December 31, 2011

Birth Injury Lawsuit Filed Claiming Link to Carcinogen in School

When a family suffers complications during a pregnancy or while giving birth, they often have many questions about what caused the issue and whether it could have been prevented. Losing a child or having a child born with health problems is one of the more difficult experiences that local families can go through. Yet, for all of the questions that families have in the aftermath, our Chicago birth injury attorneys know that they often face difficulty getting honest answers from those who might be able to explain what happened. Of course, at times involved medical professionals simply cannot identify with certainty why a particular problem may have developed. But at other times, the doctors may have suspicions about causes but remain silent because those causes might point to negligence on the part of another. Many Illinois birth injury lawsuits arise in just those situations.

Birth injury lawsuits are appropriate when the misconduct of others leads to problems during pregnancy or birth. Usually the misconduct is done by the medical professionals involved. But that need not always be the case. One example of this was recently highlighted in a NY Daily News story this week. The case involves a young mother-to-be who was working as a fifth grade teacher at an inner-city school when she learned that she was pregnant. Tragically, only five months into her pregnancy she learned that her developing baby had a malformed brain. The condition was known as anecephaly, and it is fatal to the child.

Following the lost pregnancy the teacher has filed a birth injury lawsuit against the school where she worked, claiming that the condition of the school building caused her child to develop the deadly abnormality. As part of the complaint which initiated the case, the plaintiff explained that tests performed at the school a few months before the woman learned of her pregnancy showed that it was laden with a carcinogen known as trichloroethylene (TCE). The carcinogen has previously been linked to birth defects. Even though the tests were conduct in a January, it wasn’t until July of that year when teachers were warned about the problem. As a result of the delay, the teacher in this case was not given the chance to consider the effect that the toxin may have on the development of her child. The couple’s attorney explained, “The whole tragic nature of the situation was made worse by the fact it could have been avoided if the Department of Education had acted properly.” Not only should the school have warned students and staff earlier, but the complaint also notes that they should have tested the school years before. Putting these educational spaces in industrial buildings comes with a variety of risks that must be accounted for.

This particular birth injury case is unique in that the family ever learned at all about the potential link between the toxin and the defect. Many families in similar situations are never made aware of the possibility that the negligence of those in a work environment might have contributed to the problem. The mother here only considered the possibility after conducting extensive research on her own to better understand why her child may have developed anecephaly. She soon discovered the link to the toxin and the presence of that toxin at her own school. A growing body of research suggests that TCE increase fetal problems.

See Our Related Blog Posts:

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Doctor’s Failure to Treat Jaundice Causes Baby to Suffer Cerebral Palsy Birth Injury

| Share
December 10, 2011

Umbilical Cord Clamping Delay May Prove Beneficial

The New York Times reported late last month on new researcher indicating that changing the timing of clamping of an umbilical cord may have health benefits for the young child. Specifically, the new research team found that when the umbilical cord is clamped affects long-term iron levels in the infant. If the data is supported then it may suggest that standard practices need to be altered for most area childbirths.

The study conducted by Swedish researchers involved examination of 334 infants. Half of the group had their cord clamped within ten seconds of their birth. The other half of the group stayed connected to the cord for significantly longer—at least three minutes but sometimes longer. All other potentially relevant aspects of the two groups were held constant. In other words they were statistically identical in gestational age, head circumference, mother’s age, and similar features. The researchers hypothesized that there might be difference in the levels of iron in the blood of the infants depending on how much time had elapsed from the birth to the clamping of the umbilical cord. Iron deficiency is a birth injury that can affect youngsters soon after they are born.

The first blood tests taken two days after the birth of the research participants showed no significant differences in iron levels. However, blood taken from the infants later—four months after their birth—found a difference. The iron concentrations in children who had the cord clamping delayed were forty five percent higher than those whose cords were cut within ten seconds of birth. Importantly, there were no adverse effects seen with the delayed clamping. Often in these situations, medical researchers will find that a course of conduct produces both benefits but also leads to increased risk of a separate birth injury. In those cases, medical professionals are forced to closely weigh the pros and cons of each option. However, this umbilical cord research suggests that not to be the case. Colloquially many medical professionals had suspected that delayed clamping led to an increase in jaundice. However, the medical team in this study found that there were no differences in jaundiced rates based on when the cord was clamped.

It will be interesting to see if this new information is further supported and incorporated into practices by obstetricians. The http://www.levinperconti.com/lawyer-attorney-1144850.html" target="_blank">Chicago injury lawyers at our firm have often explained how the reasonableness of medical conduct often hinges on the practices of others in the area. Legal negligence rules are based on the mythical “reasonable man.” However, in practice whether or not a medical professional acted reasonably in any given situation hinges on whether or not other professionals would have acted similarly when faced with the same situations. When new research comes out that counsels toward a new course of conduct, it may not immediately make it unreasonable not to follow it. But as information spreads, evidence mounts, and practices change it could reach a point where it is negligent for the doctor not to abide by the new practice. When their conduct causes injury to the child or mother, then a birth injury lawsuit may be appropriate.

See Our Related Blog Posts:

The Connection Between Birth Defects and Antidepressants

Birth Injuries – Could There Be a Link to Autism?

| Share
December 3, 2011

Teen With Spina Bifida Inspires Community

This week the Montgomery Advisor reported on the inspirational story of a boy born with spina bifida who has not let his birth injury prevent him from living his life to the fullest. Our Chicago birth injury lawyer at times get mired down in the tragedies of these injuries in our work helping families who have loved ones harmed by preventable birth injuries. There is no way around that fact that all parents wish that their children are given the same opportunities as all others. The extra challenges facing many children born these injuries are clear.

Yet, it is misguided to simply wallow in the harm caused by the harm and ignore the fact that many of the children born with these problems go on to live amazing lives that better all those around them. For example, the teen profiled in the Montgomery Advisor story recently completed a three mile race. The race included many hills and was tough for those on their feet, let alone a teen in a wheelchair. However, the young man refused to give up, even refusing to wear gloves—commonly worm by those in chairs to help maneuver. The boy was born in 1998 with spina bifida—a birth defect caused by the incomplete development of the spinal cord and coverings. It presents a wide range of problems for those inflicted, and the boy in this case is confined to a wheelchair. The fourth of five children, the boy has four brothers all of whom refuse to treat him as if he is any different.

The young man had a staggering thirteen surgeries by the time he was ten years old. His family explains that his early troubles have made him particularly tough, and he is capable of weathering any storm that comes his way. All those around him explain that the boy is constantly upbeat and working each day to warm the spirits of his friends, family members, and classmates. Not only does the teen refuse to let his condition get him down, but he has big plans for ways to help others in his situation. He is currently working to start a wheelchair basketball program in this city. He is also an avid football fan, and closely follows the Auburn college football program.

Each Chicago medical malpractice attorney at our firm who works on birth injury cases appreciates the amazing achievements of many youngsters that have been forced to deal with their birth defects. Stories abound of families that have turned their tragedy into opportunities to share lessons about perseverance, courage, and hard work. Those achievements should never be minimized. In fact, our work on Chicago birth injury lawsuits in many ways is guided by the goal of ensuring these families have the resources they need to turn the tragedy into something positive. It is particularly difficult to maximize the quality of life of one born with a birth defect if every day brings more worry about whether or not the necessary resources will be available to provide the day to day care the injured child needs.

See Our Related Blog Posts:

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

| Share
November 19, 2011

More Newborns Born Addicted to Mothers Pain Medication

The USA Today reported on Wednesday on troubling new information about the effect that medications may have on infants when taken by pregnant mothers. Medical authorities agree that there has been a tremendous surge in these cases, constituting a silent epidemic of birth injuries of which many are unaware. All observers agree that this issue needs more attention so that future innocent victims of their mother’s addictions can be spared.

Through the years of working with families whose children have been hurt during the birthing process or while in utero, our Chicago injury lawyers have come to appreciate the wide range of situations in which harm can befall new babies. It is often helpful to think of birth defects and injuries falling into various categories: those developed in utero that cannot be prevented, those developed in utero because of specific conduct on the part of mothers/doctors, and those caused by problems during birth itself. In the legal context, most birth injuries lawsuits are rooted in the last category. That is the case because it is during the birthing process itself that families most often cede complete control over the process to others. When those third parties make clear mistakes causing harm, the law provides victims with a way to seek accountability and redress.

However, the seriousness of the harm can be just as bad in all forms of birth injuries. As mentioned, the rise in infant medication addiction falls into the categories of preventable in utero problem. All with all preventable problems in this area, it is vital that more information be shared and awareness raised so that young lives can ultimately be spared.

According to the latest article on the topic, the rise in painkiller addiction is a reminder of the power of many of these drugs, like OxyContin and Vicodin, and the ways that they can be abused. The Centers for Disease Control and Prevention (CDC) explains that prescription drug addiction is the fastest growing dependency problem in the country. When it comes to infected infants, it is clear that the total number of dependant babies has tripled and quadrupled in recent years in certain areas. For example in the Tampa Bay area, experts explain that roughly one in twenty children are born with a prescription drug addiction.

The effect of the addiction on the infants cannot be underestimated. When they are born they soon begin to experience withdrawal symptoms just as an adult would. They often writhe in pain, and are unable to ever get comfortable enough to eat or sleep. In most cases medical professionals are essentially forced to re-addict them and then slowly wean them off of the new narcotic. However, for those infants with a long exposure, there may be long-term consequences. Many of these children ultimately experience learning and developmental difficulties; a majority have attention deficit problems. Some of these children are able to catch up with their peers and live problem-free. However, it goes without saying that these completely preventable problems should never occur, and all those involved in the pregnancy process should do everything in their power to prevent infants from developing these addictions.

See Our Related Blog Posts:

Birth Defects Linked to Various Persistent Organic Pollutants

Family Awarded $4.5 Million Following Birth Injury Lawsuit

| Share
September 24, 2011

Family of Birth Injured Baby Sets Up Foundation to Help Others

Our Chicago birth injury attorneys were inspired by a story in which they learned that the parents of a baby that died as a result of a brain injury that occurred during birth started a foundation in the baby’s honor to help out other children that suffered brain related birth injuries. The couple’s baby was injured during birth and as a result of this brain injury during birth, the baby ended up dying before he was even one year old. The family of the baby chose to try and turn their sadness into something more positive and started this foundation in his name about eleven years ago, which was shortly after he died as a result of his injuries. The baby’s mother says that started the foundation and works so hard for the cause in order to help her baby’s memory live on. The entire staff of the foundation is comprised of volunteer workers so that the money that is raised can go more directly to the children.

The foundation raises money through donations, which are then used to help fund projects that are set up to help victims of brain injuries that occurred during childbirth. According to LOHUD, the foundation receives the majority of their donations through an annual fundraising event that is a day long event which culminates in a fundraising dinner. Examples of where the money goes is to things like building new ramps to assist kids that need help getting into a therapy pool, to help fund in home equipment for children that need it when the family may be unable to pay for it, as well as for other projects that help children suffering from these birth injuries. In addition to raising money to help children of birth injuries, the goal of the foundation is to help educate women about birth injuries and about problems that may occur during childbirth. The family of the young victim have five other children but felt like when their terrible tragedy occurred they were not aware of the high frequency and risks of birth injuries and that they want others to know more about what can happen and feel more prepared than they were if something does go wrong during birth. The specific area of education that the foundation focuses on is the risk of a vaginal birth following birth by a caesarian.

Our Chicago personal injury lawyers are so happy that this couple and their family was able to take their tragedy and their grief and find a way to help others that are victims of this type of birth injury. The cost of medical bills, equipment, and therapy for the injuries is often very high and when the injury is the result of the doctor’s negligence, many families choose to sue the doctor for causing the baby’s injuries. Our Illinois birth injury attorneys have helped out clients recover millions of dollars in connection with their birth injury lawsuits and are here to help out your family if this has happened to you or if this has happened to a loved one.

| Share
September 14, 2011

Paxil Related Birth Injury Claims May Still be Filed

Our Chicago-based birth injury attorneys want to make sure that all families that were affected by a birth injury that was caused by the mother taking Paxil while pregnant realize that there may still be time for their birth injury lawsuit to be filed. Paxil is a drug that has been and continues to be heavily prescribed to treat depression, panic attacks, anxiety attacks, and social anxiety issues. However, after the drug had been prescribed to patients for years it was discovered by researchers that the drug could lead to rather serious birth defects in newborn babies when the mother took the drug during her pregnancy. The drug can lead to severe physical defects to the baby, including heart problems, foot development problems, brain and skull development problems, as well as other physical birth injuries that can be very difficult for the families affected.

Many victims of Paxil related birth injuries have filed birth injury lawsuits against the manufacturers of the drug for failure to realize and warn their patients of the dangers associated with taking this particular anti-depressant. These patients often had babies born with the above mentioned physical problems and many of those affected are suing the drug manufacturing company to recover the medical costs associated with the baby’s injuries caused by taking the drug, as well as compensation for the pain and suffering that the manufacturer’s negligence caused the families of these babies born with these severe birth injuries.

While many of these birth injury lawsuits have been filed and settled for the families of these babies, according to PR Web, many families that have not yet filed a lawsuit for their baby’s birth injuries are afraid that they have missed their chance to file a birth injury claim against the drug manufacturer. Our birth injury lawyers want to make sure that families understand that they have not necessarily missed their opportunity to receive the compensation that they deserve for the drug manufacturer’s negligence and that there are still birth injury attorneys that will take the case and help the victims fight to receive the monetary compensation that they deserve.

If you or a loved one gave birth to a baby that suffered from severe physical problems at birth and the mother was prescribed and was taking Paxil at the time that the baby was born, you may have a Paxil birth injury claim available to be filed against the manufacturer of the drug. Additionally, depending on when your doctor prescribed the drug to you, you may have a negligence claim against your doctor too if the dangerous side effects were already known to medical professionals when it was prescribed to you. If you feel that this has happened to you and your baby, please contact our Chicago personal injury attorneys today to discuss your story and to see what legal options you may have available to you. Our Illinois personal injury law firm has helped many clients receive the appropriate damages for their personal injuries that were caused by the negligence of another and we are here to talk to you today about your potential case.

| Share
September 4, 2011

Dramatic Rise in Caesarian Births

Our Chicago birth injury attorneys recently read that multiple hospitals in the Miami area stated that in 2010, over half of their births were caesarian births (C-sections), as opposed to vaginal deliveries. Additionally, according to Florida Independent, this city has the highest rate of C-section deliveries in the United States. The high number of C-section births worry many doctors and other health care professionals, because many believe that C-sections should only be performed when it is medically in the best interest of the mother and baby. Examples of when it might be medically necessary is when there is a complication that makes the birth need to occur quickly in order to keep the mother and baby safe.

One of the reasons that there has been a large rise in the number of C-section births is because in terms of scheduling it is easier for both mothers and for hospitals. With C-sections, the birth is often times scheduled ahead of time (unless the C-section is because of a complication or an emergency situation) and this makes both the family and the hospital able to plan for the birth. While the ease in planning may sound like a good solution to giving birth to many doctors and expectant families, it is not a good reason to have a C-section if that is the only reason for performing the C-section instead of performing a vaginal birth. A C-section is a surgical procedure and the risk associated with surgeries are present with all C-sections, and many mothers and babies suffer complications with C-sections that would not be present with a normal vaginal delivery.

Another reason that many doctors opt for, and encourage, C-sections even when they may not be medically necessary, is that doctors often worry about the increased risk of medical malpractice and birth injury lawsuits that may arise from a long labor and natural birthing process. While there may be more time for birth related complications to arise during a prolonged labor, the risk of a potential birth injury lawsuit is not a good reason for a doctor to encourage a C-section as a birthing solution when there is no other logical reason to perform the C-section.

If your doctor suggests a C-section delivery, instead of a vaginal labor and birth, please make sure to understand the reasoning behind the suggestions, and choose one when it is medically necessary and not just for scheduling ease. C-sections are a great option when there is a complication and the baby needs to be delivered immediately, or when other complications make one necessary, but if that is not the case and it is just for the doctor to protect themselves from a possible birth injury lawsuit, undergoing surgery for no real reason may not be the best choice for the mother or the baby. All doctors and all hospitals should always place the patient and the baby’s health and safety first and foremost, and if you feel that the doctor was negligent in their decision making, please contact our Illinois personal injury attorneys to talk about whether a birth injury lawsuit should be filed against the doctor.

| Share
August 31, 2011

Even Short Term Oxygen Deprivation at Birth May Result in Developmental Delays

Our Illinois birth injury attorneys worry about babies that are born with any type of oxygen deprivation, because even if severe brain injury does not result immediately there still may be cognitive and developmental injuries and defects that result later on in the child’s life. According to the American Psychological Association’s study and Science Blog, even slight oxygen deprivation may be dangerous to babies, especially those babies that are born premature because they are typically more susceptible and vulnerable than full term babies. This type of lack of oxygen injury may not present itself until later on, and is not as easy to spot as an immediate injury caused by oxygen deprivation at birth.

When any baby (premature or full term) is born and suffers from oxygen deprivation for a significant amount of time, there may be severe brain damage that results and that is apparent immediately. This type of birth injury is often times preventable, but sometimes the damage to the baby occurs anyway due to the doctor’s negligence and the doctor’s failure to exercise the appropriate level of care. This severe brain injury can lead to a lifetime of medical care and rehabilitation and is often times the subject of a negligence birth injury lawsuit against the doctor or hospital responsible.

However, the type of birth injury that is less obvious, at least immediately, results from a shorter period of oxygen deprivation to babies that may be more vulnerable (such as premature babies). Studies have shown that premature babies that suffered from oxygen deprivation ended up more likely to have language developmental, as well as other cognitive developmental problems, that become apparent over time. This psychological study and finding show that the effects of oxygen deprivation are not just all or nothing and that there may be more of a gray area in terms of what any level of oxygen deprivation may do to a newborn.

Many birth injury lawsuits are filed by parents when their baby suffered a severe birth injury, such as a brain injury, cerebral palsy, or another developmental defect, due to a significant lack of oxygen at birth. However, parents may not realize the long term effects of even a slight oxygen deprivation if the baby seems to be fine, both physical and mentally, shortly after birth. However, if these problems arise later in the child’s development, the family may still have options available to them. If a doctor or other hospital staff member was negligent in causing or delaying the oxygen flow to the baby even for a short period of time, and any injury to the baby did result, please contact a birth injury attorney to discuss the options available to you and your family.

Our personal injury law firm has helped victims of birth injuries all over Illinois, and have helped recover millions of dollars for the medical bills, pain and suffering, and other damages sustained as a result of another’s negligence. If you or a loved one gave birth to a baby that suffered a birth injury resulting from a lack of oxygen at birth, and signs of this injury appeared either immediately or later in the child’s development, please contact our birth injury attorneys immediately to discuss what has happened to you or your family and what next steps may be available to you.

| Share
August 29, 2011

Hypothermia Treatment for Lack of Oxygen Birth Injuries

Our Illinois birth injury attorneys are very interested in the new technique of therapeutic hypothermia as a method to try to help newborns that suffer from a birth injury due to a lack of oxygen. Unfortunately, as many as one out of every one thousand babies born suffer from some level of oxygen deprivation at birth. While often times this problem is very short lived and the doctor can restore oxygen to the baby immediately, other times due to either the doctor’s negligence or a complication that arises, the baby is without oxygen for a longer period of time and may suffer from serious developmental injuries as a result of being without oxygen.

A newer treatment for birth-related brain injuries has been developed, in which the baby is cooled to levels that induce hypothermia for a period of time, in which the baby has as high as a 50% chance of recovering from the lack of oxygen injury over babies that were not given the cooling treatment. When babies suffer a lack of oxygen for too long and no treatment works, they may have permanent develop cerebral palsy and a permanent brain injury. Because these results can be so devastating to the baby and the family, it is great to find new treatments that may help to eliminate this problem. While the hypothermia treatment does not work in all cases where the baby suffers from a lack of oxygen birth injury the treatment has been shown to work in a number of cases and has helped many babies recover fully and not suffer permanent developmental issues.

While this process seems to work well for treating newborn babies that have suffered from a lack of oxygen, the cooling process is not an easy one, as it takes time and certain facilities to carry it out properly. According to The Los Angeles Times, only very advanced level of neonatal centers are able to do this type of procedure at this time. The long term affects of a birth related brain injury caused by a lack of oxygen could be very severe on the baby and the baby’s family. When the birth injury is the result of the negligence on the part of the doctor or other hospital staff, such as if warning signs were ignored or improper procedures were used in delivering the baby, the family may file a birth injury lawsuit against the person responsible to help them in some way recover for what that person has forced the baby and family to suffer through.

If you or a loved one gave birth to a baby who suffered a permanent birth injury as a result of the way in which the delivery was handled, please do not hesitate to contact our personal injury law firm today to discuss what options you may have available to you and your family and to discuss what next steps should be taken. Our attorneys have helped clients all over Illinois recover damages for the medical bills, as well as for the pain and suffering, that the clients have been forced to deal with as a result of someone else’s negligence.

| Share
August 19, 2011

Newer Anti-Seizure Medications Found to Not be Linked to Birth Injury

Our Illinois birth injury attorneys have unfortunately seen many cases of birth injuries related to the taking of a drug by a mother during pregnancy, that her doctor either did not warn her could cause birth defects or that the company did not warn doctors could cause birth defects. Often times the birth injury that results from taking the drug while pregnant is one that would not have been present if the doctor responsible for the mother and unborn baby's health had not prescribed the drug to the pregnant mother. Two of the most common drugs that have been linked to a high frequency of birth injuries, if the mother is taking the drug during her pregnancy, are Depakote and Topamax, both of which are drugs designed to reduce the number of epileptic seizures for patients taking these drugs. While these drugs do work well for patients with epilepsy in helping to control their seizures, the drugs have been found in many cases be very dangerous to an unborn baby, and as many as one out of every five babies born while the mother was taking one of these anti-seizure medications were born with birth defects.

The birth defects associated with these anti-seizure drugs range from spina bifida (when the baby's spinal cord does not develop properly) to problems with limb development and problems with skull and brain development. Since these drugs have recently been linked to these birth defects many families who had babies while prescribed this medication have filed a birth injury lawsuit against both the manufacturing companies and the doctors who prescribed the drugs to the mothers.

Researchers have found that some of the newer anti-seizure drugs do not seem to cause birth defects in babies if the mother is taking them during pregnancy. According to About Lawsuits, the two newer anti-seizure drugs that were studied in connection with birth defects were Trileptal and Lamictal, and no connection was found between using these drugs during pregnancy and an increase in birth defects. The reason that this news is so important is that epileptic patients that are pregnant may now have a safe alternative that allows them to continue their medication to prevent seizures while also making sure that their baby does not suffer a birth injury while taking the medication.

These newer anti-seizure drugs not causing birth defects are also great news for pregnant epileptic women because the risk of not taking any anti-seizure medication during pregnancy is not only a danger to the mother but could be dangerous to the baby as well. The mother having a seizure during pregnancy could be dangerous to the baby's health and development as well as to the mother, so it would be best if there was an option for the mother to be able to take an anti-seizure medication that would also be safe to her unborn baby.

Most mothers would not have chosen to have taken one of the now known anti-seizure drugs that have been found to have a strong correlation to birth injuries had they known of the dangers. However, most mothers that were prescribed the drugs linked to birth injuries were unaware that there was any danger associated with the drug and trusted their doctors to not prescribe them something that would endanger their baby. Whether it was the doctor or the drug company's negligence that led to these avoidable birth injuries to all of these babies, the families are entitled to compensation for all that they have suffered as a result of another's negligence. If you or a loved one has given birth to a baby that suffered birth defects likely a result of an anti-seizure medication being prescribed during pregnancy, please do not hesitate to contact our personal injury law firm today to see what options are available to you.

| Share
August 15, 2011

Hospital Settles Birth Injury Case for $1.5 Million Dollars

Our Illinois birth injury attorneys recently read about a settlement in a case where a baby was severely injured at a county hospital, and the county hospital agreed to pay $1.5 million dollars to settle the case. The birth injury lawsuit was brought by the mother of a baby that was severely and permanently injured during delivery. According to Record Net, the reason that the hospital is named as the defendant in the birth injury lawsuit is because the mother of the baby felt that it was the hospital’s negligence during the birthing process that led to the baby’s permanent and severe birth injuries. The medical malpractice lawsuit also notes that the injuries to the newborn baby will require lifetime medical care, and damages for this indefinite care were included in the request for damages as well.

Unfortunately, many babies are injured during childbirth as a result of negligence on the part of the hospital staff or because of procedures in place by the hospital. Whether it is caused by the hospital being overcrowded, the hospital being understaffed, the doctors or nurses not being prepared for anything that could happen, or the staff just making mistakes during delivery, these types of injuries happen far too often. Often times the pregnancy has no complications and the baby is perfectly fine and healthy until delivery, and then because of negligence on the part of the hospital or the doctor or nurse, the baby may suffer a birth injury.

Birth injuries often times occur when the baby stops getting oxygen during birth, whether it is caused by the umbilical cord wrapping around the baby or another complication that stops the oxygen flow to the baby. While oxygen derivation during birth is a terrible issue, if the doctor is aware of the problem or of what is causing the lack of oxygen, often times they can fix the issue quickly and the baby does not suffer any permanent damage. However, if a doctor fails to monitor the mother and baby properly they may miss a serious complication and the baby may be without oxygen for too long of a period of time and could have a serious injury such as cerebral palsy.

Birth injuries are often completely preventable with the right care and preparation. The baby should be closely monitored to make sure that all of the vital signs are good and that the baby is not in distress. If the baby is in distress and the doctor realizes it, often times the doctor is able to act quickly and deliver the baby and the baby will be okay and will not suffer any types of permanent damage.

If you recently gave birth and the baby suffered from a birth injury that occurred during childbirth, and you feel that the doctor or hospital was negligent and their actions caused the birth injury please call our personal injury law firm today. Our birth injury attorneys have helped out injured clients all over the state of Illinois and are here to talk to you about your possible case and the options available to you.

August 11, 2011

Report Finds Recent Rise in C-Section Births

Chicago birth injury attorneys from our office recently read an article in USA Today, that found that as of 2009, the number of C-sections had grown to 34 percent, up from 27 percent in 2002. A report has shown that there are various reasons for the increase in C-sections including that they are more convenient for both the mothers and the doctors since the time of the birth is planned, they are used for multiple births (which have also increased in recent years), they are often used when the mother has certain risk factors, and that more women have started to request them.

C-sections, which is the nickname that is often given to caesarean deliveries, are a method of delivering a baby in which an incision is made in the mother’s stomach and the baby is removed as opposed to the baby being born vaginally. C-sections are intended to be used when a vaginal delivery would put either mother or baby at risk to reduce the risk of birth injuries in a number of cases. However, many doctors caution that C-sections are only to be used when necessary to protect the mother or the baby, and that they are becoming too much of default procedure because doctors fear birth malpractice lawsuits.

The reason that a C-section may not be the best choice is that they have certain risks that can occur with them as well. The number one reason that doctors worry about performing C-sections for convenience is that they cut the full term of the pregnancy down, and it is very important for a baby to go to full term if there are no serious complications with the pregnancy. In the last month the baby’s lungs, brain and kidneys finish developing and therefore this is not something that short be cut short when it does not need to be.

Additionally, a C-section is a surgical procedure and carries with it the risk for infection, anesthesia errors, and other surgical errors. In order to reduce these risks, a mother should choose vaginal birth if they are low-risk for complications.

If you believe that your physician acted negligently in performing a C-section and these mistakes caused injury to your baby, please do not hesitate to contact our Illinois personal injury attorneys immediately to discuss what possible options are available to you and to your family.

| Share
August 9, 2011

Video Cameras Banned in Hospital Room During Delivery?

Our Chicago birth injury attorneys were interested to learn that some hospitals have started banning the use of video cameras in hospital delivery rooms. At this point in time the decision whether or not to allow video cameras in hospital delivery rooms is up to each individual hospital and there is no national standard in place dealing with the issue. Some hospitals that are banning video cameras in the delivery room say that the reason for not allowing the video cameras in the room is strictly to insure the safety of the mother and baby during delivery and to help protect the privacy of the delivery staff. Some of the hospitals that ban video cameras in the room during the birth do allow video cameras to be used shortly after birth when the medical staff gives the family permission to use the camera to the family.

While it is important to ensure the mother and baby’s safety first and foremost, and any videotaping that interferes with safety seems reasonable to restrict, many new parents are upset with these new policies and feel that the whole birthing experience is diminished by not being able to capture it on film. According to the New York Times, one doctor said that with all the current technology and ability to film he feels that the room becomes too overwhelming and that he is unable to fully focus on his job. While a doctor’s full focus and care is a very important part of the birthing process, it seems interesting that this is just starting to become an issue now when video cameras have been used in delivery rooms for many years.

Birth videos have recently started to be used as evidence in medical malpractice cases that have to do with birth injury lawsuits. Because birth videos were taken often times right when a medical mistake or problem occurs it is no surprise that many parents are using them as evidence when alleging that the doctor performing the birth was negligent or failed to give the proper care and attention necessary for the birth of the baby. While it makes since that the video cameras should maybe not be allowed in the room if they are distracting the doctor, it seems interesting that video cameras may not be allowed in order to protect a doctor from liability. All doctors should act with the utmost care and attention during each birth and should not be acting any differently if there is a video camera present.

While understanding every hospital’s decision and reasoning behind choosing to ban video cameras is not something that is completely clear, the most important thing to make sure is that the baby and the mother are given complete attention and the best possible care available, but also weighing the importance of being able to document the baby’s first moments for the families.

Whether it was on video or not, any doctor that acted negligently or irresponsibly during the birth of a child should be held accountable for their actions. If you believe that a negligent healthcare provider is responsible for your child's injury, please do no hesitate to contact our Illinois personal injury law firm today to discuss what type of actions and compensation may be available to you and your family.

August 7, 2011

Court Allows Family to Sue Doctor for Birth Injury

Our Illinois birth injury attorneys found it interesting that a Florida court decided to allow the family of a baby injured during childbirth to sue the doctor and the hospital personally, since the state has a statewide fund set up to compensate families for birth related injuries instead of allowing the injured party to sue the doctors and hospital. According to the American Medical Association, the baby was born nearly ten years ago after the mother was in a car accident, and the baby had no oxygen when it was first born but responded positively to resuscitation. The newborn suffered respiratory distress shortly after birth and was sent to an area of the hospital where she was to receive special care. However, while in this special care area, the baby suffered more health problems and at that point experienced a hemorrhage and actually stopped breathing again. During this time the baby girl suffered both permanent and severe brain injuries. The family believed the hospital staff were responsible, but because of the program implemented by the state, the family was not able to sue the doctor or the hospital individually until very recently.

The reason that the family was unable to sue the doctor and hospital initially is because the state has a statute that requires that any birth injury involving oxygen deprivation during the birthing process be compensated through a fund set up through the state for these types of injuries specifically. This means that the doctors and hospitals are protected and that the families of the injured babies cannot sue them personally for injuries that are caused by a lack of oxygen during child birth. This is not something that has been adopted by all states and in Illinois the family of a newborn who is injured during childbirth may sue the doctor responsible and the hospital responsible for the injury to the newborn. This is an example of how different states may handle personal injury lawsuits and the type of compensation available to the victims of certain types of personal injuries. The reason that this statute was created in this particular state was to try to help with a growing medical liability problem in the state and to try to make the medical world more stable. However, many victims are upset by this law because it often shields the person actually responsible for the injury from any type of liability.

The court in this lawsuit found that the family was able to sue the doctor and the hospital because the injury did not occur during the actual birthing process but rather in the days following the birth. Given the timing of the injury, the court held that the statute was intended to apply to birth related oxygen deprivation injuries only and therefore was not to be used in this particular instance, because the injury to the baby that resulted in the brain damage occurred days after the birth.

Continue reading "Court Allows Family to Sue Doctor for Birth Injury" »

| Share
June 14, 2011

Medical Malpractice: The sad case of shoulder dystocia

Our Chicago birth injury attorneys often receive troubling calls from heartbroken parents describing incidents of shoulder dystocia. According to a recent article from MissionLocal.org, shoulder dystocia is a birth complication often associated with, but not limited to pregnant women with diabetes. Shoulder dystocia occurs when a child’s head is delivered, but the shoulders of the child are unable to pass through the birth canal. When this occurs, the child is immediately in jeopardy of suffering serious birth injuries or even death. According to the report, sometimes doctors are able to avoid injury by quickly repositioning the child, but others aren’t so lucky.

Shoulder dystocia is one of the most dangerous birth complications. Once the head of a baby is delivered, significant strain is placed on the umbilical cord. In a typical childbirth setting this is not a problem because of the relatively short period of time between delivery of a baby’s head and shoulders. In shoulder dystocia cases, however, the prolonged stress often leads to permanent injuries.

John Perconti filed a lawsuit against Evanston Hospital in 2005 for complications suffered by Denise Juarez when the birth complication of shoulder dystocia caused her to ultimately suffer from Erb’s palsy, which is the weakness or loss of movement caused by damage to the nerve bundles at one’s shoulders.

While some cases involving shoulder dystocia can not be predicted, many others can, and failing to diagnose a fetus with a high propensity of suffering a shoulder dystocia is medical malpractice. In the case of Denise, the facility was negligent in a number of ways. The staff failed to perform an ultrasound prior to delivering Denise to determine her size, given the fact that Denise’s mother had previously delivered a large baby. Additionally, the staff failed to inform Denise’s mother of her increased risk for shoulder dystocia and failed to offer a Caesarean section as an option to reduce these risks. Finally, during delivery, the labor and delivery team failed to perform the proper disimpaction techniques, and the doctors applied excessive force causing Denise’s permanent nerve damage.

John and the rest of the birth injury lawyer team at Levin and Perconti, using their knowledge gained over many years practicing in the area, were able to settle Denise’s case for $1.3 million dollars. This money will help provide Denise the care and treatment necessary to live a more normal life.

March 4, 2011

New safety reform at hospital decreases number of annual birth injuries

An east coast hospital has recently developed a comprehensive obstetrics safety program which has drastically reduced hospital errors in the delivery room. According to Crain’s New York Business, the program requires clear documentation of a doctor’s actions even in cases where unfortunate outcomes were not the result of a doctor’s negligent acts. The program then requires doctors to review the reports. The hospital claims that the safety changes made as a result of this program have resulted in a significant drop of birth injuries.

The program has lead to various safety changes throughout the hospital. For example, the labor and delivery unit eliminated its old procedure of communicating patients’ progress with a dry-erase whiteboard. The unit now uses a new electronic application that can be accessed through any Internet browser. The unit has also prohibited paper charting in order to improve communication.

The labor and delivery unit also hired a full-time patient safety nurse to educate staff on new protocols the doctors wanted and to conduct emergency drills. The department also hired three additional physician assistants to reduce the time the other obstetricians needed to be “on call” during their off hours. This change was made after the program showed that doctors tended to make mistakes when they were deprived of sleep.

Our Chicago birth injury attorneys at Levin & Perconti are excited to hear about these new medical developments in safety and patient care. New innovative therapies can help prevent birth injuries. Too often our lawyers have witnessed tragic childbirth situations involving inadequate medical care.

Continue reading "New safety reform at hospital decreases number of annual birth injuries" »

| Share
January 2, 2011

New Hampshire midwife surrenders license following a string of lawsuits

A midwife in Concord, New Hampshire surrendered her license to practice following multiple complaints alleging that the midwife failed to take proper precautions during delivery. Some of the complaints have turned into lawsuits. In one suit, the mother developed an infection and underwent a hysterectomy immediately after giving birth. Another lawsuit deals with a child who suffered severe brain injury during birth.

In New Hampshire, midwives must take a college course in anatomy, study under a practicing midwife and pass a written exam to become certified. The New Hampshire Midwifery Council licenses and oversees the state's lay midwives.

The midwife facing these current allegations has already faced restrictions on her license in the past due to a birth injury in which the midwife failed to monitor the labor properly. According to the Midwifery Council, who keeps files on recorded complaints, the midwife failed to get emergency help in a timely manner and the baby consequently died.

As a result of her negligence in that case, the Midwifery Council required the midwife to temporarily practice under another midwife and to participate in continuing education. However, following her supervision, the midwife assisted eight births in one year that sparked numerous allegations of misconduct.

In one past case, the midwife was unable to locate the baby's heart rate for an extended time near the end of the labor. According to the patient’s allegations, the midwife didn't call 911 immediately after birth even though the baby was not breathing. Instead of calling 911, the midwife allowed a student midwife try to revive the baby. The student did not have any training or education in neonatal resuscitation. Although the baby was resuscitated after being taken to a local hospital, the newborn sustained severe brain injury due to lack of oxygen during birth.

To read more about these allegations, visit the Concord Monitor.

Continue reading "New Hampshire midwife surrenders license following a string of lawsuits" »

November 22, 2010

New whole-body cooling blanket saves newborn from birth-related brain injuries.

A newborn in California recently received the benefits of an innovative therapy that cools the baby’s body to decrease brain injury. This therapy helps minimize birth-related brain injuries that can cause cerebral palsy, neurological problems and other cognitive delays.

The California newborn had been cut off from oxygen and was beginning to swell after his birth. There is only a small window of opportunity in which the therapy can be beneficiation. Doctors had around six hours to drop the baby’s body temperature to 92.3 degrees, about 6 degrees below normal.

To read more about this newborn’s success with this ground-breaking therapy, please visit The Fresno Bee.

Lower body temperatures have long been known to minimize brain injury. However, doctors have debated about the best method in which to lower a baby’s temperature. Since speed is a critical factor in the therapy’s success, the hospital used a whole-body cooling blanket designed for newborns deprived of oxygen. The blanket system is designed to quickly induce whole-body hypothermia.

A lack of oxygen to the brain causes hypoxic-ischemic encephalopathy. When this occurs the brain reacts to the lack of oxygen by swelling. The swelling then cuts off blood supply to the brain. As the body tries to protect the brain other organs such as the kidneys and liver can be damaged as well.

It is important to quickly cool the body in order to prevent damage because the swelling in the brain occurs over several hours before the damage becomes permanent. Lowering the body’s temperature lowers the body’s metabolism, hearth rate, and blood pressure. As a result, the swelling in the brain is reduced.

Continue reading "New whole-body cooling blanket saves newborn from birth-related brain injuries. " »

July 25, 2010

Canadian Research Warns Obesity Adds Health Risks for Expectant Mothers and Newborn Babies

According to McMaster University researchers who collected information from over one million women in 84 studies, overweight moms-to-be have considerably higher risks of delivering prematurely. This risk increases with the weight of the women.

In the first 28 days of a baby’s life, those born prematurely have the highest risk of illness and death. The complications from premature birth include breathing problems, infections and feeding problems with the ultimate risk being death. The rise of obesity in women has contributed to the rise in cesarean sections, along with an increased rate of birth trauma and delivery room emergencies, including birth injuries.

Pre-eclampsia, which is a condition of pregnancy marked by high blood pressure, is more likely to be found in obese women as are blood clots in the legs and diabetes. According to Canadian statistics, 23%of women are obese, while 29% are overweight. Women aged 25-34, deliver over 60% of Canadian babies every year and their obesity rates have nearly doubled in the past 25 years.

In comparison, in the United States according to The Weight-control Information Network, 49.6% of non-Hispanic black women, 43 % of Hispanic women and 33% of non-Hispanic white women are obese. With these high levels of obesity among American women, one can assume that women in the U.S. share the same risks as those in Canada.

The studies found an increased risk of about 24% of spontaneous preterm birth in the overweight or obese women. Additionally, these women had a 30% greater risk of induced preterm births before 37 weeks (a full-term pregnancy is 40 weeks). In the very obese women, the risk rises to 70 %.

Although doctors are not recommending pregnant women lose a large amount of weight during their pregnancy, these studies stress that women should try to optimize their weight before pregnancy to reduce the risks to the child. Weight loss can remove or lessen some of the risks. Childbirth is a routine procedure, but malpractice does occur and the effects can be devastating. That is why it is crucial for expecting mothers to do whatever they can to reduce the risk of premature birth and complications during labor and delivery. Doing so may help to prevent serious and lifelong birth injuries such as Erb's Palsy or Cerebral Palsy. Birth injury prevention should be an important consideration for all pregnant women.

Continue reading "Canadian Research Warns Obesity Adds Health Risks for Expectant Mothers and Newborn Babies" »

July 17, 2010

Medical Malpractice Suit Against Negligent Doctor

It is every parent’s worst fear for their child to suffer from a traumatic experience during the course of their life. Still, due to high levels of medical negligence during birth, some parent’s fears come to fruition all too soon. That was the case of one mother who gave birth at Norwich Obstetrics and Gynecological Group Inc. under the care of Dr. John Bodin. According to the Norwich Bulletin, Dr. Bodin was sanctioned by the Connecticut Department of Public Health after an investigation found he failed to monitor a woman in labor or intervene when nurses reported the unborn child was in distress. This failure led to the child suffering brain injury and a brain hemorrhage which subsequently led to the newborns untimely death only five weeks after his birth.

The mother, who has chosen to remain anonymous, claimed in a lawsuit against Dr. Bodin and the facility, that Dr. Bodin used an excessive amount of Pitocin, a drug used to stimulate contractions, and subsequently failed to recognize signs of fetal distress or to intervene by performing a timely Cesarean Section.

Medical malpractice lawsuits are unfortunately not uncommon. According to the Connecticut Department of Public Health an OB-GYN is sued an average of 2.7 times during his career. Lawsuits can be expensive to defend, costing as much as $200,000-$300,000 per lawsuit. These high costs, and the increasing costs in medical malpractice insurance are why Dr. Bodi claims to have closed his practice.

While Dr. Bodi acts as though he has been victimized into closing his facility, it is important to remember who the real victim is in this story. It is not Dr. Bodi who’s child was lost due to the negligence of another, and although Dr. Bodi may have had to close his facility because of the high costs of his insurance (which he claims to have been about $130,000 per doctor, and would have increased because of this now pending lawsuit), perhaps next time when a mother is suffering from similar symptoms as the mother in this case, Dr. Bodi will remember the consequences of performing his duty negligently.

June 29, 2010

Gestational Diabetes and Obesity Linked to Increased Birth Weight in Babies

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.

Continue reading "Gestational Diabetes and Obesity Linked to Increased Birth Weight in Babies" »

June 14, 2010

Cooling Blankets Help Reduce the Effects of Birth Injuries

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.

January 22, 2010

Drop in Average Birth Weight May Lead to Fewer Birth Injuries

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.

October 9, 2009

Jury Awards Family $43 M in Birth Injury Trial

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.

July 1, 2009

Birth Injuries from Medical Malpractice

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

| Share
June 23, 2009

Fewer Birth Injuries

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

| Share
May 1, 2009

FDA Warns of Potentially Lethal Adverse Affects of Botox in Children with Cerebral Palsy

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.

April 8, 2009

Expert in Homicide Case Testifies that Birth Injury, Not Child Abuse, Caused Infant’s Death

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.

| Share
February 26, 2009

The Risks of Natural Birth Following Previous C-Sections

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.

February 6, 2009

Octuplets Still Not in the Clear

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.

| Share
January 15, 2009

New birth injury added to list of risks caused by smoking during pregnancy

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.

| Share
January 13, 2009

Medical malpractice lawsuit filed on behalf infant brain damaged after birth injury

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.

January 12, 2009

Birth defects may be linked to anti-wrinkle drug Dysport

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.

| Share
January 8, 2009

Birth injury lawsuit alleges doctor verbally abused plaintiff

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.

| Share
December 20, 2008

Birth injury seminar this winter in Phoenix

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

December 18, 2008

Tumor found after baby’s birth shocks doctor

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.

| Share
December 17, 2008

Paxil birth defect warning too late for some children

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.

| Share
November 29, 2008

Melamine Traces Found in U.S. Infant Formula

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.

| Share
November 14, 2008

Illinois Receives a “D” for its Premature Birth Rate

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.

| Share
October 13, 2008

Brachial Plexus Injury Awareness Week

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.