Cerebral Palsy Law Blog : Cerebral Palsy Lawyer & Attorney : Burke & Eisner Law Firm : Medical Malpractice Lawyers & Attorneys

The Agency for Healthcare Research and Quality (AHRQ) recently released new data on the rate of birth injury in the United States and found that overall the numbers are declining. However, there were still almost 158,000 preventable injuries to mothers and their newborns in 2006 (the most recent year data was available).
 

Birth injuries range from minor bruises and scrapes to brain damage, cerebral palsy, Erb’s palsy and other more serious conditions. According to the AHRQ report, birth injuries were highest among:

• infants born in rural areas
• infants born in the Northeast
• Caucasian infants
• Infants covered by Medicaid as opposed to private insurance

Though not all birth injuries are preventable, some are caused by medical negligence on the part of a doctor, nurse, physician assistant or other healthcare professional. To learn more about birth injuries that may be caused by medical negligence, check out the articles on our site entitled What is cerebral palsy? and Erb’s Palsy.

 

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Shoulder dystocia refers to a medical complication that occurs when the baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery. When not handled properly, shoulder dystocia can result in serious injuries such as brachial plexus palsy, bone fractures and lacerations, among other things.

While there are a number of risk factors for shoulder dystocia (e.g. maternal diabetes, large birth weight baby, small pelvic bones), the complication can and often does occur without warning. However, a Canadian doctor had developed software that can predict the probability of this complication in women who have reached 37 weeks of pregnancy.

Called the CALM Shoulder Screen, the software system considers such factors as the mother’s height and weight to calculate the risk of shoulder dystocia. Though relatively new, CALM is already being used by obstetricians across the country.

If you’re concerned about your pregnancy, you may want to consider asking your doctor about the risk of complications during delivery and what emergency plans are in place to handle any problems that arise. Some, though not all, birth injuries are preventable with proper planning and care.


 

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When is it too late to sue for a birth injury? – This is a question being debated in a case in the United Kingdom. The case involves a man, now 34, who is seeking damages for injuries suffered due to oxygen deprivation at birth.

In the U.K., individuals may sue for damages up until the age of 21 and this particular case is unique in that the man is filing his case well beyond the legal time limit. His claim, however, is that he was once able to live a relatively normal life whereas his condition has now deteriorated to a point where he requires extensive care.

Shorter Time Limits in the U.S.
In the United States, the statute of limitations (which restricts the amount of time individuals have to file suit) is generally much shorter – usually between one and three years from the time of the injury or the time it was discovered. These time limits are strict and exceptions are rarely made.

It has yet to be determined whether an exception will be made in the case in the U.K. If so, the case would likely be built on faded memories since medical records are usually destroyed after so long a period of time. For this and other reasons, the case raises interesting questions about statutes of limitations on birth injury claims. And not just in the U.K., but in the U.S. as well.

Birth injury claims may involve conditions like cerebral palsy and brachial plexus palsy. Parents who notice cerebral palsy symptoms in their child after a traumatic birth may wish to consult a medical lawyer. A claim against a negligent doctor is viable only if filed within the relevant statute of limitations.

 

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It’s a term you may have heard, but what exactly is Erbs palsy?  Put simply, it is a birth injury that causes damage to an infant’s brachial plexus, the group of nerves that influence the fingers, hands and arms.  It affects one in every 1,000 to 2,000 babies, and given the number of babies born every day in the U.S. alone, those odds are disturbing to say the least.  But perhaps even more upsetting is the fact that this condition is often caused by medical negligence.

Erbs palsy develops as a result of trauma during birth.  Some of the most common causes of the condition include:

• Prolonged labor
• Size of the baby
• Labor inducing medication
• Breech birth (buttocks first)
• Delivery using vacuum or forceps

Another common scenario that results in Erbs palsy is when an infant gets wedged in the birth canal during the delivery.  If a doctor pulls or applies too much force when attempting to extract the baby, it can cause the brachial plexus nerves to stretch or tear, resulting in irreversible damage.  It is from these types of situations that many birth injury negligence cases develop.

A lucky few babies who suffer from Erbs palsy at birth will eventually recover to lead normal lives; however most will not be so lucky.  The condition can manifest itself with symptoms such as:

• Decrease in mobility of the limbs
• Decrease of sensation in the limbs
• Complete elimination of sensation and/or mobility of the limbs
• Limb asymmetry
• Paralysis

The severity of the condition can differ greatly in each birth injury victim, and any or all of these symptoms may be present.  In many cases, they will also be permanent.

Erbs palsy can forever alter the lives of the children it affects as well as the families left to care for them.  If your child suffered a birth injury due to a doctor’s negligence, you have the right to seek compensation for your losses.  Contact a medical attorney today. 



 

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After a three-week trial, a jury ruled that nurse malpractice caused Laine Jelinek to suffer damage to his brain during birth. The injury left Laine with cerebral palsy, and he will require constant care over the course of his lifetime.

The lawsuit filed by Laine’s parents in 2006 cited negligence on the part of a certified nurse midwife and registered nurse. The nurses were accused of failing to act in a timely manner after a fetal monitor showed signs the baby was in distress.

Laine was born in 2005 at Gunderson Lutheran Medical Center in La Crosse, Illinois. The $11.4 million verdict will help pay for past and future medical expenses and also compensate Laine for his suffering and loss of earning capacity, among other things.

“This is not an award…But it will change Laine’s life and make the family’s life reasonable,” an attorney for the family said.

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The United Brachial Plexus Network, Inc. (UBPN) and its Awareness Committee have announced that the 9th annual Brachial Plexus Injury Awareness Week will be celebrated from October 19th through October 26th, 2008.  The goal of the week long activity is to increase general awareness regarding brachial plexus injuries: traumatic injuries that can result in full to partial paralysis of one or both arms.

The brachial plexus is an arrangement of nerve fibres, running from the spine proceeding through the neck, the axilla (armpit region) and into the arm.  Injury to these nerves can result in a paralysis of the arm called Erb's Palsy which is almost always caused during birth. 

The most common cause of Erb's Palsy is dystocia which is an abnormal or difficult childbirth or labor.  The nerve injury  happens when too much force is used in the delivery trying to free a baby that is stuck in the birth canal.   When the baby's shoulder gets stuck behind the mother's pubic bone it is called shoulder dystocia.  However, there are several maneuvers and techniques that can be safely used to free the baby's shoulder thus avoiding damage to the brachial plexus nerves.

If the delivery is not handled correctly, the resulting nerve damage may result in varying degrees of weakness or paralysis of the shoulder, arm and hand.  The amount of paralysis will depend on which nerves in the plexus( network ) are injured.  In some cases the resulting paralysis could be permanent and in others the weakness or paralysis may be minor enough to resolve itself over time. 

This is where we see malpractice cases arise. It is often when communication in the delivery room breaks down, warning signs are missed or people aren't familiar enough with the maneuvers.
 

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It would seem  to be true in the case of a young California boy whose troubled birth has left him with severe brain damage and cerebral palsy.  A Sierra View District Hospital  has agreed to a 4 million dollar settlement.  The obstetrician and nurse anesthetist have also agreed to a settlement but the terms of the settlement remain confidential.

Gabriela Enriquez  was admitted to Porterville Hospital on March 19th of 2006 to give birth to her first child, Jose Carrillo.  Bruce Fagel, Gabriela's attorney, said that the baby's monitor indicated that the baby was in distress over the  last several hours of labor but that those indications of distress were ignored by the nurses and obstetrician on duty.  He went on to say that by the time an emergency c-section was ordered the next morning significant brain damage had occurred from lack of oxygen.

According to Fagel, Jose has severe cerebral palsy and, while his doctors believe his intellectual development may be normal, his motor skills are lacking and he will never be able to walk or communicate normally.

Because the hospital district board is a public agency it was required to approve the terms of the settlement even  though the settlement was reached in private negotiation.  A judge also had to approve the settlement because the plaintiff is a minor.

Court records show the Enriquez/Carrillo suit against the hospital also named as defendants Dr. Jose R. Salas, a Porterville obstetrician; Janet Michelle Bailey, a registered nurse/anesthetist; and Dr. Philip Early, head of the hospital's anesthesiology department.

According to records of the Medical Board of California, Salas was placed on probation in 1999 for three years because of an accusation of "gross negligence" and "repeated negligent acts" stemming from a 1995 birth at Sierra View.

So, how does a 4 million dollar settlement become a 45 million dollar settlement?  It doesn't.  The settlement  is still a 4 million dollar settlement but the 4 million dollars will be placed in an annuity designed to provide a monthly income for the rest of Jose's life - to cover his medical needs, home care and therapy.  Over his lifetime that annuity is estimated to pay him about 45 million dollars.

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Heather Grow's daughter, Cassie, was delivered by caesarian section but only after she had been stuck in the birth canal for over thirteen hours.  In 1997 Heather was told that she had a narrow pelvic arch and that became an issue about two weeks before delivery when her doctors realized that the baby was about nine pounds.

Cassie got stuck in the birth canal clearly being pushed through an opening where she couldn't fit.  Attorney Patrick P.J. Beirne described it as like trying to push a watermelon through an opening the size of an apple.   Not only was Cassie too big for the birth canal but medical workers continued to give Heather drugs to make the uterus contract.  She continued having contractions every couple minutes.  This continued for hours all the while squeezing the baby's head causing brain damage.

Attorney Mark Mueller said that the doctor had a responsibility to ensure that Heather had a safe delivery.

Cassie, now 11, is a spastic quadriplegic. That means she has limited use of her limbs.

She can walk short distances but needs a walker. She can see but because the part of her brain that processes vision was damaged, her brain can't properly interpret what her eyes see. She has problems using her hands, and she is mildly retarded, Mueller said.

"These are permanent injuries," Mueller said.

The vast majority of the settlement is for Cassie's future medical needs  and future loss of ability to perform ordinary activities.

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In Illinois a two million plus dollar award was given to a four year old by a Lake County jury.   His permanent disability was caused when the doctor pulled too hard on the baby's neck during delivery.  As a result the boy suffered severe nerve damage.    He has had two surgeries so far and several physical therapy sessions.   His mother says he may need yet another surgery later this year.

In addition to Dr. Thakar, the lawsuit also named Dr. Thakar's employer, Greenleaf Obstetrics and Gynecology Associates in Gurnee.

"The award will provide for the physical and occupational therapy the child needs for the remainder of his life," Attorney Joe Kolar said. "The jury verdict will help pay for any future surgeries he may need and compensate him for the pain and suffering he will experience for the rest of his life."

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