Articles Tagged with preventable birth injuries

list of preventable birth injuries like asphyxiation

Brain Injury Awareness Month Serves as a Reminder for Medical Professionals to Work Harder in Preventing Birth Injuries

March is Brain Injury Awareness Month. The birth injury lawyers at Levin & Perconti and their families would like to acknowledge and support the 5.3 million Americans living with a brain injury, including the 2 out of every 1,000 newborn infants who suffer from oxygen deprivation at birth. Asphyxia is an irreversible event that occurs when an infant’s brain is deprived of oxygen for an extended time prenatally, intrapartum, or postnatally, resulting in abnormal neurologic function. The harm can be incredibly debilitating and impact the child’s suffering for the remainder of their life.

Common brain injuries as result of asphyxia at birth include:

labor induction leading to birth injuries

The Connection Between Labor Inducing Drugs and Birth Injuries 

According to research provided through the National Partnership for Women & Families (NPWF), up to 50% of all birth injuries to mothers and babies are avoidable with proper planning and better care. And a woman’s doctors or medical team may be responsible for those injuries if they allow labor and delivery complications to impact a mother and her baby’s health. At times, a physician may schedule a delivery to induce labor and avoid further complications.

NPWF has identified three situations that can occur at the end of pregnancy when women or newborns are likely to benefit from induction:

maternal health of black women

New Legislation Aimed to Save Lives and Reduce Disparities Impacting Mortality in Black Mothers and Black Babies

Women of color, more so non-Hispanic Black mothers, suffer adverse maternal health outcomes at disproportionately high rates, as much as 3 to 4 times those of their white counterparts. In response, the Black Maternal Health Momnibus Act of 2021 has been unveiled alongside 12 bills to address the significant health inequities Black mothers are at risk for. While the newly proposed legislation could impact the growing concern for Black women’s health across the U.S., the related challenges are especially problematic in Illinois, where an average of 19 Black women in Chicago dies within 12 months of giving birth, making their deaths nearly six times higher than whites.

According to the U.S. House of Representatives and members of the Black Maternal Health Caucus, The Black Maternal Health Momnibus Act is designed to:

steps taken in birth injury cases

Do These 3 Things If You or Your Child Were Injured During Pregnancy or the Labor and Delivery Process

Nearly 28,000 babies are born with a birth injury each year across the U.S. That equates to 2,333 per month, 538 per week, 76 per day, and 3 per hour, according to the National Healthcare Quality Report (AHRQ). AHRQ researchers say about half of those could have been avoided. Medical staff, including obstetric physicians, pediatricians, nurses, technicians and medical assistants, can be responsible for these tragic labor and delivery mistakes that cause life-long injuries and circumstances so dire that a tragic death occurs to a mother or her child.

If you can relate to this situation, you may be wondering who to turn to for help, and if you have the right to make a claim. It is natural for parents of a child who suffered a birth injury also to have many questions. We suggest you start with these three steps.

preventable birth injuries related to premature labor

Premature Babies Have Significant Birth Injury Risk of the Brain

Premature babies, especially those born very early, often have complicated medical problems and face many challenges, including a high risk of birth injuries, such as brain damage. These injuries can be the source of great emotional distress as well as extreme financial hardship, especially when preventable and caused by the negligence of a trusted doctor.

A baby is premature when born too early, before 37 weeks of pregnancy and the normal pregnancy should last approximately 40 weeks. Each year, about 1 in 10, or 450,000 babies in the United States is born prematurely, according to the March of Dimes. Depending on how early a baby is born, Mayo Clinic identifies these preterm timelines:

shoulder injuries to infants

Illinois Boy Recovers $8 Million in Damages for Birth Injury

When a baby’s delivery is delayed or the infant becomes lodged at birth, serious complications and injuries can arise. A more common injury in this situation is to the nerve bundles in the infant’s shoulder, which can become pinched, stretched, or pulled. As a result, movement problems arise in the shoulder, arm, and hand. At other times a collar bone or arm bone can break. And in certain situations, the child can be deprived of oxygen, leading to brain injury or death by asphyxia.

On June 29, 2020, the U.S. Court of Appeals for the Seventh Circuit announced a multimillion-dollar reward to an Illinois boy who suffered a shoulder injury at birth after his mother pleaded with the obstetrician of her fear in delivering a large baby. The delivery method the doctor chose ultimately left the boy with a shoulder injury and permanently disabled. Medical experts agreed he would be unable to do certain types of work in the future, resulting in the recovery of over $8 million in damages for noneconomic injuries and lost earnings. The lower court carefully considered the evidence and comparable cases and reached reasonable figures, given the child’s injuries, the Seventh Circuit said.

lawsuits involving obstetricians

Obstetric violence has become yet another vexing problem added to the traumatic experiences that too many pregnant women in America face during both the prenatal and postnatal phases. Much of the maternal distress reported is centered on the prevention of delivery complications and disrespect for decisions through childbirth, but violence and harassment to pregnant moms can also occur.

Examples of obstetric violence can include:

  • the denial of treatment or continuum of care

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.”

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