Chicago Birth Injury Lawyer Blog

With all of the recent talk about the over-use of C-sections and the benefits of natural birth, our Chicago birth injury lawyers realize that it is important not to underestimate the risk of complications and the need for quick emergency medical intervention during my births. Obviously normal vaginal birth is ideal when all goes well in a pregnancy, the risks of surgery should never be borne if they can be prevented. However, at the end of the day, in many circumstances they cannot be prevented. The call for a lowering of C-section rates should be understood only in terms of those situations where it is not necessary. In many cases it is necessary. In fact, often the failure to conduct a timely C-section results in significant harm to a child. Many Illinois birth injury lawsuits that our firm handles have been based on that very notion.

An interesting new study reported in The Conversation blog yesterday suggests that many mother may actually underestimate the risk of needed intervention during their birth. The story explains that most women assume that odds are they will go through labor without needing any special intervention. However, new data suggests the opposite to be true. The authors note the “the disconnect between expectations and evidence means that new mothers may not be making informed and appropriate choices about the type of care they should get during pregnancy and where they give birth.”

Per the research, a medically uncomplicated birth was one with labor that starts naturally and does not require the use of special devices like forceps, suction cups, or necessitate C-section birth. The definition did call for use of pain relief measures like an epidural. In addition, skin tears or cuts were also not deemed to signify a complication. Expectant mothers, obstetricians, midwives, and medical students were all asked to predict the percentage of woman who would experience an uncomplicated birth, devoid of the above interventions or birth injuries.

Data using the same definitions above found that, amazingly, only one in five first time mothers would have an uncomplicated birth. A much smaller number—8%--would have a birth that also did not involve a vaginal tear or cut.

So how close were the guesses to the actual statistics?

The average guess from all participants was over 48%--more than twice the actual percentage of mothers who have an uncomplicated first time birth. The expectant mothers themselves were the most incorrect, guessing that 56% of women would not have complications. Medical students at the beginning of their training were just slightly better, estimating 53%. Medical staff members were closest to accurate at 38%, but they were still more than 17% off the actual mark.

Our birth injury attorneys were interested to read that the study’s authors speculated that the perceptions of mothers is likely caused by inaccurate data they receive from health professionals, media, and social contacts. Although others suggest that the problem is also that the intervention rates themselves are too high, unnecessarily driving up the disconnect between perception and reality.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Parent Central reported this week on one hospital’s effort to cut down on C-section births. Our Chicago birth injury attorneys have written frequently on this blog about the rising concerns among some in the medical community with the increasing use of surgical births. Of course C-section births are something essential, particularly where there happens to be some complications during birth. However, the need at times for these procedures does not mean that they are always necessary. In fact, C-sections come with increased risk of certain birth injuries. That is why it is important that the rates be cut, at least when it comes to elective or optional surgical births.

The hospital profiled in this story worked hard to cut the rate, knowing that the issue was a difficult one. On one hand expectant mothers appreciate the availability of options in front of them. However, C-sections come with increased risks and a cost that is almost twice as high as that for regular vaginal births. Weighing the costs (health and financial), the hospital set a target of reducing the rate of surgical births from its current 30% rate to 25%. The hospital performs about 3,000 births a year, so reducing the level by 5% amounted to performing about 150 fewer C-sections each year.

To meet that goal the hospital considered a range of proposals. Those efforts included tightening policies for inducing childbirth for those past due and better educating patients about the benefits of vaginal births—even after having a previous C-section. After implementing the efforts the hospital reported that C-section rate was down the 5%, to their target of 25% overall. In one month the rate was down to 22%. Our Illinois birth injury attorneys know that this is a positive step which seems to involve the proper balancing of the best interests of the mother and child.

With just this one modest effort in one hospital, at least $70,000 was saved. When those benefits are multiplied in other areas, it is easy to see that significant funds can be saved while actually making patients safer and limiting preventable birth injuries.

Many advocates also believe that midwives might play an important role in getting the overall C-section rate down. Of course midwives play a growing role in natural childbirth. C-section rates among midwives are consistently lower than others. However, clients of midwives are highly motivated for natural birth, which likely skews the results. In general, midwives have C-section rates closer to 15% (as opposed to national rates which are nearing 40%). The World Health Organization actually recommends that the rate be around 15%. Of course, from a legal perspective midwives are held to the same standard of care of reasonableness which medical professionals are held. Deviation from that standard of care—if injury results—is often the basis for legal recovery. Having access to the legal system in all of these situations is critical, because the lifetime of costs from preventable birth injuries is often significant. When mistakes are made which leads to the harm, it is only logical for the one who caused the harm to play in role in ensuring the victim has access to the resources needed to recovery as much as possible.

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Dramatic Rise in Cesarean Births
Report Finds Recent Rise in C-Section Births

Distorted views about Chicago medical malpractice lawsuits (and all tort injuries generally) have been traced to media accounts which promote only the cases where the plaintiff wins a large verdict. As we have discussed, while these cases do occur, they are nowhere near the norm. However, because they are the only cases that make any headlines, many community members get the mistaken assumption that plaintiffs always win and that verdicts are always particularly large.

Neither is true

For one thing, the average jury verdict is much smaller than the massive multi-million dollar decisions that often causes outrage. Some cases reach that amount, depending on the specific facts of the situation, but many do not. In addition, plaintiffs do not always win trials. After all, in any case plaintiffs have a higher burden of proof. Therefore if a jury member hears the evidence and is genuinely split 50-50 as to whether the defendant acted negligently, then they are obligated to find no liability. Contrary to what tort reformers would have you believe, trials often result in a verdict for the defendant—it simply depends on the specific of a case and the available evidence.

For example, the TC Palm News reported last week on a birth injury lawsuit that had been filed by a mother on behalf of her son. The suit alleged that the hospital which provided her care during her birth was negligent, leading to a birth injury which caused her son’s permanent disabilities. The family was seeking recover for the three-year old son, who will need close, lifelong care, because the family believes that the doctor did not adequately monitor the mother before she delivered the child via C-section. Tissues in the mother’s reproductive organs tore before the birth, which endangered the life of the child and mother.

In medical malpractice cases (and all tort cases), forseeability is an important concept in determining whether or not a professional was actually negligent. If a certain outcome was simply not forseeable, then the involved actions are unlikely to be deemed negligent. The main issue in the case was whether the tear in the mother’s tissue was foreseeable. As is often the case in these cases, experts testified explaining both sides of the situation. Both sides were then able to question the other side’s expert so that jury members could see if there were any inconsistencies or weakness in the information provided. From there they were able to ultimately decide whose version they found more credible. In this particular case the jury ruled that the tear in the tissue was unforeseeable, or at least that unforeseeable beyond a preponderance of the evidence. Either assessment required no liability finding.

When it comes to trial practice, having an experienced attorney can make all the difference. The evidence cannot be changed, but it is still very important that the available evidence is presented to a jury in the most appropriate and clear manner. Failure in this regard often means that cases are lost which otherwise should have provided justice for a victimized family. If you are going through the process of deciding upon an attorney to take your case, be sure to examine the legal team’s past records and experience levels to ensure that you will be putting your best foot forward from the start.

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$144 Million Birth Injury Verdict & Talking Points Against Tort Reform

Chicago Birth Injury Lawsuit Ends in $7.5 Million Settlement

Over the past few weeks our Chicago birth injury lawyers have frequently discussed the concerns raised by medical experts and other advocates regarding the rise in early elective deliveries and C-section births. This week the Wall Street Journal’s “Health Blog” also touched on the topic. The WSJ post explored a bit of good news, noting that there has been some progress in the quest to slow down the seemingly non-stop increase in elective deliveries.

The slight reduction in these births, experts claim, can be attributed to an awareness campaign that is working to share information about the risks of alternatives to natural birth. The goal is that all expectant mothers will learn about the value that a few extra weeks of gestation has on the health of a newborn. Sometime a child needs to be born before 39 weeks gestation for medical reasons. However, when there is no clear medical necessity, electing to birth the child early usually has more risks than potential benefits. The health consequences are the most important, but financial issues are also at play. Early elective births are more expensive than other options, and with no need for the early election it is difficult to justify the expense.

A new report from The Leapfrog Group suggests that early induced labor and C-section rates are dropping—but only very slowly. However, even avoiding an increase in these rates should likely be viewed as a positive step. According to the report, which examined data from over 750 hospitals nationwide, 39% of hospitals met their target reduction plan in early births. The target was to reduce early elective deliveries to 5% of total deliveries. The fact that roughly 4 out of 10 participating hospitals were able to do that is encouraging. That is especially true because the average rate from the year before was 30% of all birth. Even those that didn’t’ quite meet the target saw some improvement with 65% of all hospitals showing decreases in 2011 from 2010. It remains unclear whether there was anything about the participating hospitals that are different from hospitals nationwide.

In the past many OBs have made the mistake of sacrificing child development in the 37th to 39th weeks of pregnancy in exchange for having more control over the delivery time. In the end, this is a mistake that may lead to increases in overall birth injury rates. It is also a mistake for doctors to pressure woman into having an induction. As the executive director of Childbirth Connection explained, there is “no reliable national data [showing] that woman’s demands [are] driving” the increase in induction rates.

Our birth injury lawyers understand that at the end of the day the absolute best delivers are those that occur naturally without early election or surgery. Medical technology advances which allow alternatives are fantastic for those mothers who for various reasons may have too many risks with natural birth. However, the benefits of these techniques for some does not mean that they are worthwhile for all. In fact, just the opposite is often true. C-sections and early elections can increase risks of either the child or mother suffering a birth injury. All local families are advised to be fully aware of this when working with their doctor to chart the best course of conduct for their pregnancy and delivery.

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Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

It seems that every day bring new information about birth injuries—preventing them, treating them, and everything in between. For example, just this week the Yale Daily News discussed a new effort at the university which uncovered more information about how and when neural circuits between the brain and the eyes are created in a developing child.

Specifically, as reported in last month’s Nature Neuroscience, a research team has found that activity inside the womb actually affects the development of the neural wiring between the eyes of brain of the fetus. Essentially, using newborn mice, scientists discovered that even the closed eyes of an unborn can produce message which are then sent to the brain to help ensure that the wiring system between the eyes and brain develop properly.

This is big news, because while this sort of early development was previously speculated, it is the first time that researchers had been able to actually manipulate the temporal patterns of eyes in vivo and analyzed the brain wiring effect. Previously medical professionals assumed that the child was born, exposed to the environment, and then that exposure influenced the neural activity in the brain. But now we know that it occurs earlier. Scientists believe this may ultimately prove to have implications for preventing problems like autism, which may be caused by “miswiring” in the brain.

In addition, the development process is thought to be similar for other parts of neural circuit, including the spinal cord. What this means is that activity within the womb actually affects more parts of the child’ brain development than previously thought.

Our Chicago birth injury attorney follows all of these developments in research because down the road they may influence birth injury lawsuits in a variety of ways. Here are two…

1) The more we know about how injuries develop and what can be done to prevent them, the standard of what constitutes “reasonable” behavior by medical professionals changes. Most birth injury lawsuits are essentially medical malpractice lawsuits where negligence is alleged. The victims are seeking redress because a medical professional who owed them a reasonable duty of care breached that duty and caused harm. When trying to prove what constitutes a “reasonable” care, lawyers are forced to show what other doctors would have done in the same situation based on commonly understood medical knowledge and practices. Those practice and that knowledge changes as new advance in medicine are made. Consequently the arguments about whether a breach did or did not occur are also altered.

2) In addition, besides allowing medical professionals to prevent injuries in more situations, advances in medicine also lead to better treatment options for victims. In this way the research may play a role in what damages are asked for and awarded following one of these cases. How much a victim receives in a case is influenced, in part, by the costs associated with their long term care and the permanent harm that the injury has caused them. Both of those things can be affected by improved treatments options for victims. Injuries that were previously permanent may no longer be permanent. Also, families may also want resources so that they can pursue treatment option that were previously unavailable.

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News 4 Jax published a story this week reminding its readers about how medical malpractice can lead to birth injuries. As our Chicago birth injury attorneys consistently explain on this blog, preventable birth injuries are in many ways simply a subset of medical malpractice. When medical caregivers do not provide an adequate level of care to expectant mothers during pregnancy and labor, then the families are entitled to recover for their losses following the mistreatment.

Some community members are not aware that many of the injuries that affect children from birth are not actually caused by developmental problems that arise early in a pregnancy. There is sometimes a mistaken assumption that birth injuries always include those things which are terribly sad but ultimately beyond our current medical knowledge to prevent. While some defects and injuries do indeed arise in natural ways, it is certainly not true that all such injuries arise in this way. For many families, their lives are turned upside down by a lifelong injury to their new child that occurs at the moment of delivery. This realization is always troubling, because it means that a child had developed normally for nine months only to have a problem arise at the very moment that they were set to enter the world.

As the news story begins, “when something goes wrong during delivery, it can become the beginning of a nightmare that no parent or child should have to experience.” According to the report six out of every thousands births in this country result in some form of birth injury. The definition of “injury” in this case is a wide one, encompassing anything from scratches and bruises to severe harm like nerve destruction and permanent brain damage. A quick list of some other common birth injuries include:

Fractured bones
The most common broken bone in an infant is the collar bone. Fortunately, the damage often heals once the baby is immobilized. It can arise when excess force is applied during a delivery

Erb’s palsy
This is a form of nerve damage in a newborn. Specifically, erbs palsy develops when the nerves that control a child’s hands and arm movements are damaged in delivery. The most common cause is when a new child’s shoulder is caught on some something while traveling through the birth canal. This hinders delivery and may have severe consequences throughout the child’s life.

Cerebral palsy
Cerebral palsy is actually a catch-all term that include all sorts of brain damage that can affect a newborn as a result of a lack of oxygen during their birth. When fetal distress occurs and caregivers fail to take timely action to relieve the distress (such as by performing of a C-section birth), then the child may be deprived oxygen and develop these problems.

Facial paralysis
Excess pressure on the child’s face during the delivery, often via the use of forceps, can lead to facial paralysis. This is usually caused by damaged nerves and often requires surgery to repair.

Our Chicago birth injury lawyers remind all local families that they have legal rights if they suspect their child developed a birth injury as a result of preventable malpractice. Visiting with a professional in this area is an important step in learning what exactly those rights are and what rules apply in your case.

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Class-action lawsuits are not uncommon in the birth injury context. When our Chicago injury lawyer refers to birth injuries we include a wide range of harms that befall the youngest members of our society (and their mothers). Most of our involvement in these cases stems from medical providers who fail to respond properly to traumatic births. However many birth injury lawsuits involved wildly different circumstances, including those that have nothing to do with a hospital or medical teams. Negligence law is flexible in that any party may potentially be liable for harm that they cause to others, including unborn children.

Many of the cases not involving problems during a delivery are class-action lawsuits. Class action suits are those filed on behalf of a class of people—not just one person. They allege that the actions of the defendant hurt all of those in the class in substantially similar ways. Class action lawsuits are efficiency tools that allow mass wrongs to be handled in a streamlined way. When birth injuries are involved, the lawsuits generally refer to instances of a defendant who engages in certain conduct that increases the risk of harm to unborn children.

Most class action birth injury lawsuits involve one of two issues: unsafe medication or environmental pollution. Many drug companies have been sued after evidence was uncovered that use by pregnant women led to certain problems which the company knew about, should have known about, or should have properly warned about. Environmental class action lawsuits also can have birth injury components, because when young children or pregnant women are exposed to the unsafe pollutants, significant harm can result.

Environmental News actually reported this week on a new pollution-related class action lawsuit filed on behalf of 1.2 million residents living near Southern California freeways. Part of the harm alleged in the complaint which initiated the suit was the effect on unborn children in the area. The plaintiffs noted that children were more likely to be born with low birth weight and suffering from asthma as a result of the pollution in the area.

The lawsuit was filed by Physicians for Social Responsibility-Los Angeles, the Natural Resources Defense Council, and Communities for a Better Environment. At the heart of the matter are allegations that the Environmental Protection Agency failed to even conduct basic monitoring operations to determine that amount of pollution coming from L.A.’s heavily trafficked roadways. The suit was filed on behalf of all those who lived within 300 yards of a freeway in the area. According to the suit, the EPA violated federal law by allowing the local air quality management district to ignore high pollution levels. Local residents have suffered as a result.

Our Chicago birth injury lawyers are proud to represent victims of all forms of harm caused by the inappropriate actions of others. If you or a loved one has been hurt because a doctor or other third party did something that caused birth complications, then consider visiting a legal professional to learn about your options. It is important that the young victims in these situations have access to the resources they need to recover from their injuries as much as possible.

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Birth Injury Lawsuit Against Midwife Settles for $730,000

Medical Malpractice Lawsuit Filed After Pregnancy Complications Leads to Deadly Blood Infection

Most Illinois birth injury lawsuits are filed against doctors, nurses, and medical facilities that make errors during traumatic births in a hospital. However, not all women give birth in traditional hospital settings. A growing minority of families decide to forgo the modern approach and have natural births performed via the use of a midwife. While some legal issues may be somewhat different depending on the agreements made between the patient and midwife, a birth injury lawsuit may still be appropriate when things go wrong following one of these natural births. Obviously the risks are just as potent when a birth takes places in one of these birth centers where midwifes aid in the delivery. In fact, certain risks are often increased because of the decision to forgo more modern medical techniques.

Recognizing the risks of these natural births, state regulators often set up clear rules that must be followed by birth centers—locations where midwives help mothers in low-risk pregnancies give birth. Our Illinois birth injury lawyers know that there is often strong disagreement about the level of regulation that should be placed on these locations. There is a balancing act that must be performed between protecting mothers and not being too restrictive such that operating the centers becomes impossible.

The Argus Leader reported last week on efforts in one state to allow birth centers and out of hospitals births for the first time. These centers are growing in popularity nationwide. There has been a 30% increase in the total birth centers created in the last decade and a half, now totaling nearly 180. According to the story, the state’s legislative committee recently ordered the department of health to rework rules so that they were less restrictive. Midwifery proponents were heralding the move as a positive step in allowing more women to have out-of-hospital births if they so chose.

When the initial regulations were proposed by the state health department, industry insiders reported dissatisfaction. There were complaints that the rules were overly restrictive such that it would have been prohibitive for a midwife to actually go out and start a birthing center. For example, the regulations required that these centers post if they had medical liability insurance, prohibit outside food being brought in for mothers, and enacted complex requirement to define what constituted a “low risk” pregnancy.

Our Illinois birth injury lawyers were surprised to learn that the requirement of publically posting information about medical malpractice liability insurance was the most contentious issue. Those opposed to the requirement claimed that the posting would be a red target on the backs of the centers encouraging former clients to sue them. Of course, this ignores the fact that consumers have a clear interest in being made aware of the possessions or lack of possession of medical liability insurance. Considering that risks may be increased in these centers, it is logical for patients to consider the insurance when deciding where to give birth. Part of the problem is that other medical facilities do not have the same requirement, and so some midwife advocates have suggested that the requirement is an underhanded tactic to make it increasingly hard to open a birthing center.

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Birth Injury Lawsuit Against Midwife Settles for $730,000

The Salisbury Post wrote last week on a new task force report which found that child death rates continued to decline last year, reaching the lowest level on record. Of course this is encouraging news that signals important advances in a wide range of child safety efforts. However, there is clearly still more work to be done, because children still die (and are severely hurt) in a wide range of ways from birth injuries to car crashes and home accidents.

According to the story gathered by the state’s Center for Health Statistics and the Child Fatality Prevention Team Research Staff, the current death rates of children from birth through 17 years old is 58 per 100,000. A year ago that number was 67 per 100,000 children. The decline was found in a range of individual areas from increased car safety measures, decreased suicide, and lower infant mortality rates. The significance of the achievement should not be underestimated, as hundreds of thousands of more children are alive today than would otherwise be the case if rates had not declined over the last several decades. Experts point to a range of public policy changes and strategic investments which prioritized child safety. Those changes include ensuring better automobile safety and preserving the accountability incentives of a birth injury lawsuit to ensure proper medical care is maximized in the crucial moments following an infant’s birth.

Of particular important to our Chicago birth injury lawyers, the latest data reported a large decline in the infant mortality rates. The drop off was seen almost exclusively in the African American community. However, almost half of all child deaths are still caused by birth defects and other birth-related conditions. These include defects that arise early on in a child’s development and that are beyond our current medical knowledge to prevent or cure. However, an unknown total of those deaths are attributable to problems during the birth itself that could have been prevented. Most often, these preventable birth injury deaths are caused by unexpected complications that occur during the birth with medical professionals failing to respond appropriately. Differentiating between birth injury deaths that could have been prevented if proper care were provided versus those that were completely accidental is sometimes difficult. The civil justice system is intended as the ideal system by which those differences can be debated and a resolution reached. In other words, the American justice system puts its faith in the trial by jury approach to these affairs, where truth comes out when both sides are allowed to present evidence openly and fairly in a structured format with impartial jurors reaching an ultimate consensus.

Outside of birth injury deaths, the most common cause of accidental death was in car accidents. Even in car accidents, children under the age of one constituted the single largest group. Nearly two thirds of all child car accident deaths were among that group. Suicides declined considerably from an abnormally high level in 2009. Other types of deaths seemed to remain constant. A few expected trends existed, such as the fact that urban children were more likely to die in fires, while rural children more often fell victim to accidental drowning.

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The latest results of Lexis Nexis’s Top 25 Tort Blogs of 2011 were recently announced. Our entire team was honored to learn that two of our blogs—Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog were included in the list as one of the top 25 tort blogs in the country. The selection was made thanks to nominations from readers. All of us at Levin & Perconti were proud of the honor, as we work hard to ensure that our blogs provide timely, informative, and helpful information to our legal colleague and the entire community.

However, the contest is still not over. There is still one more round left, and we need your support.

The contest is continuing for the next four days to narrow down the current list of 25 to THE top tort blog of the year. Unlike the nomination round, this time they are not taking votes by comments. Instead, an actual online poll has been created where you can select one winner out of the final list. You may have to “log in” to vote, BUT you are able to do that using your Facebook, Google, LinkedIn, or Twitter account.

The voting ends at Midnight Eastern Time on Friday, December 9th. Please take a second to click this link, and Vote for the Illinois Injury Blog or Illinois Medical Malpractice Blog.

Thanks so much for your continued support.

The News-Gazette reported recently on the end of a Chicago birth injury case which had been filed by the guardians of a girl who, it was claimed, developed cerebral palsy as a result of problematic care during her birth. According to court filings, the young girl was born in 2002 at the Christ Medical Center. She underwent a traumatic birth, and ultimately was born with significant injuries.

In this Illinois birth injury lawsuit—just like many others—the young girl developed signs of fetal distress during the birthing process. Caregivers monitor certain aspects of the fetus’s health during the birth so that they can be aware if anything is wrong—such as lack of oxygen to the brain or a stopped heartbeat. Then, the medical professionals are able to respond quickly with emergency measures if necessary to prevent the problem from continuing and causing long-term injuries to the child. Those emergency procedures may include use of special equipment or calling for a C-section birth.

This suit claimed that caregivers did not act fast enough when they were made aware of signs of fetal distress. In many more cases than not a caregiver will do whatever is necessary to quickly and properly do everything to account for the fetal distress. However, there are certain cases where medical providers fail to act properly. In those cases, the consequence to the child with prolonged oxygen deprivation or lack of blood flow to the brain can be severe. That is what seemingly happened in this case.

The girl here was deprived of oxygen for a considerable length of time. That oxygen deprivation had long-term consequences for the girl who otherwise would have been born without major health problems. Doctors soon discovered that the oxygen deprivation led to severe and permanent brain damage. By the time she was a year old she was officially diagnosed with cerebral palsy. These birth injuries can be particularly severe, and the victim in this case will require close, around-the-clock care for the rest of her life. Her family reports that they are working hard on her mental development, but they understand that she will face unique challenges throughout her life. Her physical limitations are similarly severe.

A few years after the girl’s birth, her grandparents became official guardians of the child. They then sought legal advice and proceeded with this birth injury lawsuit. After the case proceeded and evidence was collected, the hospital involved decided that working out a settlement was likely in the best interests of both parties. Recently a $7.5 million agreement was reached, and it is now waiting on judicial approval. The doctors involved in the situation that were also named in the suit were not part of that settlement.

The award will hopefully allow the family to have the peace of mind of knowing that their loved one will have access to the resources necessary now and in the future. Many parents, and in this case grandparents, are understandably worried about what will happen to their child’s care once they are no longer around. When wrongdoers are required to pay for the consequences of these actions, those families are comforted with the knowledge that the children in question will be taken care of for their entire lives, even considering the substantial aid that they will need for decades to come.

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Family Awarded $4.5 Million Following Birth Injury Lawsuit

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Last week Medical News reported on new research conducted by birth injury researchers that shed further light on how brain injuries develop in young infants. As our Chicago birth injury lawyers have frequently described on this blog, there remains a lot of mystery around certain parts of the child development process. That lack of understanding at times makes it difficult for medical providers to prevent certain defects from arising. The more information that is obtained about the development process—and the injury risks—the better off all community members will be.

This latest research was conducted by Swedish researchers at the University of Gothenburg and examined mechanisms related to brain injuries in infants. Roughly two out of every one thousand births result in a brain injury to the young child. The research is being heralded as an important step that identifies the mechanisms involved in infant brain injuries which ultimately may lead to better treatment for the young victims. Blood infections and reduced blood and oxygen supplies are a common cause of the harm, as they can lead to brain inflammation. Premature infants are particularly prone to the harm, which can ultimately result in a wide range of problems, from cerebral palsy and epilepsy to learning difficulties.

The latest development suggests that “toll-like receptors” (TLRs) in the young brain in the innate immune system play a crucial role in brain development. TLRs are a class of proteins which are single, non-catalytic receptors that recognize certain molecules derived from microbes. TLRs are a growing research area, with pioneers in the area recently winning a Nobel Prize in Physiology. They have previously been found to be involved in stroke-related brain adult brain damage. This latest research expands on the knowledge and has found that TLRs are also crucial in immature brains.

In this latest research into infant brain injuries, the researchers used mice to simulate newborn brain injuries. We have previously posted on the use of mice in different context as a stand-in when studying infant injuries. Researchers in this case, found that TLRs are crucial to the damage that results from hypoxia—or lack of oxygen to the brain. The lead researcher explained that “an infection can activate these receptors, making the brain more sensitive to hypoxia, resulting in worse brain damage.” Therefore, it would seem that blocking these signals would go a long way to reducing the brain damage. Currently, medical professionals can do little to stop the harm the results from this oxygen deprivation. Hopefully further research in this area will change all of that. That is why it is so crucial for medical professionals not to allow the oxygen deprivation to occur in the first place.

The research which identified the role that TLRs play in infant brain injuries also included examination of the role of a protein known as occludin. The protein plays a role in the ‘gluing’ of cells together in the blood-brain barrier. The researchers found that following a brain infection there is a reduction in occludin levels. Therefore, the blood brain barrier is weaker, potentially resulting in an opening in the barrier. That opening may make it easier for inflammatory molecules to enter the brain and cause dangerous inflammation.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

As we discussed yesterday, advocates on all sides of the issue have recently expressed concerns about the rate of Cesarean section births nationwide. On one hand, in certain emergency situations, a C-section may be necessary to prevent a birth injury. Our Illinois birth injury attorneys have worked on many cases where medical professionals did not adequately respond to birth problems, usually resulting in oxygen deprivation and permanent problems for the child. In many of those cases the failure to perform a C-section was an important factor in the case.

Yet, the fact that C-sections are needed in certain situations does not equate to C-section birth being necessary (or advisable) in all births. Many observers remain concerned, therefore, that the percentage of C-section birth continues to rise. An article in yesterday’s “The Stir” made the point that these births may soon account for over 50% of all births—a state that almost everyone agrees is far too high. Twelve years ago many medical professionals set the goal of getting the C-section rate down to 15 percent. Instead, the trend has gone the opposite direction. As one observer noted, “it doesn’t take an anthropologist to know that something is wrong here—our birth do not have that many complications to make that high number necessary.”

Of course, as is the trend in some circles, some point the finger at medical malpractice lawyers and claim that fear of lawsuits leads to poor medical action. We strongly believe that there is a clear difference between performing a C-section to save a child’s life and having nearly1 in 2 mothers go through an intrusive surgical procedure for fear of lawsuits. It is unfair and illogical to blame the previous victims of medical malpractice for the misconduct of doctors today. Instead, as was noted in the article, many other factors should be considered. For example, many hospitals have blanket bans on vaginal births after C-sections (VBACs). Also, some are concerned that doctors and hospitals are paid more for C-section births than vaginal births which may skew the decisions.

Additionally, a growing chorus of observers blame that the fact that breech births are not even taught in medical school any longer. Obstetrics and Gynecology medical schools never learn how to perform a breech vaginal birth, even though in many cases they may be safer than C-sections births. In fact, some OB students admit that throughout their entire training they never once saw an actual intervention-free birth.
In any event, virtually everyone agrees that the risks of C-section surgery should not be underestimated. The procedure is a seriously invasive operation that should not be taken for granted. All mothers need to be made aware of the clear risks of the procedure, and told about options beyond C-sections, particularly when the procedure is not needed. There are many instances of possible healthy births that snowball into a myriad of problems because of surgical complications. If the procedure isn’t necessary, it shouldn’t be performed. At the end of the day, whatever is less risky for the mother and child should always predominate.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

World’s Largest Study Underway on the Fear of Childbirth

Mothers and Children at Risk in Early Cesarean Sections

In most individual cases, the civil justice system can only react to problems that come up, and it rarely is used to prevent specific harms. Our Chicago birth defect lawyers work with clients who have already suffered harm and are simply using the legal system to hold wrongdoers accountable and seek redress so that their child will have access to the resources they need to live as well as possible in spite of their situation. Of course, an underlying theme in these cases is also a hope that the accountability will encourage others in the same situation to ensure that proper care is provided at all times to prevent the problem.

At the end of the day, all families whose new child suffered a birth defect because of medical negligence would give back their entire legal award if only they were able to go back in time and prevent the harm. Prevention forever remains the main goal of birth injury advocacy efforts. That is why our Chicago injury lawyers closely follow medical development related to testing and other prevention issues which can identify problems well before they arise.

For example, the USA Today reported this week that a team of scientists has recently conducted research for the first time which used a noninvasive blood test to screen for a rare fetal abnormality. Specifically, the researchers were looking for a chromosomal irregularity called “fetal microdeletion syndrome.” The researchers from the University of Pittsburgh Medical Center claim that they were able to detect the irregularity in the unborn child via a DNA analysis on a blood sample from the prospective mother.

This is an important step, because currently mothers who suspect that their child may have the irregularity are forced to undergo a much more invasive diagnostic technique, like amniocentesis. Besides being much less desirable for comfort reasons for the mother, these more invasive tests also present a risk to the health of the fetus. Therefore, this potential new option has multiple benefits. One involved researcher summarized the development by noting that “the most compelling point is that we have been able to illustrate a proof of concept. We have shown that you can identify these sorts of abnormalities without having to collect a physical sample from the baby or the placenta.”

Researchers continue to work on similar studies in relation to other developmental birth defects. For example, maternal blood tests are also being developed to identify potential fetal abnormalities like Down’s syndrome and spina bifida. All told, according to the March of Dimes, roughly one out of every one hundred and fifty children are born with some chromosomal abnormality. They can develop during sperm or egg growth and both before and after conception. In many cases these problems result in significant mental and physical defects for the child. Right now the invasive amniocentesis is the only way to test for these situations. Yet if the blood test is proven as accurate, then it will undoubtedly become much more common as it is noninvasive, cheaper, and less risky.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

According to a new story from Focus News, observers are again issuing warnings to women everywhere about the dangerous effect that certain medications may have on the development of their children. As our Chicago birth injury attorneys have frequently shared, antidepressants have been the particular focus of many who have concerns about the effect that the drugs might have when taken by pregnant women. Specifically, studies have already shown that the problem may lead to heart defects in babies, and now some are speculating that the drugs may also increase the risk of children suffering from autism.

Historically, a string of birth injuries have long been linked to the taking of certain medications during pregnancy. Many heart and lung problems are caused by prescription drugs that enter the mother’s bloodstream and affect the child. However, new evidence continues to come out suggesting drugs that are still used by pregnant woman today may actually pose dangerously high risks of causing complications. Antidepressants are the latest targets.

Since 2005 studies have shown that use of certain antidepressants during childbirth leads to birthing problems. For one thing, heart problems are more prevalent in children born to mothers who have taken selective serotonin reuptake inhibitors (SSRIs). These include popular drugs like Zoloft and Paxil. The U.S. Food and Drug Administration (FDA) actually issued a Public Health Advisory on that very topic more than six years ago. The warning was made following the publication of a variety of studies which found that a mother’s exposure to these drugs, particularly in the first and third trimesters, may lead to atrial and ventricular septal heart defects. These are developmental problems caused by problems with the development of the heart wall.

It wasn’t long after the SSRI advisory was issued discussing heart problems that another warning was made pertaining to antidepressant drug use. This time researchers had found that the drug use led to significant increase in a child developing a condition known as persistent pulmonary hypertension. Only this summer even more troubling research was published. An Archives of General Psychiatry article found a link between SSRI use and the development of autism spectrum disorder. Specifically, the researchers found that the autism risk doubled when the mother had taken antidepressant in the previous twelve months.

Whenever a child is born with abnormalities or ailments, parents begin wondering what caused their child’s problems. Our Chicago injury attorneys at Levin & Perconti know that in many cases, when the root causes of the problems are properly investigated, the misconduct of others is at least a partial cause. Occasionally it is caused by a medical team that improperly responded to an emergency birth or fails to notice signs of fetal distress. At other times the problem could be rooted in actions in the pregnancy itself, such as a mother being given drugs that involved parties (the drugs companies or doctors) should have know presented dangerous risks. If you suspect that a root cause of your own child’s problems is related to others’ misconduct, give our Chicago birth injury lawyer to learn how we can help.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

Taking Diflucan During Pregnancy Linked to Birth Injuries

Doctors Must Pay Close Attention to Medication Given to Expectant Mothers

Our Illinois birth injury lawyers know that beyond harm to children from inadequate medical care, the mothers involved can often suffer serious injury. Trouble in childbirth or during pregnancy can have long-lasting effects on the life of the mother. For example, after certain problems arise, a mother maybe advised that she should have a hysterectomy. The surgical procedure involves the removal of a woman’s uterus. This is the location where a baby grows when a woman is pregnant. Therefore, after a hysterectomy a woman is no longer capable of having children.

It goes without saying that these procedures have serious implications for the woman involved—as well as their entire family. All patients who are advised that they need these procedures should have the comfort of knowing that the procedure is the only option available to prevent certain permanent complications. Taking away a woman’s ability to have future children is a very real loss and should only be undertaken in the most serious of circumstances. Yet, as reported in The Expert Review, many observers have raised serious concerns about a rash of unnecessary hysterectomies. In fact of the nearly 600,000 hysterectomies that are performed every year, some speculate that as many as 200,000 of them may not be needed.

What most patients do not know is that these procedures are quite profitable for the involved professionals. The Hysterectomy Educational Resources and Services (HERS) Foundation reports that doctors and drug companies make more than $17 billion every year from these surgical procedures. HERS explains that a staggering 98% of the women who contact their office eventually learn after consultation with a board certified gynecologist that the procedure is not necessary in their case. Of course, besides loosing the ability to have children, these operations also have other complications which should be avoided if possible. For one thing, a long, often painful recovery from major abdominal surgery is never a welcome prospect. Other symptoms include personality changes, short-term memory loss, sexual problems, chest pain, and a slightly increased cardiovascular risk.

It is important to remember that with all medical procedures, consent is needed before medical professionals can proceed. Otherwise, the medical professional is committing battery. Consent not only requires that a patient (or their representative) actually agree but also that they be properly informed of the risks and alternatives before making their decision. Yet, there are concerns that many women do not give informed consent before these procedures are performed—a serious violation of the civil law and medical standards which must never go without redress.

Our Chicago birth injury lawyers continue to urge all patients to take an active role in the care that they receive at medical centers. While hysterectomies may be necessary for the health of the mother, it is important that unnecessary procedures not be performed. If you suspect that you did not need the surgical operation or do not believe that you gave informed consent before agreeing to the operation, please get in touch with our Chicago injury lawyers to share your story and learn how we might be able to help.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

Birth Injury Lawsuit Against Midwife Settles for $730,000

Medical Malpractice Lawsuit Filed After Pregnancy Complications Leads to Deadly Blood Infection

One unique aspect of many birth injury lawsuits is the length of time that often exists between the harm and the ultimate recovery. In a typical Illinois personal injury case, the individual is injured, the one responsible for the harm is known immediately, and a suit progresses to ensure the victim has the proper resources necessary to recover. However, in birth injury cases, the specific cause of the problem is often not known for years—or decades—down the road. This presents legal complexities.

For example, an editorial in the Seattle Personal Inquirer on a new birth defect lawsuit illustrates this problem well. Over the years, it has come out that certain drug manufacturing companies knew of risks that their products presented to unborn children. When expectant mothers or those who were working to get pregnant took these medications, the risk of the child suffering from a birth defect rose considerably. One of the most prominent was thalidomide—a drug widely used in the late 1950s and early 1960s to ease morning sickness of pregnant women. The drug was ultimately discovered to cause serious birth defects; many children died or were deformed as a result of their mother being prescribed the drug.

It was assumed by most that the problem was isolated mostly to Europe, because thalidomide was rarely used in the United States. In fact, for the last fifty years this assumption has held—most assume American children were not affected by the problem. Yet, newly uncovered evidence suggests that assumption may be incorrect. Some experts are now suggesting that there may have been many thalidomide victims in the United States.

A recent birth injury lawsuit has been filed on behalf of a few victims born decades ago after their parents in the U.S. were given the dangerous drug. Those working on the case have uncovered information that shows that the German company which developed the drug, created a distribution agreement for the drug in 1959. The American company which was part of the agreement then began conducting human trials, including trials on pregnant women. They did this while conceding that they had no access to human clinical safety data.

The company eventually expanded their effort to make and sell the drug in the US. They renamed it Kevadon, and began a “Kevadon Hospital Program” to continue using the drug in an ultimate effort to spur wide sales across the country. All told, more than 2.5 million doses of the drug were given to up to 20,000 patients. By late 1961 German doctors began suspecting the drug was causing a rash of defects. Thalidomide was soon pulled from German shelves. However, its maker continued to claim that it was safe, and efforts in the U.S. continued unabated. Many more patients received the drug even after its dangers were clear.

It was only several months later that the trials stopped and the American company scraped efforts to sell the dangerous drug. Later, when the significant number of defects were made wide knowledge, American drug manufacturers tried to reassure residents by claiming that the drug was never sold in the U.S. Of course, this ignored the fact that more than 1.5 million doses had in fact been distributed to 20,000 patients by at least 1,200 different doctors across the country. Many of those prescribed the drugs ultimately had children with defects.

In Other News: Two of our companion blogs--The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog--were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.

Please Follow This Link To Vote: Vote for Our Blog. Thanks for your support!

See Our Related Blog Posts:

The Connection Between Birth Defects and Antidepressants

Paxil Related Birth Injury Claims May Still Be Filed

Most Illinois birth injury cases are rooted in the law of medical negligence. That is because, as one would expect, when a birth injury lawsuit is filed, it is because the victim believes that their child’s harm was caused by medical mistakes. The errors could occur in a variety of ways, from failing to perform a timely C-section to applying too much force when extracting the child. In all cases, however, the failure of the doctor to perform in a way that other reasonable doctors would is at the heart of the suit.

However victims in those exact cases are the ones for whom many “tort reformers” are working to take away basic legal rights. Medical malpractices lawsuits are the main focus of reform efforts, though many of the biggest corporate proponents are also seeking to take away victims’ rights in a variety of other contexts. It is safe to say that many large companies would have little problem completely insulating themselves from the potential ramifications of their own misconduct. For example, Illinois nursing home abuse victims are at risk of losing their ability to hold negligent long-term care facilities accountable, if changes are made at the federal level to enact a bill known as House Resolution 5. The legislation would force all states to enact a wide range of draconian measures that do nothing more than take away the ability of everyday citizens to file suits against large corporations that cause them harm. It is in many ways an immense abuse of power that must be fought against.

The nature of these advocacy efforts are disturbing. Even more disturbing is the hypocrisy underlying many of these arguments made by powerful corporate interests. At the core of this is an attempt by these interests to maximize their bottom line—not a principled effort to enact legal changes. As a new American Association of Justice report reveals, there is an immense level of hypocrisy behind the efforts of many involved in these efforts. Many corporations have no problems using the civil justice system when they think they have been wronged, but they still work to take away the rights of others in the same position. The latest study into that hypocrisy, entitled “Do As I Say, Not As I Sue” takes a close look at the corporate members of a group at the forefront of effort to take away legal rights from community members—The U.S. Chamber of Commerce’s “Institute for Legal Reform” (ILR).

There are ten corporate ILR board members, and virtually all of them use the legal system in big ways when they feel they’ve been wronged. For example, Honeywell International is one of the most prolific corporate plaintiffs—taking many groups to court for a variety of causes each year. Yet, whenever the shoe is on the other foot, they simply blame the system itself and blame their victims for seeking to hold them accountable for their misconduct. After losing a case in Illinois for their dangerous conduct related to asbestos, the company used the opportunity to publically ridicule the state for its judicial practices. Some of the other corporate board members have been just as hypocritical. Caterpillar, for example, used the justice system to sue Disney because it felt that the depiction of bulldozers in a small-time, straight-to-DVD movie was overly villainous, potentially hurting their bulldozer business. And yet they think victims of life-long, debilitating birth defects should not have the right to go to court?

Our Illinois personal injury lawyers remain proud to help victims in our area that have suffered harm because of the carelessness of others. That is why we stand for all those who use the civil justice system, because it is in many ways the only place where all are on equal footing. The nation’s founders understood this, and that is why they enshrined the system without our national framework. If you or a loved one has been harmed because the medical providers failed to provide you with a basic level of care during the birth of your child, please get in touch with an Illinois birth injury lawyer and learn how the justice system can protect your rights.

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It Remains Difficult For Some Victims to Receive Compensation For Their Harm

Respected National Think Tank Criticizes Damage Caps

The Illinois birth injury lawyers at our firm know that autism is one of the most well-known childhood developmental disorders, affecting countless families in our area and throughout the country. As PubMed Health explains, autism affects the development of the brain, particularly areas affecting social and communication skills. According to the latest information released by the Centers for Disease Control and Prevention (CDC), autism is more common than many suspect. Boys are affected upwards of four times more than girls

No specific causes have yet to be proven, however it has been linked to abnormal biology and brain chemistry. Most suspect that a combination of factors is likely at play. On one hand, genetic factors are involved, because identical twins are much more likely than sibling or even fraternal twins to both have autism. However, the research area remains very active and experts continue to work every day on studies that shed more light on what might cause the developmental disorder.

Just this week the Health Jockey reported on the results of a new study published in the journal Proceedings of the National Academy of Sciences, which may ultimately prove to have implications for the way certain drugs are known to influence autism. The new research out of the University of Mississippi Centre and University of California has found that rats which used anti-depressants during certain developmental phases displayed abnormalities similar to human autism sufferers. The specific drugs involved are known as selective serotonin reuptake inhibitors (SSRIs), and some involved believe that consumption of the drugs during conception may contribute to autism.

The analysis in this case involved nearly 200 rats which were exposed to the drugs during specific brain development stages. They were treated for a span of two weeks beginning roughly a week after their birth. Experts explain that this is similar to the third trimester and early infancy in humans. When compared with a control group, the rats treated with SSRIs showed significantly less playfulness, and weaker socialization. Interestingly, the influence of the drug exposure appeared more prominent in male rats than in females, similar to the prevalence found in human autism.

The lead researchers in the study explained that that “this study is a starting point and a lot more research needs to be done.” Those involved next plan to examine SSRIs in human tests. They plan on considering the effects of certain dosages and the time of use to determine if an autism connection can be found.

The Chicago personal injury attorneys at our firm work with individuals who suffer a wide range of harm, from medical malpractice to preventable birth defects. Of course, not all types of injury or developmental problems are caused by things that could have been prevented had others acted more carefully. However, as medical research improves and new information is found about the causes of certain problems, including autism, birth defects, and other issues, than it is important for those in a position to prevent the resultant harm to do so. This includes those helping guide parents through the prenatal care.

If at any time you or a loved one suspects that they have not received the care to which you were entitled which may have prevents injury to you or a new child, please get in touch with our office to learn how we can help.

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The Connection Between Birth Defects and Antidepressants

Birth Injuries – Could There Be a Link to Autism?

Every Illinois birth injury attorney knows that medical patients deserve care that is tailored specifically to their needs at all times. This may seem intuitive, but it is an important principle that is often forgotten and occasionally at the heart of some medical caregiving problems. In the Illinois birth injury context, this means that doctors must not simply “go through the motions” when providing prenatal care, but instead they must ensure that the risks, concerns, and issues that are seen in each patient guide the treatment and care provided. Most medical providers obviously follow this demand at all times, and provide the care needed to guide the patient through to the best outcome possible. However, there remain some doctors who cut corners in the process, failing to take each patient’s specific needs into account, ultimately resulting in harm that could have been prevented.

Of course, the health of an expectant mother can have significant ramifications on the development and birth of their child. This includes both the physical health of the mother, as well as the social and emotional health of the expecting mother. Many medical providers are still working to understand the full scope of these issues. For example, according to a recent CNN report, researchers were puzzled recently to learn that there is a significant increase in natural childbirths on Valentine’s Day and a similar decrease in those births on Halloween. While doctor’s are still unsure what specific processes lead to these statistics, it is currently assumed that in some way the holidays affect the mother’s mental state influences the birth, even though it is not consciously in their control.

Another unique concern that must be taken into account is a growing body of research into the serious phobia that some women have of childbirth. Information on this phobia is still incomplete, but some medical professionals across the world explain that anywhere from five to ten percent of pregnant women need some treatment for their fear of childbirth. As explained this week by Medical News, if untreated, the fear may result in a wide range of birth injuries and harm to both the new child and the mother.

A new study—the largest ever of its kind—is currently underway that is looking into the way that the fear my affect deliveries of children. For example, if a woman’s fear of natural childbirth is so strong, it may be necessary to schedule a planned C-section to prevent possible natural birth complications. However, C-sections are more risky on the whole than vaginal births, and so those C-sections should only be performed when necessary. Better understanding the scope of the birth phobia problem and the actual effects that it has on delivery are essential to understanding exactly how the delivery and prenatal care should be influenced by the fear.

Continue reading "World’s Largest Study Underway on the Fear of Childbirth" »

Our Illinois birth injury lawyers are familiar with a wide range of injuries that can affect new children because of our work helping families working through these situations. However, for the majority of the public their first serious encounter with these injuries arises when they themselves, a friend, or family member has a child who suffers from one of these Illinois birth defects. This is why it is important for all those who have a child who was injured or passed away because of problems at birth to share their story and raise awareness of their particular struggle.

This week Whig News recently shared the story of a woman who is doing just that to raise awareness of the rare birth defect from which her daughter suffers. The mother explained that her young child is lucky to be alive after being born with congenital diaphragmatic hernia. Little is known about the problem, though it is more common than more publicized injuries like spina bifida, muscular dystrophy, and cystic fibrosis. One out of every two thousands children are born with the hernia each year.

Congenital diaphragmatic hernia arises where there is an absence or hole in the child’s diaphragm. It most commonly occurs on the left side of the body and causes the contents of the abdomen—like the stomach, intestines, and liver—to go through the opening and into the victim’s chest. This intrusion prevents proper lung development, resulting in breathing problems upon the child’s birth. There are two type of the hernia. The first, Bochdalek hernia, arises when there is an opening on the back side of the diaphragm causing the stomach intestines, liver, or spleen to move into the chest cavity. The second form is known as Morgagni hernia. It is the rarer of the two and involves a frontal diaphragm opening through which the liver or intestines enters the cavity.

The woman profiled in the story is hoping to raise money to help treat those suffering from this condition. The advocate explained that some families find out about the problem before birth, usually through an ultrasound revealing breathing problems with the child. This mother explained that when her daughter was finally born, emergency action had to be taken nearly at once to save her life. She was airlifted to a bigger hospital during which times her lungs collapsed on at least four occasions. It wasn’t until two weeks later that she showed signs of improvement. The girl in this case was able to go home about two and a half months after her birth. However, many children born with the hernia are forced to live in the hospital for the first year of their lives.

Our Illinois birth defect attorneys applaud the advocacy efforts of these families. It is never easy to turn these tragedies into something positive, but stories of courage like this set a strong example for others working through the situation. We encourage all families whose young child was born with this or other defects to seek out the many resources available for support, encouragement, and aid. There is no need to deal with these situations alone.

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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

Late last week the Charleston Gazette reported on a unique birth defect lawsuit that was filed in the hopes of preventing a mining permit from being issued. A citizen group filed the complaint in the case which seeks to prevent an Alpha Natural Resources mining permit from being issued out of concerns for the effect that the mining efforts will have on the health of nearby residents. At the heart of the suit is new evidence produced by researchers from West Virginia University which found high rates of cancer and birth defects among those living in the mountaintops near where the removal operations are slated to take place.

The organization which initiated the lawsuit, the Ohio Valley Environmental Group, has asked the local federal judge to block the requested permit to prevent the mining and hopefully to prevent medical harm coming to those in the area. Within the suit the environmental team explained that the Army Corps of Engineers failed to properly consider the overall impact that the mine would have on water quality in the area. In addition, the legal team is arguing that those involved with the efforts did not allow public input on the measure which was required by law. All of this was argued in addition to the growing body of scientific evidence which suggest strong public health consequences for the effort.

The United States Environmental Protection Agency had previously objected to the permit’s issuance, but they decided against stepping in to stop the latest approval. The environmental group which took up the challenge explained that conductivity and selenium water pollution would hurt the nearby population. This type of pollution has been shown to increase the instances of birth defects. When expectant mothers consume unnatural levels of these chemicals in nearby water, their developing children are affected. As with all medical harm, it is much preferable to take steps to prevent the problems from occurring in the first place. This includes keeping waters safe, instead of merely treating the illnesses that arise as a consequence of the pollution. The WVU School of Medicine recently found that that birth defect were more common than normal among Appalachian residents living near these removal operations.

Continue reading "Birth Defects Lawsuit Filed to Stop Mining Permit" »

Birth injuries are frequently discussed in the aggregate, with statistics referenced in order to explain the scope of the problem. It is important to spread awareness of the total number of local community members who are affected by problems during childbirth. However, our Illinois birth accident attorneys also know that in the end, these are individual struggles. At the end of the day it is individual families that are forced to work through the consequences of these accidents, consequences that often last a lifetime. That is why it is important from time to time to discuss the specific struggles faced by individual children whose lives are forever changed because of things that occurred during their birth. Compass Cayman recently produced a story that shared information on what one four-year old boy has gone through in his short time here after suffering a birth injury.

The young boy’s trouble became apparent only when he began failing hearing tests as an infant. After reviewing the tests doctor concluded that he must have suffered a stroke while in the womb. The stroke apparently affected the child’s brain function. However, there are lingering suspicions that oxygen deprivation that the child experienced right after his birth may also have caused his developmental delays. It was only later that the child was specifically diagnosed with cerebral palsy. Cerebral palsy is actually a term that refers to a range of problems that involve brain and nervous system functions. Those suffering from cerebral palsy face a myriad of problems affecting thinking, hearing, vision, movement, and most other basic human actions.

The child in this case has difficulty seeing and hearing. In addition, any muscular movement is extremely hard for him. Even tasks as simple as chewing are a struggle, though his parents hope that one day he will be able to swallow easier. The boy cannot walk or even crawl, but he has learned to roll to get around. The child also suffers from chronic acid reflux disease, causing him pain when he is placed in certain positions. His inability to chew and trouble swallowing means that he had to have feeding tube inserted into his stomach—he could not take in enough food to survive otherwise. On top of all of that, the boy has full body seizures. The seizures in part caused him to develop sleep problems, and he can now only sleep a maximum of four hours at a time.

Tragically, our Chicago birth injury attorneys know that this young child’s situation is not unique. Many local families who have experienced an Illinois birth injury have children with cerebral palsy. Many of those youngsters have the same set of problems. Obviously, the care required to support these victims is costly. When the problems are caused by misconduct that should have been prevented, it is entirely reasonable and logical for the one who committed the error to provide recourse to help these families provide care for their disabled children. If your family has a member who suffered a birth injury and you suspect poor medical care contributed to the injury, please contact our office and see how we can help.

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Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

The loss of a family member from a childbirth brain injury is a particularly painful tragedy. Far too many families in our area have been forced to deal with these very incidents over the years. The Illinois birth injury lawyers at our firm have worked closely with many of those families, and we understand the scope of the problem. There are few good things that come out of these losses, but some families are able to take the tragedy and make something worthwhile out of it.

For example, Lower Hudson News recently shared the story of one family who worked to make the best of the situation after losing their young child to a birth injury. Eleven years ago the family was thrust into an unexpected situation when their young child was born with a severe brain injury. The problem was caused by oxygen deprivation during his birth which caused permanent brain damage. The injury presented a wide range of problems for their new addition, and he was battling for survival from the beginning. Unfortunately, their son’s struggle eventually ended when he passed away when he was eight months old. Obviously it was a dramatic loss for all those who loved the young child.

However, this family decided to turn the tragedy into a situation that helps others. The young child’s parents eventually created a foundation to honor their son’s memory. Over the years the foundation has grown and has provided more than $500,000 to various charities in the region that help young children who have suffered injury during birth. As this family knows well, children who face these injuries often require tens of thousands (often hundreds of thousands) of dollars in care. When the care is required throughout their entire lives the total costs could actually reach into the millions. To help those in need, this family is using money raised by its foundation to provide support to these families including a therapeutic gym for infants, and special equipment to help those with communication and mobility problems. On top of providing funds for those in need, the foundation also seeks to educate families about the risks present in childbirth. For example, they seek to provide information to mothers about the risks of vaginal birth following a cesarean section.

Continue reading "Family Foundation Raises Awareness of Childbirth Brain Injuries" »

Illinois birth injuries are devastating for the families involved. The birth of a new addition to a family is supposed to be a blessed day, and everyone always hopes that their infant will be born without any problems for the baby or the mother. Unfortunately, our Illinois birth defect lawyers know that many families have their lives forever changed when complications develop during childbirth. These injuries are sometimes unavoidable accidents, while at other times they can be traced back to specific causes which often should have been prevented.

For example, the Seattle PI News reported late last month on a birth injury lawsuit filed by a mother who claims that her son suffered birth defects caused by exposure to solvents used at an facility where she used to work. However, because of restrictions in the state on the rights of victims to present testimony from medical experts, the woman and her son are still fighting to have their day in court. At first courts had ruled that there were limits to what medical experts could be used to prove a case against an insurance company or an employer.

Fortunately, however, last month the state’s highest court reversed those lower court rulings and opened the door for the family to allow their medical experts to be heard at trial. The court ruled that medical testimony should be allowed so long as the methods used to reach those conclusions are scientifically sound. This is a much less exacting standard than the old one which required there to be scientific consensus before such testimony could be heard. The new standard is more logical, in that it allows a jury the opportunity to hear about the disagreement and the facts of a particular case before reaching its decision. Of course, the opposing side is free to present any opposing evidence that they might have. But at least the new standard will not cut off the victim’s right in court simply because there exist more than one scientific opinion on a certain issue.

As a result of this latest decision, the family in this lawsuit will be allowed to have their day in court. However, beyond that it will allow other victims the opportunity to have a similar opportunity to share their story before defense attorneys used the loophole to cut them off before getting a chance to present evidence. As one of the judge’s who supported the unanimous opinion noted, holding otherwise in the case essentially meant that virtually all medical opinions could be argued inadequate beforehand, unfairly limiting the rights of victims to get to the courtroom. The new rule will instead provide judges with more a logical explanation about what level of acceptability a medical opinion must be in before it is allowed to be heard.

The Illinois birth injury lawyers know that there remain many interest groups that work every day to put more roadblocks in the way for all victims who have suffered tremendous harm at the hands of others. Unfortunately, it is often in the financial interest of these large entities—such as insurance companies—to spend resources hoping to take rights away from victims. It is important to fight all of these efforts and ensure that justice and fairness remain. This involves both ensuring legislation is not enacted which limits victims’ rights and pushing for legal rules that respect fairness and common sense.

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Our Illinois birth injury lawyers have worked with enough victims and their families to appreciate the seriousness of brain injuries that strike newborns. These types of injuries can affect people of all ages, not just infants, and they have a variety of causes. However, more often than not when a newborn experiences brain trouble it can frequently be linked back to problems during the birth of the child. We know that Chicago newborn brain injuries are uniquely harmful, because they frequently result in permanent damage that will follow the youngster for life. These injuries often require the child to have significant prolonged medical and physical assistance. The consequences of these injures should obviously lead all involved to do whatever they can to prevent them from arising in the first place. A large part of that task involves ensuring that the most up-to-date and knowledgeable medical understandings are considered at every step of a pregnancy and birth.

Fortunately, medical experts continue to test new waters to better understand why these brain injuries arise and what can be done to prevent them. For example, the Digital Journal recently explained the work of some medical professionals in this area who have the goal of eliminating newborn brain injuries. The new research effort is being touted as one of the first to focus specifically on certain aspects of newborn brain development problems. Of course, we believe that the work is long overdue. Far too many young children are affected by these injuries, and entire families have their lives forever altered because of them. If anything can be done by medical professionals to prevent the problems, they should be done. The latest research shows that about six out of every thousand children are affected by a brain injury. Many of those injuries are permanent and severe.

The researchers discussed in the new story are hoping to lower that figure specifically by learning more about the blood problems associated with the birth of children with these issues. The experts suspect that one potential cause of these injuries relate to blood abnormalities or potential inflammation in the mother during pregnancy and birth. To test their theory, the involved researchers are collecting blood samples of thousands of pregnant woman, looking at the properties of that blood both before and after the birth. It is hoped that the research has long-term benefits for patients across the country. Some have suggested that as more resources are devoted to learning about these newborn injuries, certain birthing practices will need to be phased out. Of course, sometimes it is hard to get a medical consensus on the need to change longstanding practices. But it is vital that new knowledge be incorporated into the routine of doctors across the country, especially when the lives of mothers and new children are at stake.

It is important for all expecting families to demand that their medical professionals provide care that is influenced by new information and developments in the field. Part of the obligation of all professionals—from doctors to lawyers—is a willingness to adapt with the times, stay aware of changes in the field, and ensure that patients (or clients) are given the highest quality service at all times. Just as lawyers cannot stop learning after law school, medical professionals also cannot finish their educational path with medical school. The vast majority of professionals are well aware of this obligation and spend each day helping those who rely on them. In the medical context, those who work to save our lives are truly indispensible members of the community to whom we all owe our gratitude. However, there are always some who fail to grasp their overall duty and others who are generally great professionals but make a mistake that affects the lives of others. In those cases, it is important for the victims to have a system that attempts to make them whole as much as possible. Our Chicago newborn injury lawyers are proud to work within that legal system on behalf of these victims.

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Expectant mothers have a variety of concerns about how to ensure that their developing child is born without birth injuries or defects. There are no easy answers to some questions that mothers have, and it is always possible for problems to develop without the fault of anyone else. However, our Chicago birth mistake lawyers know that in many other cases there are problems that develop which could and should have been prevented. In those cases medical professionals are at least partially responsible for failure to properly advise mothers of complications, from acting too slowly to prevent problems, or from taking ill-advised steps that lead to permanent harm to the newborn.

Doctors play a crucial role in the birth of children, and it is vital that all medical professionals in these situations act reasonably to keep mothers and their children safe. More often than should be acceptable, mistakes are made. Decisions should also be made that minimize the risks of problems. For example, the Digital Journal explained this week how some medical professionals are risking harm by advising their patients to choose a Cesarean section to deliver their child before the babies reach full term—39 weeks. These early Cesarean sections are done instead of normal vaginal deliveries. According to the latest data, these C-sections are become increasingly popular, now totaling more than 36 percent of all births.

According to a new study from Yale university researchers, the C-sections are gaining popularity for both convenience and cosmetic reasons. Of course, there is some planning benefit to be able to schedule a pregnancy, and there can be certain physical benefits to surgical assistance in the birthing process. Uniquely, study from the National Institute of Child Health and Human Development explained that more educated woman are more like to schedule their pregnancies with C-sections ahead of time. However, more and more advocates have worried about the undue influence that medical professionals have on convincing patients to have early C-sections. For one thing, it is convenient for doctors to schedule pregnancies around office hours and vacations. In addition, these surgical procedures may be encouraged not necessarily for medical reasons but because doctors fear birth injury lawsuits that can arise when a pregnancy is conducted naturally.

This skewed increase in C-section use has also raised concerns from organization like the March of Dimes who understand that every week of pregnancy is crucial for the health of both the mother and child. The consequences of cutting the gestation period short for convenience factors should never be underestimated when the well being of the patients are involved. Up until birth a baby is putting on weight and the brain, lungs, liver, and other organ continue to develop. Research continues to show that children are healthier and it is cheaper medically when infants develop naturally and are delivered without resort to C-section.

Continue reading "Mothers and Children At Risk in Early Cesarean Sections" »

When those calling for “tort reform” are working to pass measures limiting the rights of medical malpractice victims, they likely believe that they are fighting to help doctors under attack. Of course, our Illinois birth injury lawyers know that is not at all the case. Unfortunately, it is everyday community members and innocent families struggling to put their lives together after devastating medical errors that are hurt by so-called “reform” efforts.

For example, many states have enacted special legal rules that limit the ability of victims of medical malpractice—including birth injuries—to recover the compensation that a jury decides they are entitled. Even after winning the right to head to court and convincing the fact-finder of their legal position, these families are often still denied their right to redress. Naples News recently reported on one family’s fight to obtain the resources they need to help their son survive. The child, now seven years old, was born with cerebral palsy that was caused by medical errors. The child mother was given the drug Pitocen to help induce contractions. Over the course of the birth the woman was given more and more dosages of the drug. However, the total amount given to the woman was not properly monitored. As a result, the woman began having particularly severe contractions that cut off the child’s flow of oxygen which ultimately led to the child’s condition.

The child’s parents filed a birth injury lawsuit to seek redress for the consequences of the error. The case went to trial and a jury found in favor of the family for $30 million. However, the family has not received any of that money. Unique sovereign immunity legal rules in the state limit the family’s right to recover anything over $200,000 from the publically run health system unless a special “claims bill” is approved by the state legislature. Unfortunately, that bill was denied last year and it is unclear if it will be successful this year. The hospital administrators plan to use lobbying efforts to defeat the measure.

While the family waits to see if they will have the resources that they need, the young child is struggling to survive. Budget cuts in his area recently meant that he no longer was able to have the extra assistance he needs to attend school—his mother was forced to home school him. The child is able to communicate and move around somewhat, though it takes him extra time. He misses being around friends at school. His wheelchair is getting old and can no longer go up a ramp, however the family does not have the money to buy a new one. In addition, the boy is getting older and his mother is not sure how much longer she can handle his physical needs without extra assistance.

It remains shocking that so many roadblocks continue to be placed in front of victims of these accidents, preventing them from receiving the redress to which they should be entitled under the law. Our Chicago childbirth mistake lawyers will continue to fight against all efforts to unfairly handcuff victims in our area. No local policymakers, medical professionals, or other advocates should fear the consequences of basic fairness and accountability. Please contact our office if you feel that you or a loved one has suffered injury as a results of preventable mistakes made during the birth of a child.

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The size of verdicts and settlements in civil lawsuits depend on a variety of factors. While large figures often surprise some community members, there are very real calculations that go into determining how much a plaintiff can and should receive in any given case. The type of injury, the length of rehabilitation, scope of pain and suffering, effect on third parties, degree of culpability of defendant, and other factors all play into the ultimate amount that a lawyer will seek and that a court may provide. Our Illinois birth injury attorneys have spent decades evaluating and working within the system to ensure that all of our clients receive the full compensation that fairly accounts for all of their losses.

It is not uncommon for verdicts and settlements related to these injuries to be some of the largest and for good reason. Unfortunately, when an Illinois birth injury strikes, the consequences often last for a lifetime. When a child is injured at birth the overall loss to the family is extremely high. There are often staggering past and future medical costs, immense pain and suffering, and sometimes disability or disfigurement. In addition, many children who are permanently harmed while being born due to a preventable error will never live a normal life as a result. Whenever possible those losses should be accounted for an included in the damages sought when holding the medical professional accountable for their conduct.

The scope of these injuries is hard to overestimate. That is why it is not necessarily all that shocking to read stories like the one reported in the News Journal late last month on the $58.6 million verdict following a birth injury lawsuit. The case was filed after an obstetrician made mistakes during delivery that caused a child to suffer severe brain damage. As a result of the mistake the child is unable to walk, talk, or eat. After hearing all of the evidence in the case from both sides, the jury returned a verdict for the plaintiff in the amount of $58.6 million. While suits of this size are certainly not the norm, it is possible for injuries caused by negligent medical professionals to result in millions of dollars in long-term damage to the families involved. The jury verdicts reflect the seriousness of the mistake.

Our Chicago birth injury attorneys have worked on many cases where a jury has returned a verdict or settlement for significant sums. For example, just last year our lawyers achieved a verdict in the amount of $6.5 million for a young girl who suffered cerebral palsy and mild mental retardation following her doctor’s failure to perform a timely Caesarean section. In another case our client was awarded $6.71million by a jury after an inexperienced resident physician made serious errors. The young child in that case suffered shoulder dystocia and a brachial plexus arm injury as a result of the mistakes. Unfortunately similar errors occur across our area all too frequently. It is important for all victims to ensure they protect their rights by visiting a legal professional to discuss their options.

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The experienced Illinois childbirth negligence lawyers at our firm know that it takes continued advocacy to ensure that clients receive the legal representation they need from the beginning of a case to the end. Unlike the frequent misguided portrayals made by those seeking tort reform, defendants in civil actions—including birth injury lawsuits—usually throw up every defense possible and use stalling tactics to fight efforts to hold negligent wrongdoers accountable for the consequences of their actions. The need to fight through the legal stall tactics is one reason why it is important for victims of these injuries to seek out experienced legal professionals who have consistently seen these cases through to the end.

For one thing, investigation and analysis must be conducted before the suit is even filed so that proper information can be included in a complaint. The complaint is the formal legal document filed by the plaintiff which initiates a civil action. After the complaint is filed defense attorneys often try to get the lawsuit thrown out of court on technicalities by filing a motion to dismiss. If the plaintiff survives that then discovery is conducted where information is collected on both sides. Near the end of the discovery process defense lawyers often try to defeat the measure again by filing a motion for summary judgment. It is only is the plaintiff withstands that attempt that the case actually goes to trial.

Of course, there are no guarantees that a jury will return a verdict for the plaintiff. Both sides have the ability to present their side of the story, and the plaintiff retains the burden of proof. Essentially that means that in the event of a “tie,” the defendant wins. However, even after a jury returns a verdict for a plaintiff, work must be conducted to ensure that the victim actually receives the award to which they are entitled. Many insurance companies, hospitals, and defendants attempt to use stall tactics even after money is owed to block the collection. It takes focused, experienced legal professionals to follow the case all the way through and ensure that victims actually receive what they are entitled in as efficient a manner as possible.

For example, last week the Trib Today published a story on the stall tactics conducted by one insurance company that delayed as long as possible after a birth injury lawsuit led to a verdict for a plaintiff. After losing a $9.7 million medical malpractice case, an insurance company appealed, but they refused to post a bond which was required for that appeal. The delay in posting the bond meant that the plaintiff’s attorneys began action against in the individual doctor involved in the case—even though the judgment was supposed to be paid by the insurance company. Eventually, only after a filing a lawsuit claiming that they were not required to post a bond (over a year after the verdict), did the company finally do as required.

Our Illinois birth injury lawsuits are experienced professionals who have followed through on countless cases for victims to ensure that they actually receive the funds that they are owed in a timely matter. Winning a verdict or reaching a settlement means little to the plaintiff’s until they actually receive the redress required.

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Our Chicago birth injury attorneys recently read about a Gurnee birth injury lawsuit in which the family of the baby received $29 million dollars after the verdict was in found in their favor. The lawsuit was against the doctors and nurses that were in charge of taking care of the baby after birth and the lawsuit dealt with their negligence that led to their baby’s permanent brain injury following his birth. The Illinois birth injury lawsuit alleged that the baby, who was born eight years ago, suffered severe brain damage because the doctors and nurse at the health center where he was born failed to take proper care when he was born with a common blood infection.

The birth injury lawsuit was filed years ago and the family of the young boy won the suit last year, but it was appealed to the United States Court of Appeals, and just recently affirmed, meaning that the appellate court agreed with the original trial court. The appellate court agreed that the evidence presented showed that the doctors and nurses acted negligently in not treating the newborn baby’s infection for 12 hours after he was born with clear signs of a infection that was clearly getting worse over time.

The lawsuit against the doctors and nurses that were caring for the baby at the time of delivery and shortly after the baby was born, were accused of acting negligently in respect to their treatment of the baby shortly after birth. According to The Chicago Sun Times, when the baby was born he had a blood infection that is common during pregnancy and at birth, and can be treatable if handled appropriately. However, as the lawsuit alleges and the court agreed with, the doctors and nurses did not do anything for the baby for nearly 12 hours after birth. At that point the infection had advanced to a point where the baby suffered from severe injury, including a diagnosis of cerebral palsy and of spastic quadriplegia that are permanent and will require care throughout his whole lifetime.

The family of the baby did not realize immediately that the baby’s permanent brain injuries were caused by the doctor’s negligence, and did not realize that his injuries would likely not have been permanent had the staff acted as they should have when the infection presented itself. The family only realized that the staff had acted negligently when their second son was born with the same infection and was treated with medicine immediately after birth and recovered completely. This made the family realize that something must have been done wrong with their first baby and that the hospital staff had not handled the baby with the appropriate level of care that he needed.

If you or your loved one believes that a doctor or nurse acted negligently in treating your baby during birth, or shortly after birth, and your baby suffered injuries as a result, contact our personal injury law firm today. Our Illinois birth injury attorneys have helped clients all over the state of Illinois with birth injury lawsuits and are here to talk to you about what has happened and what options are available.

Our Illinois birth injury attorneys were interested to learn about an Illinois birth injury lawsuit settlement in which an Aurora family received over $15 million dollars after filing a lawsuit against the doctor who delivered the family's baby. The birth occurred seven years ago but the medical malpractice lawsuit just settled. The birth injury that the lawsuit was addressing was the result of negligence on the part of the doctor who delivered the baby and his actions left the baby with cerebral palsy and with mental retardation. Cerebral palsy is something that may occur during birth if the baby is without oxygen for too long, and is the term used to describe the conditions suffered by this lack of oxygen and that result is physical or mental developmental problems.

During delivery, the doctor attempted to use a vacuum extractor to help to deliver the baby, and continued to attempt to use this method even after the method failed him multiple times. According to About Cerebral Palsy, even though the mother and the baby were in severe distress at the time of the delivery, the doctor did not intervene or try to reduce the permanent damage to the baby and instead kept trying something that had failed multiple times before. The baby appeared to have been developing with no problems prior to during the delivery and it is very likely that had the doctor performed a C-section when the complications presented themselves, the baby would not have been born with any serious permanent birth related injuries. While the doctor did eventually perform a C-section to deliver the baby, it was not until after multiple failed attempts with the vacuum extraction device.

Because the doctor ignored the signs, the mother and baby were in distress for too long and as a result the baby was born with and will permanently have serious brain and developmental damage as a result. Treatment for these lifelong birth injuries will be very expensive and that is part of the reason that the family was asking for the amount in the lawsuit. Additionally, the amount sought by the family and the amount determined in the settlement not only includes money for the medical bills, but also compensation for all that the young boy and the family has suffered through as a result of the doctor's negligence.

Continue reading "Illinois Birth Injury Lawsuit Settles for Over $15 M" »

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.

HealthBeat recently reported on the amount of cesearean sections in the past 35 years. Results show that numbers have tripled. Expectant mothers are likely now, more so than ever, to choose a c-section in advance rather than undergo a vaginal birth. In addition, according to another research study, the number of induced births has also increased. It has been reported that nearly 40% of births are electively induced – meaning that there was no medical necessity requiring the induction.

But while these numbers are growing, so are the complications attributed to each of these procedures. During induction, women are administered the drug Pitocin. Because induced labor is often painful, women are also given an epidural. Epidurals can increase the chances of a vacuum or forceps being used during delivery. Furthermore, because babies born by induced labors can often be born too early, the babies will likely be required to stay in the hospital’s neonatal care unit a lot longer than most infants.

Similarly, as addressed by the National Center for Health Statistics (NCHS): “Cesareans are associated with higher rates of surgical complications and maternal re-hospitalization as well as with complications requiring neonatal intensive care unit admission… In addition hospital charges for a Cesarean delivery are almost double those for a vaginal delivery.” Moreover, c-sections are major surgeries which require the patient to recover afterwards. This recovery can often take several weeks.

But while more and more women are choosing to undergo these pre-planned types of births, other women don’t have a choice. At times, c-sections are vital and if not done properly or efficiently, they can often lead to other birth injuries. It is extremely important for healthcare professionals to be cautious and thorough when dealing with such emergency situations in order to minimize error and avoid birth injury lawsuits. However, as our Chicago birth injury attorneys know, that is not always the case.

Continue reading "Trends and complications of cesarean sections and induced labor may lead to birth injury lawsuits" »

According to a lawsuit recently filed by Fiona and Stanley Brown, negligence on the part of Lakeland OB-GYN and Lakeland Regional Medical Center caused their child, Destiny, to be born suffering from cerebral palsy and seizures.

The birth injury lawsuit claims that while Fiona and Stanley were at Lakeland Regional, the fetal monitor strip indicated a decrease in fetal heart rate. At thirty-eight weeks pregnant, Fiona was told that she needed to undergo an emergency Cesarean section.

Lakeland Regional is accused of not providing timely care before Destiny’s birth, not treating the fetal distress quickly enough, not reporting changes in Fiona’s condition to the attending doctor quickly enough, and of delaying the C-section.

Continue reading "Child Suffers from Cerebral Palsy and Seizures after Alleged Medical Malpractice" »

Oxygen deprivation during the birthing process can result in serious injury to the child or death. Children who do not receive enough oxygen during the birthing process may be born with a hypoxic brain injury. A child born with a hypoxic brain injury can develop cerebral palsy – a disorder that affects movement and posture. The functional effect of cerebral palsy can be one or more of the following: impaired movement, involuntary movement, rigidness of limbs, abnormal posture, or unsteadiness in walking. Children who suffer from cerebral palsy often also suffer from abnormalities in brain development including, but not limited to, intellectual disability or seizures. Therefore it is essential that the physicians and medical staff assisting in childbirth diligently watch for signs of oxygen deprivation in order to prevent a hypoxic brain injury that can develop into cerebral palsy.

Cerebral palsy as a result of a hypoxic brain injury during the birthing process is not uncommon. Just last month, the Madison St. Clair Record reported that another Illinois birth injury lawsuit was filed in St. Clair County. The family of the victim alleged that negligence by physicians during the birthing process resulted in a brain injury at Protestant Memorial Hospital in Belleville. According to the complaint, the physician’s failure to do an immediate cesarean delivery or perform inutero resuscitation resulted in a hypoxic brain injury. The hypoxic brain injury caused the development of cerebral palsy in their daughter. The child now suffers with the injury every day. She must cope with a learning disability and physical disfigurement. Her parents also face steep medical costs. In their three-count complaint, they seek more than $150,000 plus costs.

Continue reading "Another Cerebral Palsy Birth Injury Lawsuit Filed in Illinois" »

Chicago birth injury lawyers John J. Perconti and Patricia Gifford of Levin & Perconti represented a ten year old girl who suffers from cerebral palsy and mental retardation. The young girl sustained a brain injury during complications that could have been prevented during her birth.

On November 24, 2010, Levin & Perconti announced that the Advocate Lutheran General Hospital in Park Ridge, IL and a physician who failed to perform a timely Cesarean section agreed to pay a $6.5 million present cash value settlement to the injured child and her family.

Doctors failed to diagnose cephalopelvic disproportion in the pregnant mother. Physicians further failed to order an emergency Cesarean section even though they noted erratic decelerations in the fetus, a common warning sign for fetal hypoxia. Once an emergency Cesarean section was ordered, mistakes made by the anesthesiologist resulted in the nursing staff having to hold the mother down while the incision was made during the surgery.

Fortunately, both the newborn and mother survived the procedure. However, the newborn suffered from hypoxic ischemic encephalopathy, which caused the child’s cerebral palsy and mental retardation. The family plans to use the settlement to provide their daughter with the appropriate care she currently needs and the ongoing care she will have to have throughout her adult life.

Continue reading "Child with cerebral palsy receives $6.5 million birth injury settlement with Chicago hospital" »

A recent study conducted by the Norwegian Institute of Public Health found that individuals with low Apgar scores at birth were more likely to be later diagnosed with cerebral palsy. The study suggests that the link between low Apgar scores and cerebral palsy is related to the damage caused to the motor control centers of the brain. This damage can occur during pregnancy, during childbirth, or even after birth.

To determine a baby’s Apgar score, the baby's muscle tone, heart rate, muscle reflex, skin coloration, and respiration are evaluated. Each factor is scored on a scale of 0 to 2, with 2 being the best score. The scores are added together and the resulting Apgar score ranges from zero to 10. This test is generally done at one and five minutes after birth, and may be repeated later if the score is and remains low. Scores 3 and below are generally regarded as critically low, 4 to 6 fairly low, and 7 to 10 generally normal.

Cerebral palsy is caused by an injury to the infant’s brain that can occur before, during or shortly after birth. Exposures to radiation and infection during pregnancy have lead to cerebral palsy. Examples of these infections include rubella, cytomegalovirus, herpes, and toxoplasmosis. Asphyxia (lack of oxygen) before birth, hypoxia of the brain, and birth trauma during labor and delivery also cause injury to the infant’s brain, which can lead to cerebral palsy.

According to the Centers for Disease Control and Prevention, about 2 to 3 children in 1,000 are affected by brain injuries leading to cerebral palsy. The National Institute of Neurological Disorders and Stroke has estimated that about 800,000 individuals in the United States have cerebral palsy. Babies with cerebral palsy often have an irregular posture and may be born with other birth defects, such as spinal curvature, a small jawbone, or a small head. However, some babies born with cerebral palsy do not show obvious signs and symptoms right after birth.

Continue reading "Low Apgar Scores At Birth Linked To Cerebral Palsy" »

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" »

According to the Orland Sentinel, a mother who sued EVAC for injuries her son received during a premature birth has reached a settlement for $1.4 million with EVAC ambulance services. Margarita Chess was six months pregnant when she gave birth to her son, Addison, inside an ambulance owned and operated by EVAC. Addison was born with cerebral palsy and suffered brain damage.

Chess first arrived at the Bert Fish Medical Center in New Smyrna Beach, where a doctor decided to transfer her to Halifax medical Center in Daytona because Bert Fish Medical Center was not equipped to handle her prematurely born son. Halifax Medical Center did not accept the transfer, citing that they lacked specialists who could handle premature births.
At the trial EVAC argued that paramedics could not refuse the emergency-room doctor's order. The jury found EVAC negligent for accepting transport and for the care it provided. Originally Chess brought suit against both the hospitals and doctors but settlement was reached with EVAC for a total of $1.4 million.

Continue reading "Settlement Reached for Premature-Birth Lawsuit" »

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.

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Our Chicago birth injury attorneys at Levin & Perconti have recently launched a newly-designed firm website. The Chicago personal injury website offers a number of new resources, including community pages, the Nursing Home Attorney Resource Center, a directory of commonly used legal terms and expanded practice area information.

We represent a number of individuals and families throughout Illinois who were injured or killed as a result of healthcare provider error during the birth process. Due to this, we felt it was important to expand our birth injury practice area pages to include more information for the public on some of the most common types of birth injuries. We have created new web pages specifically focused on injuries such as cerebral palsy, brachial plexus injuries and injuries caused by vacuum extraction. Visit our main birth injury practice area page to access our expanded pages, and also to learn why birth injury cases differ from other types of medical malpractice lawsuits. After viewing this information, feel free to contact a Chicago injury lawyer to discuss your potential claim.

A Cook County judge and mediator approved a $9.5 million settlement on behalf of a baby born with Cerebral Palsy as a result of medical malpractice, according to the Chicago Breaking News Center. This Illinois birth injury occurred because a nurse failed to call a doctor after the mother began experiencing complications after arriving at the hospital in labor with her son.

The American Pregnancy Association describes how a Cerebral Palsy birth injury like this can happen. About 70% of babies with Cerebral Palsy developed the disorder as a result of complications occurring before or during birth. Maternal infections during pregnancy, insufficient oxygen reaching the fetus, and asphyxia during labor and delivery are among the most common causes of Cerebral Palsy. Furthermore, because Cerebral Palsy affects a child’s control of movement and posture, a health care team is often needed to assist a child with Cerebral Palsy throughout their lifetime. These teams can include pediatricians, rehabilitation physicians, surgeons, physical therapists, speech and language pathologists, and social workers.

The need for a specialized team of doctors often means significant expenses must be paid by the family of a Cerebral Palsy child. When this birth injury is the result of medical malpractice, a lawsuit may be a family’s best option to recover costs already spent and defray the high cost of the child’s future medical care. The Chicago birth injury attorneys at Levin & Perconti have experience representing the families of children who suffer from Cerebral Palsy as a result of doctor error. For example, they have recovered a $4.5 million settlement and a $2.3 million settlement on behalf of children who developed Cerebral Palsy because of medical malpractice.

The Daily Herald reports that a medical malpractice lawsuit resulted in a $29.1 million verdict for a boy suffering the effects of a severe birth injury. Medical malpractice occurring during the boy’s delivery at Northwestern Memorial Hospital in Chicago resulted in the child’s Chicago birth injury and brain damage. The boy is now six years old and suffers from quadriplegia and Cerebral Palsy, disorders that resulted from brain injury during his birth. NBC Chicago explains that a doctor ignored an infection in the mother prior to birth, and failure to treat the infection resulted in the child being born with Cerebral Palsy. As a result of the birth injury, the boy cannot walk, talk, or eat through his mouth.

Cerebral Palsy Information explains that Cerebral Palsy is often caused by brain injury either during pregnancy, during birth or shortly after birth. Several infections during a mother’s pregnancy can severely damage a fetus’ nervous system and result in Cerebral Palsy. Quadriplegia is a form of Cerebral Palsy that affects a child’s arms and legs and causes stiff, permanently contracted muscles.

4MyChild notes that about ten to twenty percent of children with Cerebral Palsy acquired it after birth, while many more children developed it during pregnancy or at birth. Two aspects of long labor send signals to doctors that brain damage can result in a birth injury to a baby. If a baby becomes stuck in the mother’s birth canal without oxygen or a doctor does not deliver the baby within 24 hours of the mother’s water breaking, the baby is at a significantly increased risk for a birth injury. Furthermore, doctors need to pay attention to whether the mother develops a fever during pregnancy because this too can lead to brain damage.

As 4My Child explains, quick action is the key to giving birth to a healthy baby instead of one with serious birth injury consequences like Cerebral Palsy. No child should have to suffer the effects of birth injuries that occurred because of medical malpractice. When medical malpractice does occur, however, and a child suffers the life long consequences of a doctor’s negligence, our Illinois birth injury lawyers are here to help.

As cerebralpalsy.org reports, Cerebral Palsy is a group of disorders that can be caused by a birth injury or brain damage later in life, and it results from the brain’s inability to control the body adequately. Cerebral Palsy affects chronic movement and posture, causing stiff or difficult movement, loss of depth perception and balance, and/or involuntary or uncontrolled movements. Approximately 10,000 babies each year in the United States will develop Cerebral Palsy, and it is estimated that 800,000 people in the United States live with the disorder. Of that number, about 2-3 children out of every 1,000 children have Cerebral Palsy.

A York Daily Record interview with Kyle Barnhart, a 19 year old college student, shows that people affected by a Cerebral Palsy birth disorder can overcome their disability and become very successful. Barnhart lives with Cerebral Palsy, and while he travels across campus in a motorized wheelchair, uses an electronic communication device to help him speak, and is assisted by aides, his life reflects that of a typical college student. Barnhart throws around a football with his friends, participates in dorm pranks and antics and regularly speaks in class. Cerebral Palsy is thought to be caused by a prenatal brain injury, but Barnhart does not have mental disabilities; in fact, he made the Dean’s List during his first semester of college.

Our Chicago birth injury attorneys represent clients who have developed Cerebral Palsy as a result of medical malpractice and doctor error. For example, we reached a $4.5 million settlement on behalf of a child who suffered brain injury leading to Cerebral Palsy because a doctor failed to perform a timely Caesarean section despite fetal distress. The Illinois birth injury lawyers at our firm also reached a $2.3 million settlement for another child who suffered a severe brain injury and Cerebral Palsy when a physician failed to perform a Caesarean section in a timely manner after the child’s mother complained of a ripping and tearing feeling in her uterus. Birth injuries, such as Cerebral Palsy, often require lifelong medical care. Verdicts and settlements reached on behalf of victims can help to compensate for lifetime medical expenses, potential loss of income and pain and suffering from these injuries. If you believe that your child suffered a birth injury as a result of a healthcare provider’s negligence, please contact us to discuss your case.

An obstetrician recently received a public reprimand from her state’s medical board. The reprimand states that the doctor’s negligence caused a newborn baby to suffer Erb’s Palsy. According to the report in The Mercury News, the negligent doctor tried a suction delivery, but the baby was too large for natural birth. This risky move caused the baby’s shoulder to become locked on the mother’s public bone, damaging the baby’s shoulder nerves and causing Erb’s Palsy, which left his arm and shoulder paralyzed.

Levin & Perconti have represented clients in a number of Chicago birth injury cases involving Erb’s Palsy. In 2009, John Perconti and Patricia Gifford settled a lawsuit for $1.35 million on behalf of a 9-year-old Waukegan girl who lost movement in her arm. Her doctors failed to inform the girl’s mother of her increased risk for shoulder dystocia. They also failed to perform the proper techniques during labor and delivery to disimpact the newborn's shoulder, causing her injury. To learn more about this birth injury lawsuit, read our latest newsletter.

A Chicago family received an $11 million dollar settlement yesterday for their daughter’s birth injury. The child had suffered a traumatic birth injury during a C-section and while her mother’s uterine ruptured. The child now suffers from cerebral palsy and cannot speak, walk or even eat. The birth injury took place at Loyola University Medical Center in Maywood. To read the entire article click here on “Chicago Birth Injury Settlement for 11 Million Dollars”

The family of a brain damaged boy was awarded $12 Million dollars for a birth injury the child suffered. The case took place in Illinois and was against St. Anthony Medical Center. The child suffers from spastic quadriparesis because of the brain injury. The birth injury was a result of a failure to recognize that the child was positioned for a breech delivery; and as a result the child did not receive sufficient oxygen which caused the brain injury. The Hospital did not perform a proper vaginal exam, placed a fetal scalp electrode in the wrong spot and this led to the placenta rupturing during labor and a result the child suffered a birth injury. To read the entire article click here on “birth injury”

A lawsuit was filed in St. Clair County, IL on behalf of a baby that died due to birth injuries. The child’s grandmother filed the birth injury lawsuit against the doctor that delivered him and the hospital where he was born. The lawsuit alleges that the doctor failed to perform a cesarean or treat the baby during delivery. The baby suffered neonatal hypoxic ischemic encephalopathy during delivery and died several months later from his birth injury. Read full coverage of this Illinois medical malpractice case.