Chicago Birth Injury Lawyer Blog

Parents who suffer from a combination of gestational diabetes (GDM) and obesity have recently been linked to an increased chance of delivering children with macrosomia. Macrosomia, having a very high birth weight, can lead to various birth injuries if not recognized and approached correctly by a patient’s doctor.

A recent investigation reported by Dr. Metzger, M.D., of Northwestern University School of Medicine in Chicago found that obese women had a 13.6% increased chance of delivering a baby with macrosomia compared to women of a healthy weight. If an obese woman then develops gestational diabetes her risk of delivering a macrosomic child is 20.2% above that of a woman of normal weight.

Delivering a baby with a high birth weight takes much more finesse than delivering a baby of normal weight. If a doctor fails to recognize that a baby is macrosomic they may not be able to take the necessary precautions to minimize the risks posed by the delivery. According to Allahyar Jazayeri, M.D. in an article posted by emedicine, attempts at perinatal diagnosis of macrosomia have proven difficult and are often inaccurate so a doctor should always be prepared for the possible complications of macrosomia.

Our Chicago, Illinois birth injury attorneys at Levin & Perconti recently received a settlement for a child born macrosomic whose doctors failed to properly deliver her. During delivery, the baby’s left shoulder became stuck on the mother’s pubic bone, causing a shoulder dystocia. A shoulder dystocia is a medical emergency that requires a series of careful maneuvers to disimpact the baby’s shoulder. If the doctor or nurse applies too much force the baby’s brachial plexus nerves can be damaged and the baby can develop a personal injury.

It is always devastating when a child is born with a preventable birth injury due to medical malpractice. When medical malpractice does occur, it is important to seek legal counsel to receive compensation that will allow the newborn child to receive the medical treatment necessary to give him a long and fulfilling life.

Parents of children who suffer birth injuries now can seek post-natal treatment for their newborns to reverse brain damage. A researcher at the University of Florida has discovered that the use of cooling blankets within six hours of birth may help to reduce the effects of brain damage in infants. WPTV and the Examiner.com report that these findings come after an 18 month study that looked at how these medical devices may help babies by essentially cooling their brains. This new treatment will help babies who have suffered brain damage during birth due to a low blood supply or lack of oxygen. A lack of oxygen can occur when the placenta separates from the mother’s uterus too early, and may also occur if the umbilical cord becomes wrapped around an infant’s neck or is compressed during the birthing process. When these complications happen during birth, practitioners have very little time to extract the baby before brain damage can occur. This brain damage can lead to cerebral palsy, seizure, blindness and even death.

The cooling blankets are effective at treating newborns who are under six hours old. The babies are wrapped in the cooling blankets for 72 hours and during this time their body temperature drops to 91 degrees. This drop in body temperature reduces cerebral edema, or swelling of the brain, to prevent further damage. The treatment has proven effective in reducing death and neurological defects. This is the first treatment available to reduce brain injuries in infants.

Although the treatment is currently only available in teaching hospitals, it is promising to hear that researchers are finding ways to reduce the devastating effects of brain injuries at birth. When children suffer brain injuries at birth, the impact on both the child and its family is great. In many instances, these children must endure life-long medical treatment and care which can lead to millions in medical expenses over a lifetime. Hopefully, the number of children severely injured by brain injuries will drop with this new medical procedure.

To read more about the new treatment to reduce brain damage due to birth injuries, follow the link.

Researchers at Harvard Medical School recently released a paper in the Journal of Obstetrics and Gynecology that found the average birth weight in American newborns has dropped by two ounces. The study looked at babies born between 1990 and 2005 and noted that this was the first decline in average birth weight since the 1950s. Additionally, the study found a decrease in the number of large babies born. This is seen as a positive because it leads to fewer instances of birth trauma. A decrease in the number of babies born over the 90th percentile also reduces the occurrence of serious birth injuries that can lead to lifelong health conditions, such as cerebral palsy. Follow the link to read more about this birth weight study.

A jury recently awarded $43 million to a 25-year-old woman who suffers from cerebral palsy as a result of a hospital’s negligence during birth. According to an article on WTEN New 10’s website, the hospital staff failed to properly resuscitate the newborn during delivery. This critical medical error caused the plaintiff to suffer cerebral palsy, a lifelong disorder that affects movement. The family settled out of court 19 year ago with the doctor who performed the delivery; however the case against the hospital has been active since 1991. To read the full coverage of this birth injury verdict, click on the link.

Birth injuries have become so common that about 10 out of every 1000 births have some injury. Common birth injuries include bruising, head swelling, facial paralysis, brachial palsy fractured bones and brain injuries. Most of these birth injuries are caused by medical malpractice and negligence. Birth injuries may not be apparent immediately after birth. To read more click here “birth injury”

Between 2000 and 2006, birth injuries have dropped by 30%. Despite the decline, doctors feel that there are still a lot of birth injuries that still can be prevented. It is estimated that approximately 158,000 preventable birth injuries still take place. To read the entire article click here “birth injuries”

The FDA announced yesterday that it will require new warnings for Botox and all other Botulinum Toxin products. Botulinum toxin is a neurotoxic protein produced by the bacterium Clostriduam botulinum. It is the most toxic protein known to scientists and one of the most lethal substances to occur in nature. Although not approved for such use, it is often prescribed to children with cerebral palsy, who are injected with the drug in an effort to control limb spasticity that is associated with the disorder. The drug works by paralyzing the muscles, which restricts unwanted movement. After injection, however, the toxin can migrate to other areas of the body, including those muscles used to breathe, causing potentially deadly paralysis. The FDA stated that this adverse affect has occurred most frequently in children with cerebral palsy and that several children with the birth injury have died as a result of the treatment.

The new label requirement includes a black box warning, a type of warning that is reserved for drugs with significant risks of serious or life-threatening adverse affects.

For more information on the FDA’s Botox warning, click here.

A day-care provider charged with reckless homicide following the death of a 4-month-old boy under her care is currently on trial in Wisconsin. The defendant’s medical expert testified earlier this week, however, that the doctors who delivered the baby – not the defendant – were responsible for his death. The expert testified that he believes the baby suffered a subdural hematoma resulting from birth trauma during his delivery by c-section and that a rebleed of this pre-existing injury caused his death. To support his theory that the baby died of a birth injury, the expert pointed to several pieces of evidence, including an irregularity in the growth of the infant’s skull and the lack of evidence showing major external impact. According to his testimony, this type of brain injury is characteristic of birth trauma and its symptoms, if any, are very subtle, including irritability, lethargy and vomiting.

Click here for more information about the testimony relating to the possible birth trauma as cause of death.

There are serious risks, both to the mother and her baby, when having a “natural birth” after having delivered an earlier child by c-section. The procedure, known as vaginal birth after cesarean (VBAC, for short), has been shown to cause serious injuries. For instance, there is a risk of the mother suffering a uterine rupture, which can be fatal to both her and her baby. There is also a chance that the VBAC will cause the baby to suffer oxygen deprivation (or birth hypoxia), leading to brain damage and cerebral palsy. These risks are compounded by doctors’ errors such as hesitation to perform the delivery or delaying a c-section. Recognizing that the decision to proceed with a VBAC may cause these birth injuries, and potentially be grounds for pursuing a medical malpractice lawsuit, many doctors are now refusing to perform them, opting instead for another c-section delivery.

Read more about the risks of VBACS, and the difficulties of finding doctors willing to perform them, in an article by Time Magazine.

Surviving birth may have been only half the battle for the controversial octuplets born last week to a 33-year single mother from Southern California. Although none of the infants suffered any birth injuries, they were born premature, putting them at an increased risk of developing cerebral palsy and other developmental disorders. A new study that looked at late pre-term births found that babies born between the 30th to 33rd gestation weeks may be almost 8 times more likely to have cerebral palsy than babies that were carried the full 37 weeks. The octuplets were carried just 30 weeks. The infants’ doctors have recognized their heightened risk and have stated that they will closely monitor the babies for symptoms that may develop at a later time.

To learn more about the risks facing the babies, and to read about the octuplet mother’s interview on NBC, click here.

Birth injuries are commonly known side-effects of smoking while pregnant. Examples include underweight babies, sudden infant death syndrome, heart defects and other problems. A new smoking-related birth injury is now being researched. Researchers have found that smoking can have an effect on the thyroids of babies, as well as the mothers who smoke during pregnancy. Thyroid problems during pregnancy can lead to low birth weight, brain injury, premature birth, and even miscarriage. For the full story, click here.

A medical malpractice lawsuit regarding a birth injury causing cerebral palsy has been recently filed in St. Clair County, Illinois. The suit alleges that doctors failed to appropriately resuscitate a baby after birth and did not ensure that the infant was properly intubated and monitored at St. Louis University Memorial Hospital causing brain injury. Allegedly, these medical mistakes led the baby to develop cerebral palsy, a disorder of muscle coordination and movement control that is also associated with seizures, cognitive limitations and sensory impairments. For the full story, click here.

Serious birth defects may be linked to injections of the drug Dysport, similar to popular anti-wrinkle treatment Botox. A birth injury was reported in Australia when a baby was born deaf and blind after the mother was given facial injections of Dysport during the first week of gestation. The drug, a botulinum type A toxin like Botox, has known side effects in patients such as facial paralysis, dizziness, visual disturbances, fatigue, difficulty swallowing, anxiety and hallucinations. Botox has also been linked to deaths of children with cerebral palsy in the past. For the full article, click here.

A Chicago woman has filed a Chicago personal injury lawsuit against an Illinois doctor who delivered her fifth child last March. The birth injury lawsuit alleges that the doctor repeatedly denied the Chicago woman’s requests for treatment in the form of an epidural and pain medication during labor.

For the full article.

A medical malpractice seminar will be held in Phoenix, Arizona by the American Association for Justice (AAJ). The seminar will cover birth injury lawsuits and will be held from January 30-31, 2009.

To sign up, click here. http://www.justice.org/cps/rde/xchg/justice/hs.xsl/484.htm

A doctor operated on a 3 day-old baby after an MRI showed a tumor after birth on the newborn’s brain. While the doctor removed the growth, he realized it contained a nearly perfect foot, the formation of another foot, a hand, and a thigh. The doctor said that this type of birth injury is extremely unique and unusual.

For the full article.

A woman had three children, but two were born with birth complications. The complications were quite possibly Paxil-related birth defects. The mother was taking Paxil during both pregnancies. The first son was born four weeks early and the second was born six weeks early. In 2005, the FDA issued a public health warning about Paxil – placing it in its second highest category of drugs known to cause birth injuries.

For the full article.

The FDA stated that it discovered the toxic chemical melamine in infant formula made by an American manufacturer, raising the possibility that the problem was more extensive in the US than previously thought. Agency officials said they had discovered melamine at trace levels in a single sample of infant formula. It was also discovered in several samples of dietary supplements made by the same manufactures that make the formula. FDA officials insisted that the levels of melamine were so low that they did not pose a health threat to infants and urged that there is no concern or risk from these levels. The agency spokeswoman said that the contamination was most likely the result of food contact with something like a can liner, or some other manufacturing problems, but not from deliberate adulteration. The woman declined to name the company that made the tainted infant formula. Melamine contamination became a major scandal in China after it was added to milk to disguise test results that measure protein levels. Since it was discovered in China, it has sickened more than 50,000 infants and killed 4. The FDA has stated that he has received assurances from American infant formula manufactures that they did not import ingredients from China. Though manufactures of domestic infant formula say they do not use Chinese ingredients, the F.D.A. began sampling infant formula anyway, using more sophisticated testing that had used in the past. The spokeswoman stated that the agency was testing 87 samples and had completed all but 10 of the tests. Of all of these, only one contained traces of melamine, but the FDA allows anything below 250 parts per billion of melamine in infant formula. The woman stated that the sample contained less than that as did the samples of dietary supplements. To read the full story, click here.

According to the March of Dimes, a non-profit organization dedicated to improving the health of babies, the United States is failing to prevent premature births, subjecting thousands of babies to increased risk of developing disability and birth injuries. In its first annual Premature Birth Report Card, which compared each state’s actual preterm birth rate to the national Healthy People 2010 objective, Illinois received a “D.” According to the report, Illinois ranked 31st in the U.S. with a preterm birth rate of 13.1%, which is more than 70% higher than the objective of 7.6%. In addition, the number of preterm births in Illinois increased by 11% between 1995 and 2005. The United States as a whole also received a “D” grade, with no state obtaining an “A” and only one – Vermont – achieving a “B.”

The March of Dimes has identified premature birth as a leading cause of newborn death and a major cause of life-long disabilities such as learning disabilities, cerebral palsy, blindness, hearing loss and other chronic conditions. The report states that some of the factors that contribute to premature birth can be addressed and it identifies several prevention opportunities.

Click here for the Illinois report and to view the entire report, click here.

Next week, October 19-26, will be the 9th annual Brachial Plexus Injury Awareness Week. This event was created by the United Brachial Plexus Network, Inc. with the goal of increasing general awareness of brachial plexus injuries.

A brachial plexus injury occurs when the network of spinal nerves which controls the muscles of the fingers, hand, arm, and shoulder, called the brachial plexus, is damaged. These nerves originate at the back of the neck and extend through the axilla (armpit) and into the arm, where they form 3 trunks in the upper shoulder. Erb’s Palsy refers to an injury to the upper trunk while a lower trunk injury is called Klumpke's Palsy.

A brachial plexus injury can result in full or partial paralysis of one or both arms and can be permanent if the nerves do not completely heal. In less severe instances, the nerve damage may cause weakness or a loss of muscle control in the arm, hand, or wrist, resulting in the impaired ability to grasp, extend, or reach, or a lack of feeling or sensation in the arm or hand. Physical appearance can also be affected.

Most brachial plexus injuries occur during an emergency birth condition called shoulder dystocia in which the baby’s shoulder becomes wedged behind the mother’s pubic bone while in delivery. There are several techniques or maneuvers to free the baby’s shoulder and complete the delivery safely but if the person performing the delivery is careless or applies excessive force to the baby’s head or neck, the brachial nerves can become stretched or torn.