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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Palsy is a term that generally refers to paralysis of some sort. There are several different types of palsy, two of which are sometimes caused by medical malpractice. These two types of palsy are cerebral palsy and Erb’s palsy.

What is cerebral palsy? Thousands of babies are born each year with cerebral palsy, which is actually not a single condition but rather a group of disorders that affect muscle movement and coordination. The precise diagnosis depends on the areas of the body that are affected and how they are affected, but the different types of cerebral palsy include:

• Spastic
• Athetoid
• Ataxic
• Mixed

Cerebral palsy is sometimes accompanied by seizures, mental retardation, vision problems and other health issues. Though it is not a progressive condition (meaning it does not worsen over time), cerebral palsy does not have a cure. Consequently, doctors primarily aim to manage the symptoms with physical therapy, orthopedic devices, occupational therapy and other innovative treatments.

What is Erb’s palsy? Erb’s palsy is a type of injury to the brachial plexus, which is a group of nerves that run from the neck down the arm and into the hand. Brachial plexus injuries often occur during difficult deliveries – for instance, when an infant’s shoulders have to be forced out of the birth canal. In such cases, a nerve in the brachial plexus can be stretched or torn and this may result in paralysis of the upper arm, both the upper and lower arm, or the hand.

Brachial plexus injuries like Erb’s palsy sometimes heal on their own. However, in severe cases, surgery is required for a full recovery. In other cases, the damage may be permanent.

It’s best to seek the expert advice of a medical malpractice attorney if you think negligence caused your child to develop Erb’s or cerebral palsy after birth. A medical lawyer can determine whether you’re eligible for compensation.





 

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Not necessarily — a recent review of medical literature suggests that some infants born with an obstetrical brachial plexus injury (OBPI) fall in a “gray zone,” where it’s not clear whether surgery is beneficial. According to the researchers, approximately half of children they evaluated who fell within this gray zone fully recovered without surgery.
 

The study authors developed guidelines for surgical intervention for children in the so-called gray zone. “The guideline presented in this paper provides another framework for decision-making that includes other areas in addition to biceps recovery or elbow function,” the researchers concluded.
 

In particular, the guidelines take into consideration shoulder abduction and wrist extension scores based on the Active Movement Scale.
 

The study is published in the current issue of the Journal of Neurosurgery: Pediatrics and was conducted researchers at the McMaster Children’s Hospital in Ontario, Canada.


 

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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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Does your child’s school have adequate information regarding his/her brachial plexus injury?  Do the teachers and administrators know which arm is affected, what activities your child should avoid and what activities he/she might need help with?

To help parents provide their child’s school with the information they need, the Brachial Plexus Palsy Foundation has created a form which parents can fill out and give to teachers, nurses, therapists and anyone else involved in the child’s daily life. 

Because each child’s injury is unique, the form has been created so that parents need only check what applies to their particular child. The information sheet also comes with a glossary of terms, which can help others to better understand brachial plexus palsy injuries.
  
Check out the form here.


 

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If brachial plexus awareness is a cause you care about, you can now show your support and raise awareness on Facebook. The United Brachial Plexus Network is one of many causes Facebook users can support, and the group currently has about 200 members.

Facebook users who join the cause can participate in discussions, connect with others who are trying to raise awareness, follow UBPN fundraising goals, and even make donations. It’s also possible to share your cause with others.

There’s also an Erb’s Palsy Awareness cause on Facebook, which has become one of the world’s most popular social networking sites with more than 150 million users across the globe.

If you have a Facebook account, you may want to check out these and other causes you’d like to support. You can also find us on Facebook here.

 

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Treatment options for children with cerebral palsy, Erb’s palsy and similar physical disabilities may include surgery. However, the decision to put your child through surgery can be a stressful one fraught with uncertainty, and this is especially true if the surgery involves a new technique.

Many parents are drawn to innovative procedures, particularly if those procedures offer new hope.
Still, there are a number of important considerations for parents. Understanding this, Dr. Armen Ketchedjian has written a book entitled Will it Hurt? A Parent’s Practical Guide to Children’s Surgery.

In his book, Dr. Ketchedjian offers some helpful tips and guidelines for parents who are considering a new surgical procedure for their child, including:
 

• Research the new procedure in credible medical journals
• Talk to the parents of children who have previously undergone the procedure
• Join a support group related to your child’s condition
• Visit the facility prior to surgery

“The more parents know, the better off they’ll be. New technologies and procedures are being developed all the time, so parents have a lot to learn in a short amount of time following a child’s injury,” he said.


 

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Thousands of babies are born each year with Erb’s palsy, typically as a result of damage during birth to the network of nerves known as the brachial plexus. About 10 percent of babies with Erb’s palsy require treatment, which may include surgery.

 

Surgical procedures for treating Erb’s palsy in infants and small children are highly specialized and extremely delicate, and parents may not know where to turn to get the best treatment for their child.

 

The Mayo Clinic in Minnesota is one of the leading research institutions and treatment centers in the United States for injuries of the brachial plexus such as Erb’s palsy. Surgeons there perform hundreds of specialized procedures each year, using cutting edge surgical techniques to repair nerve damage in babies and children with the condition.

 

Parents can visit the Mayo Clinic website to read patient stories, to schedule an appointment or to find out more about current clinical trials.

 

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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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From the US News and world Report, we now have the best Children's Hospitals in America.  The top 4 were not really a surprise, they were in Philadelphia, Boston, Baltimore and Denver.

It's easier to just read the article at their website.

Here's the link:  USNews.com Tweet this

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If you're looking for resources...well I just found a bunch that you could spend several hours wading through and reading.

First here is an image from the page showing positioning during labor that can lead to a brachial plexus injury.  Image is from   http://www.shoulderdystociainfo.com/whatis.htm



I'm going to dig around that website a bit more, but the information there looks really solid.  So again if you're looking for a place to start your erbs palsy or shoulder dystocia research go check it out.

Also here is a previous post we out out showing a video (medical illustration) of shoulder dystocia.

Shoulder Dystocia video Tweet this

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