Chicago Birth Injury Lawyer Blog

Each Chicago medical malpractice attorney at our firm is proud to work on birth injury cases, because they often represent the situations where victims are most in need of legal redress. When a mistake is made during the birthing process that could have been prevented, families are often forced to forever alter their lives as they work to help their disabled youngster meet the challenges of growing up with a defect or disability. Their task is made significantly more difficult if they do not have the resources to ensure that their loved one can receive the close medical and caregiving support to meet their basic needs. For children suffering particularly debilitating injuries, the costs of access to that basic level of care and equipment can be incredibly high. It is for that reason that some birth injury lawsuit end with significant verdicts or settlements.

For example, the Contra Costa Times reported last week on a proposed settlement in a birth injury case. The suit in question was filed two and a half years ago by a woman and her family after the woman experienced a traumatic childbirth. Shortly after he was born, the woman’s son was diagnosed with neurological injuries that were caused by fetal distress. The suit claimed that deficient care at the facility was responsible for the injury, and that the child would have been born completely healthy were it not for that negligence. Specifically, the court documents alleged that the 18-year old mother showed clear signs of fetal distress while in labor. Yet, ignoring those signs, the doctors involved failed to take action. An emergency C-section was likely necessary but it never occurred. The legal action therefore sought redress for the costs of the lifetime of care that the young child would need as a result of the error.

As the legal process proceeded the legal representatives for the public hospital involved in the suit and the mother’s attorney met to discuss a possible settlement. Many cases such as this ultimately do settle, often because the negligent parties become aware of their negligence and wish to avoid the time and expense that a trial often brings. For example, in this case, the attorney for the mother worked with the opposing counsel to reach a proposed agreement whereby the hospital would provide $2.8 million to settle the medical malpractice lawsuit.

In addition, as part of the settlement agreement, the facility will pay for the lien that was issued against the family by state officials for their failure to pay significant medical bills. It is often an added disgrace that after these medical errors are made, families are left with tens of thousands of dollars in medical bills, on top of the financial needs of their new child. Many families simply cannot afford those bills and are forced to fend off creditors and others who seek to take their often already modest possessions to pay for those bills. Many families truly have their lives destroyed by these events, and it is only logical that those responsible for the resulting harm pay for the consequences of their actions.

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

Our birth injury attorneys were interested in a current lawsuit in which a former inmate is suing the county jail she was incarcerated in, after she gave birth on the floor of the jail close to fourteen years ago. The birth injury lawsuit is against the county where the jail in which the inmate was incarcerated is located. While the incident occurred many years ago, the case is just now going to trial. According to Seattle PI, the personal injury lawsuit alleges that the baby likely suffered neurological damage as a result of not receiving medical care immediately following the baby’s birth. The inmate was pregnant and claims that the jail staff ignored her when she told them that she was nine months pregnant and that she was having labor pains. After repetitively asking for help and no one responding to her pleas or taking her seriously, she gave birth to her baby in her jail cell all alone. The officers that were on duty claimed that when they saw her they did not believe that she was in imminent danger, and that is why they did not get her help when she was asking for it.

The jail staff claims that the inmate was not clear in informing them that she was pregnant, and that due to her erratic behavior and verbal abuse, they had no reason to believe her claims that she was pregnant. They also claim that they did not act negligently by not believing that she was pregnant and failing to get her help before the baby was born because they did not know she was pregnant and are not required to give pregnancy tests to their inmates. It was not until the staff heard the baby crying that they realized she was serious about the pregnancy and proceeded to go and get help for the mother and baby. The jail staff also claims that the mother and baby suffered no injuries as result of the lack of care on the part of the jail.

However, the inmate claims that her baby was born with a heart defect and that the fact that the baby had no immediate care led to a more severe birth injury. The lawsuit is against the jail staff and the county for their negligence in not giving the inmate the appropriate care necessary and the baby’s injuries are not actually part of this particular lawsuit. The inmate seeks damages for the pain and suffering from being alone in her isolation cell and having to go through the birthing process all by herself.

Our birth injury attorneys feel bad for the mother having to give birth all alone, and for the baby that may have suffered more serious birth injuries that would have occurred had the baby received the proper medical care that it should have received during labor and delivery. If you or a loved one feel that a doctor, nurse or someone else in charge acted negligently while you were giving birth and that the baby suffered physical damages as a result of this negligence, please do not hesitate to contact our personal injury law firm to discuss your options. Our Illinois birth injury attorneys have helped out families all over Illinois with their personal injury and birth injury claims and are here to help you.

Mothers often turn to midwives when they are seeking a more natural childbirth option. However, the American Pregnancy Association cautions that sometimes childbirth requires medical interventions that extend beyond the scope of a midwife’s limited services. In those situations, the mother and baby need the prompt attention and care of an experienced obstetrician. If complications arise during childbirth that a midwife is incapable of handling, both mother and baby run the risk of suffering a debilitating birth injury.

Recently, the Lewiston Sun Journal reported that a Maine jury awarded a 10-year-old plaintiff $3 million for past and future medical expenses, permanent impairment, and loss of enjoyment of life after finding that the midwife who had overseen the child’s delivery negligently failed to follow standard medical care procedures. The child is severely disabled and was diagnosed with a rare genetic disorder called Kabuki Syndrome. The medical malpractice lawsuit maintained that the disorder did not account for all of the child’s symptoms, which include severe mental retardation, blindness, wheelchair confinement, a feeding tube, and inability to speak. Rather, the symptoms indicate the child suffered from oxygen deprivation during labor, as a fetal monitor warned. The lawsuit argued that the midwife failed to respond appropriately when the monitor indicated a problem.

The jury came to a verdict for the plaintiff after deliberating for only four hours. The plaintiff’s attorney praised the verdict, but added, “There are no winners in this. Everyone in the courtroom, particularly defense counsel, agreed this is a tragic situation.” Chicago birth injury attorneys know that with the proper care and attention during childbirth, these tragedies are entirely preventable. A fetal monitor should provide sufficient warning if problems occur. However, too often the baby is deprived of oxygen and experiences birth hypoxia or birth asphyxia, which can result in permanent brain damage. Such injuries require lifelong medical care and can exert an astounding financial and emotional strain on families.

Continue reading "Disabled Child Receives $3 Million Verdict in Midwife Birth Injury Lawsuit" »

Without prompt and adequate treatment, pregnancy complications often threaten the life of a mother carrying the child as well as child itself. Illinois birth injury lawyers realize that to protect lives, doctors must properly examine and diagnose pregnant mothers who exhibit signs of infection and provide treatment to prevent the condition from worsening.

An article published recently in the Dallas Morning News shows how a treatable infection can quickly degenerate into deadly septic shock if healthcare providers fail to administer appropriate care. A woman was admitted into the hospital with an 104.8 degree fever and complaining of neck and lower back pain – characteristic signs of an infection. A sonogram showed that the woman had been 17 weeks pregnant, but the baby had died. Rather than removing the fetus immediately to address the infection and without examining the woman, doctors ordered the procedure to be performed the next morning, 16 hours later.

During the intervening hours, the woman’s condition devolved into sepsis, a severe blood infection caused by an infection in another part of the body that can result in blood clotting, multiple organ failure, and death. The woman experienced septic shock and fell into a coma that lasted for three months.

Now the woman must receive dialysis three times a week, is on the waiting list for a kidney transplant, and has suffered two strokes, brain surgery, blood clots, liver damage, a partial hysterectomy, and heart surgery. The family filed a medical malpractice lawsuit seeking redress for this pain and suffering and to cope with over $3 million in medical bills accrued so far. The hospital could have avoided all of these afflictions had the staff met the standard of care and recognized the severity of the woman’s condition on that first night.

Our Chicago medical malpractice attorneys have represented families who suffer when their attending physicians fail to properly diagnose and treat pregnancy complications. In June 2009, we settled a case for $5.35 million on behalf of a daughter whose mother died after her physician failed to diagnose and provide timely treatment for her postpartum cardiomyopathy. The mother arrived in the emergency room with complaints of shortness of breath and chest pain. She was not boarded in the ICU and was improperly treated in the emergency room for pneumonia, worsening her heart failure. She died 15 hours later.

Continue reading "Medical Malpractice Lawsuit Filed After Pregnancy Complication Leads to Deadly Blood Infection" »

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.

A jury recently awarded $2.5 million to a grieving couple who lost their baby in a birth injury caused by doctors’ negligence.

The couple sued various obstetricians and gynecologists as well the practice where the expecting mother was treated. While obstetricians specialize in the management of pregnancy and labor, gynecologists specialize in the female reproductive system. Together, “ob/gyns” are trained to diagnosis and treat disorders and diseases in this field.

According to court documents, doctors discovered a complication during the mother’s pregnancy. Lab results revealed that the unborn baby had O-positive blood whereas the mother had Rh-negative blood. When this combination of blood types occurs, the baby’s O-positive blood is treated by the mother’s body as an intruder and the mother’s Rh-negative blood produces antibodies to fight the invading O-positive blood. The mother’s antibodies start to break down the fetus's red blood cells. This condition is called hemolytic disease or hemolytic anemia. It can become severe enough to cause serious illness, brain damage, or even death in the fetus or newborn.

According to the lawsuit, doctors failed to properly monitor and treat the mother and her baby after the complication was revealed. The unborn baby developed immune hydrops fetalis, a complication of Rh incompatibility. Although a cesarean section delivery was preformed, the baby did not survive. In addition, the mother will unlikely be able to deliver another viable fetus, according to the complaint.

The jury not only awarded the parents $2 million in compensatory damages but the jury also determined that the doctors should pay $500,000 in punitive damages. Punitive damages are intended to reform or deter the defendant and others from engaging in similar conduct. They are usually awarded when the jury determines that the defendants acted with reckless disregard for the safety of others. Although punitive damages are not intended to compensate the plaintiff, the plaintiff usually receives the entire punitive damage award.

To learn more about this lawsuit and other birth injuries that went to trial, follow the links.

Continue reading "Jury awards expecting parents $2.5 million in birth injury " »

A birth injury lawyer secured an $8.5 million settlement for the family of a severely brain-damaged child. The Jersey Journal reported that even though the trial had already begun, attorneys reached an agreement to settle after five days of trial testimony.

According to the lawsuit, when the mother-to-be first went to the hospital, several prenatal tests were conducted. All of these tests suggested that the unborn baby was normal and healthy. A prenatal heart monitor was then attached to the mother’s abdomen to track the baby’s heart rate. Several hours later, the baby's heart rate started to drop. In fact, records showed that the unborn baby’s heart rate reached a dangerously low level of 60 beats per minute.

Although the baby’s heart rate was grave and required immediate medical attention, evidence suggested that the labor and delivery room nurse waited almost half an hour before calling the attending obstetrician. As the unborn baby continued to struggle, the obstetrician took over twenty minutes before even starting an emergency Cesarean section.

Evidence at trial showed that the unborn baby’s umbilical chord was compressed. This can cause a baby's low heart rate and can cause the fetus to be deprived of oxygen. Experts in the case claimed that as a result of the unnecessary delays by the obstetrician and the delivery room nurse, the unborn baby suffered permanent brain damage.

The child, who is now five years old, suffers from seizures, is unable to walk, and needs to be fed through a straw. The child will be in need for full-time care for his entire life. According to the terms of this birth injury settlement, $6 million was provided for the medical expenses the child will incur in the future. The parents received $2.5 million as compensation for their emotional pain and other damages.

To read more about this birth injury settlement, follow the link.

Unfortunately birth injuries are not uncommon. In early March a family received $19.2 million for their child’s birth injury. Click on the link if you wish to learn more about the family’s struggle with their child’s birth injury. Birth injuries often result in brain injury for the unborn child. If you want to learn more about brain injuries, follow the link.

Continue reading "$8.5 million settlement for family of child who suffered brain damage at birth" »

A father of three newborn triplets sues the hospital where his wife died during labor. WWMT News reported on the medical malpractice lawsuit. According to the lawsuit, the doctors were aware that the mother had a placenta condition that caused massive bleeding. The father of the newborns claims that the doctors were negligent because they failed to have enough blood during the cesarean section, causing his wife’s death.

The placenta is a structure that develops inside the uterus during pregnancy. The placenta supplies the unborn baby with nutrients and oxygen from the mother’s blood. According to the March of Dimes Foundation, there are a variety of placental problems that can cause complications during the second half of pregnancy.

One type of placenta condition is a placental abruption. This occurs when the placenta peels away from the uterine wall before birth. Severe cases can deprive the baby of oxygen and nutrients. The main symptom of placental abruption is vaginal bleeding. Last year, a mother with placental abruption was awarded $1.4 million in her birth injury case.

The position of the mother’s placenta can also cause complications during pregnancy. A placenta previa is a low-lying placenta that can block the baby’s exit from the uterus. This position can cause the placenta to bleed during labor and birth. In some cases the bleeding can be severe, which can be dangerous to the mother and her baby.

Continue reading "Father of triplets sues hospital after wife died during birth" »

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" »

The McKinney Courier-Gazette reported on a pregnant woman who was forced to give birth to her daughter at home after she was turned away from her local hospital. The woman reported to the hospital’s emergency room for treatment. She told the staff in the emergency room that she was suffering from sudden and severe pelvic pain. But the staff discharged her the same day without conducting an examination. When the woman returned home, she went into labor. Her delayed delivery caused her newborn daughter to sustain a traumatic birth injury.

When an unborn baby is delayed during labor, there may be tragic consequences affecting the health of the child. A delayed delivery may cause hypoxia resulting in brain injury due to lack of oxygen. Delayed deliveries may also cause cerebral palsy, Erb’s Palsy (paralysis of the arm), and other learning or developmental disabilities.

Delayed births may be the result of the inattentiveness or the negligence of the attending physician or hospital staff. Victims of birth injuries are sometimes awarded multi-million dollar verdicts or settlements to compensate for the medical costs, pain and suffering, and even the disability the child and their family may face.

Continue reading "Lawsuit filed after hospital released a woman in labor" »

The New York Times reported yesterday on a hot-button issue related to childbirth and medical malpractice. In a move that has angered many families expecting children, some hospitals have banned or restricted the use of cameras during the child delivery process. For many families early photographs and videotapes of the event are priceless memories that are cherished. However, others are not allowed the opportunity to capture those memories as some hospitals move to keep secret the goings-on of a delivery room medical staff.

What is perhaps shocking is that the main motivation for the ban has nothing to do with patient safety but doctor legal protection.

The story explains that the impetus for the rule in many places is the fear that when problems arise juries will be able to see the video. That is exactly what happened in an Illinois birth injury lawsuit following the delivery of a child at the University of Illinois hospital with shoulder complications and permanent injury. The father in that case had been recording the developing problems, capturing honest reactions from doctors and nurses about what went wrong and what “should” have been done. In that case, the jury ultimately awarded the victims $2.3 million for the birthing errors.

One doctor said, “I openly admitted to my co-workers that I practice defensive medicine [and] take offense…that now I have to be videoed to prove that I’m providing good care.”

No national standards dictate the videotaping policy in hospital rooms, so hospitals are free to create a policy of their own. However, when openness and honesty are touted as the keys to superior medical care, there would seem to be nothing to fear from allowing families to tape the moment.

As one hospital’s obstetrics chairman that allows taping explained, “We’re trying to be as transparent as we can. If something goes wrong, we try to explain immediately what happened. A video is not inconsistent with the goal of trying to be transparent.”

Continue reading "Illinois Birth Injury Lawsuit Spurs Hospitals to Ban Delivery Room Cameras" »

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" »

According to Westlaw News, a pending lawsuit on the west coast claims that hospital doctors intentionally delayed delivery of a baby after they confirmed that the baby would be born with substantial brain injuries. This birth injury lawsuit continues to allege that the hospital doctors delayed delivery in order to increase the likelihood that the baby would not survive delivery.

The unborn baby’s mother is alleging that doctors knew that her unborn baby needed to be delivered immediately and that failure to do so would result in traumatic brain damaged.

She further states that once the doctors determined that the unborn baby had in fact suffered severe brain damage, the doctors purposefully took actions to end the unborn baby’s life in order to save the hospital and the doctors from legal and financial responsibility.

Unfortunately, this pending birth injury lawsuit is not the only case where unborn babies have been affected by a doctor’s negligence. As covered in this blog recently, in one birth injury lawsuit, a newborn baby suffered from fetal hypoxia when doctors failed to order an emergency Cesarean section. In another case, a birth injury lawyer represented the family of a newborn who suffered a brain injury from severe lack of oxygen during delivery. You can read more about these incidents below.

Continue reading "Lawsuit alleges that doctors intentionally delayed delivery to increase chance of death." »

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

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

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

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

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

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

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

A jury awarded $2.3 million in damages to a Virginia boy who suffered arm injuries at birth. As a result, the 4 year old child’s right arm is permanently disabled. The child’s mother was also awarded an additional $60,000 to reimburse her for all the medical expenses related to her son’s injuries. The lawsuit involved a nurse-midwife and the medical practice she was associated with.

To read more about this birth injury settlement follow the link to HamptonRoads.com

Midwifery offers care to childbearing women during their pregnancy, labor and birth, and during the postpartum period. They can also care for the newborn through to six weeks of age, including assisting the mother with breastfeeding. According to the National Center for Health Statistics, certified nurse-midwives and certified midwives attended 7.4% of U.S. births in 2006.

This health care profession came under fire in 2003 when a Sonoma County infant died after birth due to the alleged actions of a midwife. The mother, while under the guidance of a midwife, labored too long in her home causing life ending complications. Although state medical boards typically govern and regulate midwifery licenses, the family filed suit against the midwife for gross negligence. In that case, the midwife was already under investigation with the medical board for incompetence regarding two other home births.

Continue reading "Jury awards $2.3 M verdict for arm injuries suffered at birth." »

A mother in Harris County, Texas has filed suit against the medical center that was caring for her pregnant daughter. In the lawsuit, the mother alleges that her daughter and her unborn grandbaby died as a result of the medical center’s negligence.

The pregnant woman was first sent to the medical center when she was about 37 weeks pregnant. Her Obstetrician/Gynecologist (OB/GYN) recommended that she go to the medical center because her blood pressure was high. The pregnant woman was soon discharged even though her blood pressure remained high.

A few days later, the pregnant woman returned to the medical center. This time, the pregnant woman was complaining of shortness of breath. She was immediately sent to the emergency room but she remained there for almost three hours without treatment. While she waited in the emergency room, she suffered a life ending cardiac arrest. Although doctors did remove the baby by cesarean-section, the baby did not survive. The baby had suffered from severe lack of oxygen before birth.

It was later discovered that the pregnant woman’s cardio-respiratory arrest was caused by pregnancy-induced hypertension (PIH). The lawsuit filed against the medical center further alleges that the emergency room physician failed to properly diagnosis the pregnant woman for this condition.

To read more about this story, please visit the Houston Chronicle.

Although the exact cause of pregnancy-induced hypertension is unknown, there are several risk factors. According to the American Pregnancy Association, first-time mothers, women carrying multiple babies, teenage mothers, and women who have high blood pressure prior to pregnancy are most at risk.

Continue reading "Mother files wrongful death lawsuit over preventable pregnancy complication" »

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" »

Xzavier Hyman, a four year old child from Staten Island, was recently awarded $510,000 in a Medical Malpractice action against the obstetrician-gynecologist responsible for delivering him.

Xzavier’s mother, Ms. Spicer, was going through a difficult birth so Xzavier’s doctor, Dr. Paul Heltzer, ordered the use of Pitocin, a drug which helps speed up delivery by inducing contractions, to help her along in the birthing process. Pitocin is commonly used for women who are having difficulty delivering their child. However, Dr. Heltzer made the mistake of administering the drug for too long which put stress on Xzavier’s brain, causing three or four strokes and three seizures within 10 hours of his birth.

Xzavier’s attorney’s successfully argued that Ms. Spicer was kept too long on Petocin, and her relentless contractions stressed Xzavier. Additionally, they argued that a Caesarean operation should have been performed several hours before Ms. Spicer gave vaginal birth to Xzavier. If these steps were taken, Xzavier’s injuries could have been avoided.

The delivery, and subsequent stokes and seizures, left Xzavier with permanent injuries. Xzavier still suffers from some speech and fine motor skill deficiencies, the gap in IQ between him and his peers has continued to widen, and his life expectancy was cut approximately six years.

Both Xzavier’s mother and attorney expressed joy that the verdict came down in their favor, but disappointment that the award was not higher. Many birth injury malpractice cases award damages far greater than the $510,000 that Xzavier received. Much of this is based on the ongoing medical bills that a child will face as he ages because of the injury.

Continue reading "Jury Awards Birth Injury Victim $510,000" »

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

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

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

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

A jury recently awarded over $23 million to 5-year-old boy and his mother in a birth malpractice trial in Milwaukee that lasted over two weeks. The jury found the woman’s doctor negligent for the birth injury her son sustained during delivery in 2005. According to a report in the Journal Sentinel, the boy suffers from cerebral palsy as a result of the brain damage that he sustained during his delivery. The jury found the doctor negligent for failing to perform a C-section despite the woman’s prolonged labor and signs of distress. Instead of a C-section, the doctor ordered a medical resident to deliver the baby with forceps.

Most likely, the child’s brain damage was the result of hypoxia, or lack of oxygen. When complications arise during the labor and delivery process, it can cause a newborn’s oxygen supply to be cut off. When a child goes without sufficient oxygen for an extended period of time, this can lead to brain damage which can cause conditions like cerebral palsy. The National Institute of Neurological Disorders and Stroke defines cerebral palsy as term used to describe a number of neurological disorders that affect one’s movement and coordination. The effects of cerebral palsy can range in severity, but in many instances sufferers will have to undergo lifelong medical care and treatments. In the above example, the damages will help to compensate for future medical costs as well as the loss of future potential income and pain and suffering.

To learn more about the recent birth injury verdict, follow the hyperlink.

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.

CBS 6 Albany reports this month that a $5.2 settlement was ordered in a lawsuit brought on behalf of a mother’s death during childbirth that occurred as a result of medical malpractice. Doctors cut or tore the mother’s uterine arties during a Caesarean section delivery, and this resulted in the mother hemorrhaging in the operating room and losing about 60% of her blood volume. The doctors failed to take timely action, not addressing the mother’s continued internal bleeding or repair it in surgery until more than six hours had passed. By then it was too late and the mother bled to death. The doctors were additionally found negligent in not performing the mother’s Caesarean section delivery in the morning when the mother’s labor progressed irregularly, and in not recording the mother’s vital signs when the Caesarean section delivery was eventually performed.

Maternal death ratios have increased in the United States recent years, according to Amnesty International USA. In 1987 there were 6.6 maternal deaths per 100,000 live births, but by 2006 that ratio had increased to 13.3 maternal deaths per 100,000 live births. This ratio is greater than that of 40 other countries. Furthermore, birth injury complications affecting a mother’s health occur to 1.7 million women every year in this country. Amnesty International USA attributes these maternal risks in part to inadequate staffing and quality protocols and a lack of accountability and oversight.

As the lawsuit illustrates, medical malpractice can result in serious consequences such as the preventable death of a mother during childbirth. Filing a lawsuit might be the best route to take to hold the doctors liable when this occurs. Similar to the New York lawsuit, the Illinois birth injury lawyers at Levin & Perconti received a $7.62 million verdict on behalf of a mother who bled to death after her HMO doctor disregarded the mother’s complaints of postpartum bleeding. If you believe a similar preventable tragedy has occurred to your family, please contact our Chicago birth injury attorneys.

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.

According to a press release on Emailwire.com, a family was awarded over $38 million by a jury in a birth injury lawsuit. The press release states that a newborn suffered severe birth injuries after medical practitioners failed to execute a cesarean in a timely manner. As a result of this medical negligence, the newborn sustained an irreversible brain injury. Follow the link to read more about this birth injury verdict.

When medical providers fail to perform c-sections and other interventions during childbirth, in a timely manner, they risk causing serious birth injuries such as birth hypoxia and cerebral palsy. Fetal distress is detectable when an infant’s heart rate is abnormal. If a labor and delivery team suspects fetal distress, they should immediately perform interventions to prevent serious injury. When providers fail to do so, a baby can suffer lifelong injuries or death.

Awards for birth injury cases are often high because they take into consideration both economic and non-economic damages. In most instances, the verdict or settlement will be determined by calculating proven damages, such as past and future medical expenses and loss of potential earnings. They also take into account pain and suffering and loss of normal life, or disability and disfigurement damages. The Chicago birth injury attorneys at Levin & Perconti have received compensation for families in a number of birth injury cases, including a $6.71 million Cook County birth injury verdict for a child who suffered a serious brachial plexus injury. If you believe that your child has suffered a birth injury as a result of a medical provider’s negligence, please contact us to discuss your potential claim.

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.

The Record reports that a woman in Madison County, IL is suing Anderson Hospital and her physician, claiming they failed to provide appropriate prenatal care during her pregnancy. According to the suit, filed by an Illinois medical malpractice lawyer, the doctor failed in her duty to properly monitor the fetus, failed to ensure that the fetus developed properly in spite of the plaintiff’s diabetes and failed to intervene in a timely manner when fetal distress was detected. As a result of the doctor’s failures, the plaintiff’s unborn daughter died in December 2007. To read the full account of this Illinois malpractice lawsuit, click the link.

A settlement totaling $77,418,670 was recently reached with St. John’s Riverside Hospital for the family of a three-year-old boy who developed cerebral palsy due to unnecessary delays during birth. The medical malpractice lawsuit alleged that the hospital, and the obstetrician/genecologist who delivered the baby, failed to perform an emergency c-section despite the presence of signs that indicated that the baby was suffering from oxygen deprivation. Instead, the doctor opted for a vaginal delivery, which was alleged to have been initiated almost an hour later.

Click on the following link for more information about this $77 Million cerebral palsy settlement.

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

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”

After a 13 million dollar verdict in favor of a mother who was not informed that a cesarean section was an option, the court decided that informed consent needs to involved information about all options. The mother’s son suffered a birth injury because of the lack of consent. The traumatic birth injury the child suffered from was cerebral palsy. This is a huge step for patients informed consent. To read the entire article click here “Informed Consent for Birth Injuries Takes a Small Step Forward”

Jacksonville Naval Hospital reached a $500,000 settlement yesterday with a family whose son died after a birth injury. Kendra Alcorn gave birth to twins in 2005; the first birth went well, but the second baby suffered from lack of oxygen. Lack of oxygen is a serious birth injury and it caused the child to go blind and have cerebral palsy. The child has since passed away from the birth injury. To read the entire article click here on “Birth Injury Case Settled”

In December of 2000, a woman’s uterus burst during labor caused a birth injury. The mother’s body no longer could provide oxygen for the child, who went 18-20 minutes without oxygen. The birth injury caused permanent brain damage. There was a $31 million dollar verdict for the birth injury when the case was brought to court, the most in Ohio history, but they have settled out of court for what is believed to be less money. For more information on “Record Settlement in Birth Injury Case” click here.

A $3.35 million Euro (About $4.65 Million in US currency) settlement was reached because of a birth injury that took place. The Hospital in this case failed to get proper information including information relating to the baby’s fetal heart rate and the doctor carried out a Caesarean section too late causing the birth injury. The birth injury caused asphyxiation at birth, motor dysfunction and mild cerebral palsy. To read the entire article click here “Birth Injuries”

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.

Earlier this week, a jury returned a verdict awarding $4 million in a medical malpractice lawsuit for birth injuries found to have been caused by a delayed c-section.

The injured baby’s mother had been pregnant with twins, but one died in utero. A few weeks later, doctors discovered that the surviving twin was in distress and determined that an emergency c-section was necessary. The operation was delayed for several hours, however, and the baby ended up being born with permanent brain damage that led to cerebral palsy and mental retardation. The award should help to guarantee that the child receives the necessary treatment that she will require for the rest of her life.

Read more about this delayed c-section case here.

Last week, a jury returned a verdict of $6.4 million to a woman for brain damage that she suffered during pregnancy. The medical malpractice lawsuit alleged that the woman’s doctor failed to properly treat her for preeclampsia, a condition that can cause high blood pressure in pregnant women. The woman’s baby was born free of birth injuries but she suffered a brain bleed after her condition became severe.

Preeclampsia and other hypertensive disorders have been recognized as being responsible for 76,000 maternal and 500,000 infant deaths each year, worldwide.

Click here for more information on this failure to treat preeclampsia verdict.

Last Friday, a jury in a medical malpractice trial awarded $4.4 million to the parents of a child who suffered a severe brain injury at birth. Three days before her scheduled induction, the mother went to the hospital with nausea and vomiting. A fetal heart monitor showed that the baby was in dire stress and in need of an emergency c-section but a nurse misread the data. This delay lead to prolonged oxygen deprivation, causing her daughter to suffer severe brain damage and later develop cerebral palsy. She died a year ago, at the age of less than 4 and a half, of complications from the disorder.

Read more about this birth injury trial here.

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

The hospital that gave Dennis Quaid’s twins a lethal dose of Heparin has settled with the family for $750,000. The hospital gave the babies a 10,000-milliliter unit dose of Heparin, a blood thinner, made by the Baxter Healthcare Corp. instead of the prescribed 10 milliliters immediately after the twins were born. The twins struggled for their lives after the lethal overdose of Heparin almost killed them. Fortunately, the twins survived the overdose administered by the healthcare providers at the hospital. A petition filed in the court shows that the Quaids and the hospital have agreed on the parents’ damages, but can still pursue birth injury claims for their children. To read the full story, click here.

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

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

A jury has awarded $20.5 million in a medical malpractice suit to the family of a child with lasting medical problems caused by mistakes made at his birth. The judge stated that it was the largest award in a medical malpractice case in his 10 years on the bench. The jury found the doctor and hospital negligent in their treatment of the child's mother during the delivery.

A fetal monitoring system indicated that the baby was in distress so the hospital called the doctor but he did not show up for two hours. During this delay, the baby was deprived of oxygen. After the doctor arrived, rather than performing an emergency c-section, he decided to induce labor, which forced the baby to remain oxygen-deprived. When it finally became clear to the doctor that the baby had to be removed, it was too late. The delayed c-section was finally performed nearly four hours after the mother had arrived at the hospital, after the baby had already suffered permanent brain damage. The baby was born with cerebral palsy. He is almost completely blind, has no use of his hands, has severe mental retardation. The boy is now 7 but, because of his birth injury, he functions at the level of a 6 to 9-month old.

The family will receive $2 million health care expenses and related costs. The child was awarded $18.5 million, which he will receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses. Almost all of the money will be used for his care, since he will require 24-hour care for the rest of his life.

To read the full story, click here.

A Court has reinstated a medical malpractice birth injury lawsuit filed by a Las Vegas mother whose child suffered brain damage during birth. The suit was originally dismissed because it was brought after the four-year statute of limitations. However, the Court clarified that the applicable statute of limitations is ten years where the child suffers brain damage or a birth defect.

For the full article.

A DeKalb County family received a $15.35 million settlement in a birth injury malpractice. This is the largest settlement ever recorded in DeKalb County and one of the largest birth injury settlements in Illinois history. The lawsuit alleged the Defendant physician negligently used a vacuum extractor during labor and delivery. Over the course of nearly one hour, the physician used the vacuum extractor 18 times without success. Another doctor was called in to perform an emergency C-section after the infant’s fetal heart tones showed distress. The child suffered severe brain injuries as a result of the physician’s negligence.

Plaintiffs further alleged that the Defendant hospital failed to exercise reasonable care in evaluating the physician’s competency to perform vacuum deliveries at their hospital. The physician had previously settled in another birth injury malpractice, which resulted in the death of a newborn. To read the full story, click here.

A Wisconsin jury awarded $11.4 million to the parents of a child born with Cerebral Palsy, and found a nurse and midwife at Gunderson Lutheran Medical Center negligent in the child’s delivery, causing the brain damage. The lawsuit alleged that the baby was deprived of oxygen due to a delay in his delivery and that the mother was administered the drug Pitocin in frequent and increased dosages without a physician’s order, in violation of hospital policy, which caused additional stress to the fetus and an abnormal contraction pattern.

The child suffers from Cerebral Palsy and other permanent personal injuries. He is not expected to ever walk or talk and requires a feeding tube. The parents state that, while the jury award cannot give their child a normal life, it will help them to provide the therapy, treatment, and accommodations that their son will need throughout his life.
For the full story, click here.