California Medical Malpractice Law Blog

News reports that last week a Michigan jury awarded the family of a 15-year-old girl $130 million in damages in a birth injury case. The award marks the largest medical malpractice jury verdict in Michigan history. The case arose as the result of medical errors committed during the labor and delivery process that resulted in brain damage and a broken clavicle. The teen is now a quadriplegic requiring round-the-clock care.

Quadriplegia is a paralysis, brought about by a birth injury or illness, in which sensation and control is lost in all limbs and the torso. Many instances exist where an injury during labor and delivery could have been avoided had problems been observed, properly diagnosed and quickly resolved.

Medical mistakes where a doctor, nurse or other medical professional should have lived up to the accepted standards of care and quickly resolved labor and delivery situations or warning signs in a newborn, can cause paraplegia or quadriplegia. If believe your child suffered a birth injury as the result of negligent care during labor and delivery, it is important to speak with a knowledge birth injury law firm to determine your next steps.

Here, news reports that the mother suffered from gestational diabetes and that the baby girl was larger than expected at birth. However, rather than delivering the infant by cesarean section, the physician in charge induced the girls mother for a vaginal delivery. The infant suffered severe birth injuries as a result. Representatives of the family stated, “They literally crushed the life out of that little baby.” The money awarded represents the costs of providing round-the-clock care and the girls lost wages through 2077.

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This week – October 16-22 – marks International Brachial Plexus Injury Awareness Week – a week devoted to raising awareness about this lesser known birth injury. Brachial plexus injuries – also known as Erb’s Palsy - generally occur during the birthing process and are characterized by weakness in the arm, loss of feeling in the arm and partial or even total paralysis of the arm.

Thousands of newborns are affected by this birth injury each year, with statistics estimating that brachial plexus injuries occur in 2 to 5 out of 1,000 births. Brachial plexus injuries result from damage to nerves in the neck that affect the arm, shoulder and hand movement. These injuries may be caused by the stretching of nerves around the shoulder during birth, often the result of extreme force being applied through the pulling of a newborn’s arm or head during birth. During breech deliveries, excessive pressure on raised shoulders may also cause this birth injury. In nearly all cases, the health care provider who delivered the baby caused the injury. If your infant has sustained a brachial plexus injury, it is important to contact a knowledgeable California birth injury attorney to investigate what happened and determine your next steps.

Several factors point to an increased risk of an infant sustaining a brachial plexus injury, and by taking appropriate precautions, health care workers may be able to avert this injury.

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A recent study published in the American Journal of Medicine has concluded that premature babies have a higher risk of death in young adulthood than full-term babies. According to the premature baby study performed by Dr. Casey Crump from Stanford University, babies who were delivered at 37 weeks of less had a 53% increased rate of death before age 5. After the children reached the age of 18 this risk was calculated to be 31%. Researchers had expected an increased risk of death for premature infants, but were surprised with findings that showed the relative risk of death continued into adulthood.

In addition to the long-term risks, premature deliveries may result in serious infections, pneumonia, jaundice, meningitis and respiratory distress. It may also cause birth injuries such as cerebral palsy. Many known factors exist that a doctor can look for to predict a premature baby. Failing to diagnose and resolve these factors through preventative actions or misdiagnosing the symptoms can lead to an unnecessary premature birth. When a premature delivery occurs as the result of the negligent actions of a health care provider, the health care provider’s actions may constitute medical malpractice.

Further, even where a premature delivery cannot be prevented, specific attention and medical care must be taken to ensure an infant does not suffer a birth injury due to the preterm delivery. If the proper standards are not followed, providers may also be liable for medical negligence.

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A recent report published in Obstetrics and Gynecology studied the link between a mother’s health – including infections – during pregnancy and her baby’s risk of developing cerebral palsy. According to the study, suffering from the common cold and stomach flu during pregnancy were not tied to an increased risk of developing the birth defect. More serious infections, as well as a family history of cerebral palsy or a woman’s history of miscarriage created an increased risk, however the risk remained low.

The study found that some maternal infections like chicken pox and cytomegalovirus were associated with the condition especially when they occurred in the second half of pregnancy.

Although all the causes of birth defects such as cerebral palsy remain unknown, a serious birth injury such as oxygen deprivation that occurs during delivery has been shown to have a strong link to developing the condition. The incorrect use of forceps or other negligent care has also been linked to its onset. Where a birth injury occurs as the result of the result of medical malpractice, it may be possible to recover compensation.

The Centers for Disease Control and Prevention provide that every year about 10,000 infants born in the United States will develop cerebral palsy. Symptoms of cerebral palsy can include loss of movement or other functions related to nervous system. It may cause cognitive difficulties such as the ability to think and learn, and in physical difficulties such as uncontrolled movement of the limbs, difficulty walking, and balance and coordination issues.

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