Legal Blog: Birth Injury

$1,750,000 Winning Verdict in Obstetrical Brachial Plexus

The pre-natal course was uneventful for the mom and baby. The mom was brought in for induction because of the pregnancy induced hypertension and suspected large baby. She was completely dilated at 23:00 hours and began pushing.  She had adequate pushing with downward descent of the head.  After about an hour of pushing she was noted to be tiring. A Vacuum was placed on the fetal head.  There is no indication in the medical records that doctor informed the patient of the risk of the use of a vacuum in

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$800,000 Settlement in Brachial Plexus Case

Type of Action: Medical Malpractice Injuries alleged: Brachial plexus injury According to the medical records, the pregnancy was uneventful.  During the course of her pregnancy the mom gained approximately 30 pounds.  As the pregnancy progressed, she was tested for gestational diabetes on three occasions.  Mom was told that she was a borderline diabetic, but she was never placed on a diabetic diet.  A late term ultrasound was performed to determine as estimated fetal size. At term, induction was recommended.  The operative report states that the defendant observed that there was

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mom presented for pre-natal care with a pre-pregnancy weight of 216 pounds and a strong family history of diabetes mellitus. The mother’s father, uncle and maternal grandfather all had diabetes. During the pregnancy the mother showed high numbers on her glucose tolerance testing. Despite an abnormal glucose screen by the 28-week testing, and a strong family history of diabetes, no further glucose testing, accu-check blood sugar monitoring, diet or diabetes counseling was provided. Further, no late

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mothers prenatal care included a one-hour GTT which was abnormal, and she was diagnosed with gestational diabetes. Her pregravid weight was approximately 280 pounds. The mother inquired about her mode of delivery and was informed about indications, risks and benefits of induction, vaginal delivery, the possibility of shoulder dystocia. Despite that the mother was not offered a cesarean section nor did she ever decline a cesarean section to avoid shoulder dystocia. Had the mother been offered

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother had all of her pre-natal appointments with the Defendant doctor. Her prenatal care was complicated by obesity and excessive weight gain. At the time the mother went into labor she was 39 4/78 weeks’ gestation and had gained 81 pounds during the pregnancy. The only estimated fetal weight before delivery was performed by ultrasound at 26 weeks with an EFW of 3700 grams. On admission the baby had an estimated fetal weight of 3800. The

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Brachial Plexus Injury: What you Need to Know

In approximately one to three out of a thousand births, a baby suffers a brachial plexus injury. These injuries can result in monetary loss and lifelong difficulties for both children and their caregivers. As a caregiver, it can be terrifying to think something has harmed your child. Know how to recognize the signs of brachial plexus injury. Know how it can be caused. Know how and when to seek legal recourse. What is a brachial plexus injury? A brachial plexus injury impacts the radian, medial, and ulnar nerves. These nerves,

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Cerebral Palsy Due To Birth Injury

Cerebral Palsy (CP) is a permanent disability arising from abnormal development of the brain, or damage to the developing brain before, during, or following birth. The word cerebral refers to “of the brain,” and palsy means paralysis.  It is one of the most debilitating congenital disabilities, offering no cure and a significant impact on the lives of those affected. CP related to brain damage that occurred before or during birth makes up a majority of CP cases (85%–90%).  In many cases, the specific cause is unknown and unavoidable, but a

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$1.8 Million Jury Verdict in a Brachial Plexus Case

We argued that the doctor pulled too hard on the baby’s head and neck in the presence of shoulder dystocia. The father was at the bedside and saw the doctor pulling on the baby’s head. The defense argued that the baby was hurt coming down the birth canal by the mothers pushing and contractions which the jury did not accept. We used several nationally recognized experts in the area of obstetrics, pediatric neurology and neurosurgery. It was their opinion that the baby was injured due to the doctors use of

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Shoulder Dystocia Injuries: Know Your Rights and Options

Shoulder Dystocia is a complication that can present itself in the delivery room. If shoulder dystocia occurs during delivery, there are a number of maneuvers that can and should be used in order to deliver the baby without injury. In the absence of a proper response by the obstetrician or nurse midwife to relieve the shoulder dystocia, it is well known that injury to the newborn can result. These injuries include injury to the baby’s brachial plexus or the bundle of nerves leading from the spinal cord through the shoulders

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