Personal Injury

Social Security 

OVERVIEW

 Accidents are generally the easiest types of cases to determine liability.  Birth cases and immunizations are more difficult.

Statistics show that approximately 27 of every 1000 births in the United States results in a birth injury. In the State of California there are approximately 1500 babies born each and every day.  Imagine how many children are born in the United States every day.

A "birth injury" is defined as any type of damage to an infant's body before, during or just after birth. Complications in the process of pregnancy, labor and delivery can result in a wide variety of complications for a newborn baby. Birth injuries vary greatly - from very minor to being so severe as to cause the death of the infant.

Some common types of birth injuries include skin irritations; temporary paralysis; fractured collar bone; fractured arm; Cerebral Palsy; brain damage; Erb's Palsy and Brachial Plexus Palsy. The most serious birth injuries involve damage to the infant's brain, causing brain damage, traumatic brain injury, seizures and mental retardation. These brain injuries are caused by oxygen deprivation or bleeding inside the brain from trauma during pregnancy, labor or delivery.

There are many "natural" circumstances wherein oxygen deprivation can occur during the labor and delivery process: the umbilical cord can become compressed or twisted in the birth process; the baby is too large to pass through the birth canal easily, or the baby is breach or sideways in the womb.

There are also many circumstances where brain damage or brain injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process: a delay in performing a necessary C-section delivery, complication with a VBAC (vaginal birth after C-Section) delivery - such as uterine rupture, use of excessive force during the delivery, or a miscalculation in the size of the baby, causing a traumatic delivery.

Medical Terms and More Detail

A birth injury is a physical injury to a baby that occurs during the birthing process. Birth injury may also be referred to as a birth trauma. Some examples of birth injury conditions are brachial palsy, bruising/forceps marks, cephalohematoma, facial paralysis due to pressure on the babys face causing facial nerve damage, fractures, or the breakage of small blood vessels in the infants eyes. Birth injury incidents can often be prevented through proper prenatal care and monitoring. The occurrence of a birth injury is much more rare today, due to improved prenatal testing, but the chance of a birth injury still exists, and injuries can be sustained during delivery, although steps to minimize serious birth injury such as cerebral palsy should always be taken. In some cases, the baby sustains a birth injury due to improper techniques, resulting in nerve damage or oxygen deprivation.

A devastating birth injury like cerebral palsy occurs when the brain is damaged before or during birth. Such a birth injury may be the result of improper medical responses to fetal distress. In order to prevent birth injury, hospitals should use a fetal monitor that tracks the heart rate and responses to contractions. Birth injury can occur if the doctor fails to recognize and respond to distress. Children sustaining a birth injury may be only slightly affected, or may suffer permanent damage. A more serious birth injury, such as Erbs palsy or encephalopathy, can result in paralysis or mental retardation. If the birth injury results from the negligence of the medical staff, then the doctor/hospital should be held responsible. Birth injury costs can include emergency surgery, long term care and treatment, medication, etc. Children with birth injury conditions may never be capable of caring for themselves, and the expense of treating a birth injury and achieving the best possible quality of life can be quite high. Additionally, a birth injury is a traumatic, devastating even for the entire family, and parents of a child with a birth injury may be entitled to compensation for the emotional and psychological distress they suffer.

Asthmatic Children with Seizures:  Theophylline May be the Cause

Bronchodilators, can help prevent asthma attacks, and are safe and effective when used properly, but one specific bronchodilator, Theophylline, is known to have a therapeutic range that is extremely narrow and requires careful monitoring.

When doses of this Theophylline were not carefully monitored, an overdose could have readily occurred causing seizures and brain damage in children.

The hazards of Theophylline were known as early as 1981 but the manufacturer concealed this information from pediatricians during the 1980s.

As a result some children who were prescribed Theophylline during the 1980s and who had seizures while treated with this bronchodilator have gone undiagnosed.

Today these children suffer from disabilities caused by Theophylline. If your daughter or son:

             has not yet reached the age of majority

             has asthma,

             was treated with prescription or over-the-counter bronchodilators

             suffered a seizure

             has had learning disabilities of unknown origin

you should take action now.

 If your child was injured at birth, I encourage you to contact me for a free evaluation to safeguard your legal rights.

Contact Attorney Stewart Springer by Using the Contact Form Below:

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