Articles Posted in Birth Injury

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ATLA will be hosting a seminar on litigating catastrophically injured infant cases from February 2-3, 2007 at the Westin La Paloma Resort & Spa in Tucson, Arizona. The program will provide an in-depth understanding of the medical issues involved and a practical approach to proving negligence and obtaining damages in birth injury medical malpractice lawsuits.

To register for the Seminar.

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Virginia has a birth-injury program that provides lifetime medical care beyond what is paid by insurance or other government programs if the infant’s family agrees to give up their right to a medical malpractice lawsuit. Currently, the program may be halted because of the mounting costs for the 100 children who are currently enrolled in the program. The high cost of the program which was supposed to ease the hospital’s burdens from medical malpractice lawsuits really demonstrates that medical malpractice birth injuries are a compounding problem. Additionally, perhaps now the government will see that the amount of money awarded in birth injury medical malpractice lawsuits needs to be large to address the lifetime of medical treatment the victims will require.

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The victim is almost two years old and each passing week continues to be another milestone in his life. The victim’s mother said that the doctors initially said he would live two days, then two weeks, then two months. When the child was born, his doctor committed medical malpractice by giving him carbon dioxide instead of oxygen. This malpractice permanently damaged the child’s brain. He cannot speak, move, eat, or even breathe on his own due to the birth injury. Taking care of him costs $450,000 a year. For those costs, a federal judge awarded the child’s family $16.5 million – the largest damage verdict ever ruled in Hawaii for a single person.

The Medical Center has a long history of medical malpractice. Between January 1995 and July 2005, there were 331 malpractice claims against the Center. Although the Medical Center has accepted responsibility, no disciplinary action has been taken against the Center.

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Levin & Perconti has filed a medical malpractice lawsuit against Evanston Northwestern Healthcare in Chicago, Illinois alleging the negligent delivery of a baby. The lawsuit alleges that during the birth, the doctors failed to perform a sonogram which would have revealed that the baby was macrosomic, or of higher fetal weight than anticipated. As a result, the doctors failed to recommend a Caesarean section delivery which would have been appropriate given the mother’s pre-existing history of gestational diabetes and the baby’s size.

Instead, the baby developed a condition called shoulder dystocia which results when one or both of the shoulders do not properly enter the pelvis during delivery. The baby suffered injury to her left brachial plexus during the delivery process, resulting in her having Erb’s palsy and left arm paralysis. The doctors failed to utilize appropriate disimpaction maneuvers which would have freed the trapped shoulder.

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On behalf of a mother whose child suffered brain damage during labor and delivery, Levin & Perconti filed a medical malpractice lawsuit against Lutheran General Hospital in Chicago, Illinois. The lawsuit alleges that the nursing staff failed to inform the mother of prolonged labor and of the baby’s failure to descend after observing fetal bradycardia. Fetal bradycardia occurs when a fetus’ heart rate drops during the birthing process.

The suit also alleges that the physicians failed to timely perform the delivery of the baby after she failed to progress during the prolonged second stage of labor. Because of the negligent acts of the personnel at Lutheran General, the baby suffered hypoxic ischemic encephalopathy, a form of brain damage.