Articles Posted in Birth Injury Lawsuit

identifying spinal cord injuries in infants

Spinal cord injuries in newborns are usually a result of excessive traction or rotation of the spinal cord and twisting of a baby’s trunk during delivery, and can be caused by vacuum extraction or the use of instruments such as forceps. A physician who is trying to deliver and manually manipulate positions quickly may further put a baby at risk, making a negligent doctor one of the most common reasons for a spinal cord injury to occur. The severity, mortality, and disability will depend on the type and location of the damage. Other related injuries may include pediatric skull fractures, Erb’s Palsy, and lifelong bladder and bowel dysfunction.

The best way to avoid these types of injuries is for a doctor to properly evaluate the baby’s position before labor and delivery begin. Just as important is the close observation of injury symptoms and an injury diagnosis by use of ultrasonography or MRI of the newborn’s spinal cord after delivery.

Signs of Infant Spinal Cord Injury

Brain Injuries to Children
A birth injury is defined as the structural destruction or functional deterioration of an infant’s body due to a traumatic event at birth. According to the American Academy of Pediatrics, “Some of these injuries are avoidable when appropriate care is available, and others are part of the delivery process that can occur even when clinicians practice extreme caution.” And most of the time, birth injuries are typically indicative of a medical mistake that was likely the cause of a traumatic experience to the fetus or newborn. Here is a deeper look and explanation of the top ten most common birth injuries in the U.S.

  1. Cerebral Palsy: Centers for Disease Control and Prevention data shows the average prevalence of cerebral palsy is 3.3 children per 1,000 live births. It is the most common motor and movement disability of childhood and could cause serious, long-term injuries.
  2. Facial Paralysis: Facial nerve palsy is the loss of voluntary muscle control of the face. While it can be serious, the condition often goes away over time. The injury is caused by the pressure put on the baby’s seventh cranial nerve during birth.

New Hope for Brain Damage Recovery After Oxygen Deprivation at Birth
Around 450,000 babies are born preterm in the U.S. every year, according to the Children’s National Research Institute. Premature babies are often deprived of oxygen caused by immature lungs or irreversible birth injuries. Inadequate oxygen levels can decrease a newborn’s blood pressure, heart rate, and limiting the blood flow to vital organs and tissue. When this happens, irreversible neurological or cellular damage can occur and lead to permanent deficits and disabilities such as cerebral palsy, epilepsy, and vision and hearing loss.

Premature babies and those with brain injuries caused by birth have typically been treated with minimal handling, avoidance from stressful stimuli, including receiving care and treatments in new, quiet private family rooms. A new study led by researchers at Children’s National Hospital, published online on February 19, 2020, in “Nature Communications,” could lead to new treatments for children affected by brain damage caused by oxygen deprivation at birth. The recent study suggests that when oxygen-deprived infants are faced with opportunities for optimal brain development through an “enriched” environment, it may result in a more positive growth and healing of the brain.

What Makes for an “Enriched” Environment?

mom's rights and birth injury prevention

New Illinois Law Says Every Woman Has Safe Pregnancy and Childbirth Rights

New data published on January 30, 2020, by the Centers for Disease Control and Prevention’s National Vital Statistics System, shows that the U.S. maternal mortality rate was 17.4 maternal deaths per 100,000 live birth in 2018. And an average of 19 women will die within 12 months of pregnancy in the Chicago-area, according to a 2019 report by the Chicago Department of Public Health.

On January 1, 2020, an Illinois law took effect which amends the Medical Patient Rights Act to delineate 21 rights of women during pregnancy and childbirth through Pregnancy and Childbirth Rights (HB 2).

Fort Campbell Hospital Birth Injury Ends With $15.1M Settlement birth injury at military base

On January 10, 2005, Kelly D. Wilson gave birth to her son at Blanchfield Army Community Hospital in Fort Campbell, Kentucky. Fast forward to January 31, 2020, and the federal government agrees to award the Wilson and her family $15.1 million in damages to settle a lawsuit over the events that happened that day, fifteen years ago.

According to the lawsuit, when the Army veteran gave birth to her son in 2005, he “suffered a hypoxic-ischemic brain injury prior to delivery, resulting in cerebral palsy and lifelong neurological deficits.” And as a result of the brain injury, is now “wheelchair-bound, non-verbal and has involuntary movements and a seizure disorder.”

wrongful death c-section

Mom Dies After Routine Caesarean Section, and Dad Sues Cedars-Sinai

Cedars-Sinai Medical Center in Los Angeles is facing national backlash after a woman internally bled to death after giving birth to her baby boy. The woman’s husband is now suing the hospital and pushing for policy changes and raising awareness of the U.S. maternal mortality crisis and birth-related injuries to mom and baby. The U.S. has remained the only developed country with a rising death rate for pregnant or new mothers for more than a decade.

The woman’s husband, Charles Johnson, says doctors told them the birth would be a routine Caesarean section, but soon after, he started noticing worrisome issues. According to a February 18, 2020 news interview between Johnson and CNN:

mother worried about birth injuries

15 Things Parents May Not Know About Their Baby’s Birth Injury

A birth injury is defined as the structural destruction or functional deterioration of an infant’s body due to a traumatic event at birth. According to the American Academy of Pediatrics, “Some of these injuries are avoidable when appropriate care is available, and others are part of the delivery process that can occur even when clinicians practice extreme caution.”

This is a list of 15 things parents may not know about preventable birth injuries.

Preventable Birth Injuries

How Long Do I Have to File a Birth Injury Lawsuit in Illinois?

Minor injuries to newborns may occur during the birthing process, which could be natural due to the force of labor. However, when nerves are damaged, bleeding occurs on the brain, bones are broken, or a baby’s oxygen is deprived causing irreversible injuries, further treatments and extended care will be required, leaving parents to reach a traumatic point of devastation and financial strain. Sadly, many times these injuries could have been prevented had the mother’s medical team including, doctors, nurses, and others, avoided negligent behaviors and faulted choices.

Examples of medical negligence during birth may include failure to:

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