Hawaii Injury Lawyer Blog

A recent study into the causes of autism failed to determine just one cause for the condition but instead identified 16 different factors that contribute to an increased risk of future autism. According to the article published in Pediatrics, “Although there is insufficient evidence to implicate any one perinatal or neonatal factors…[there is] some evidence to suggest that exposure to multiple neonatal complications may increase autism risk.”

Among the factors identified as increasing risk include fetal distress, umbilical cord complications, birth injury, or trauma. Generally, birth injuries occur when the blood flow is compromised during labor and delivery. Doctors and nurses need to take immediate action to increase the oxygen supply to the baby. Lifelong injuries – including erb’s palsy, cerebral palsy and possibly autism - can occur if the supply is not immediately restored.

The failure to take immediate action and act according to the appropriate standard of care may constitute medical malpractice, and the doctors, nurse and hospital staff responsible may be required paying damages – including the cost of a child’s treatment for the rest of their life.

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The family of a severely brain-damaged child has been awarded an $8.5 million settlement in a medical malpractice case brought against the Bayonne Medical Center in New Jersey and three care givers.

Medical malpractice birth trauma cases involve some of the most catastrophic and life-long injuries. One way birth injuries occur is when the flow of blood is cut off during the labor and delivery process. Physicians and nurses need to act immediately to restore the oxygen supply to the baby, such as by performing an emergency C-Section. The failure to act appropriately and promptly may constitute medical malpractice.

According to news reports, the New Jersey birth trauma case stemmed from the alleged failure of the physicians and hospital staff to act promptly during Jose Ordonez’ delivery. In 2005, the boy’s mother – Emily Ordonez - went into the hospital at the first signs of labor. All prenatal tests indicated that Jose was healthy. However, several hours into labor, the heart monitor showed that Jose’s heart rate had plunged from 140 beats per minute to 60, a dangerously low level. Despite this warning sign, the labor and delivery room nurse waited for a half and hour before calling the obstetrician, who then took 22 minutes to arrive at the hospital and then waited an additional 20-30 minutes before performing an emergency Cesarean section.

Jose’s umbilical cord was compressed and he was deprived oxygen, leaving him permanently brain damaged and in need of full-time care. He is unable to see, walk, or hold his head up, and requires to be fed through a tube.

Continue reading "$8.5 Million Medical Malpractice Settlement In Brain Damage Case" »

Recently, several hospitals have implemented policies banning the videotaping of newborn deliveries. Last month, a Maryland woman started an on-line petition supporting the right to tape this significant occasion, drawing attention to the increased number of hospitals prohibiting videotaping. Laurie Shifler was expecting her eighth child and planned to videotape the birth but was told her hospital, Meritus Medical Center, barred all pictures and videos during birth, including those taken on cell phones.

While hospital administration claim the policies are to ensure you and your baby are provided the best care with little distraction, critics point to recent medical malpractice cases where personal delivery videotapes were used as evidence against physicians. In fact in 2007, one family was awarded $2.3 million in a birth injury lawsuit where a video taken by a father in the delivery room showed the nurse-wife using excessive force.

Due in part to physician's concerns regarding the use of videotape evidence in birth injury lawsuits, hospitals around the country are re-thinking their policies allowing cameras in the delivery room. However, if doctors are doing their jobs videotapes would also show that – leading to more transparency in the delivery process.

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A Tennessee woman received a $6 million settlement from the Blanchfield Army Community Hospital after her child developed cerebral palsy. According to the lawsuit, the woman’s doctor delayed performing a cesarean section, and the infant suffered oxygen loss to her brain. The baby developed breathing problems shortly after birth and was placed in an incubator for more than a month.

Generally, birth injuries occur when blood flow is adequate during labor and delivery. When doctors and nurses failed to take immediate action to increase the oxygen supply, profound and lifelong catastrophic injuries can occur. The failure of doctors, nurses, or other hospital staff to act promptly and appropriately may constitute medical negligence.

As a condition of the settlement, the hospital, the doctor and the Army did not admit to any guilt.

The award will allow the family to be able to pay for medical bills, as well as therapy and other costs. As noted by a legal commentator, had tort reform measures been in place, the family would not have received just compensation. “The current system enables the average person to sue the responsible party for (damages from) pain and suffering and for the actual injury.” “Some would ask how will the little guy get justice if we have tort reform?”

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This week marks “international brachial plexus injury awareness week,” a week dedicated to raising awareness about a condition that affects thousands of newborns each year.

Brachial plexus injuries -including Erb’s palsy - are characterized by a loss of movement or weakness of the arm caused by damage to the collection of nerves around the shoulder. In infants, a brachial plexus injury may occur as the result of a difficult delivery, such as a prolonged labor or when the health care professional delivering an infant exerts excessive force, stretching one side of the baby’s neck severely causing nerve damage. Erb’s palsy also results from “shoulder dystocia,” a condition where the infant’s shoulder gets stuck in the birth canal.

For children born with Erb’s Palsy, treatment and outcomes vary. In some cases therapy can help regain arm functionality, while in others permanent paralysis occurs. Although figures of how many infants are affected vary, estimates place the number at two to five infants out of every 1000.

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A former Hawaii Navy family has received an $11 million settlement after their newborn daughter - Kayla - suffered permanent brain damage as the result of a “serious of egregious medical errors.” The settlement was reached on the eve of a federal trial. During Kayla’s delivery, a breakdown in communication occurred between two doctors, leading to the injury.

Children can suffer birth injuries in labor and delivery and immediately after birth – typically sustaining permanent and serious injuries such as Erb’s palsy and cerebral palsy. Birth injuries occur when blood does not flow adequately during labor and delivery. If doctors and nurses are not able to immediately take action to increase oxygen supply a baby, life-long injuries may occur.

Physicians and medical staff who fail to act in an appropriate manner may be legally responsible for medical malpractice.

Here, after the mother had spent several hours in the maternity ward, doctors concluded that the baby was showing signs of distress and needed to be delivered immediately. However, the second-year resident who had been monitoring the mother’s progress and her supervisor experienced a “failure of communication” and the delivery was not expedited by emergency cesarean or other method. Kayla was born with her umbilical cord wrapped around her neck. When she was handed to an intern, the oxygen tube was inserted erroneously, sending oxygen into her stomach rather than her lungs.

Kayla was born with brain damage that caused cerebral palsy and permanent disabilities, requiring constant care and supervision.

Some of the $11 million will go into a fund to ensure that there will be enough money to provide for her care for the rest of her life. In a statement issued on Tuesday, Tripler Army Medical Center accepts responsibility and states, “[T]he circumstances surrounding the November 2005 birth of Kayla McCraw at Tripler Army Medical Center were an unfortunate tragedy. Tripler accepts full responsibility for the outcome, resulting in its decision to support the settlement of the lawsuit brought by Kayla and her family. Tripler is especially gratified in knowing that Kayla will receive the medical care, assistance and rehabilitation that she needs for the rest of her life.”

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Delays in delivering babies - often the result of complications during the birth process - may lead to catastrophic birth injuries due to a prolonged lack of oxygen to a baby’s brain. Where oxygen deprivation occurs, infants run the risk of developing permanent neurological conditions such as cerebral palsy.

“Cerebral palsy” refers to an incurable neurological condition affecting the brain and nervous system characterized by a loss of movement, speech difficulties, and impaired development. Sometimes, signs of cerebral palsy may not manifest immediately at birth but develop over time, typically appearing before a child is 3 years old.

Indications of cerebral palsy include:

• Poor coordination
• Exaggerated movements
• Dragging of one foot or leg
• Lack of facial expression
• Generalized delays in development
• Decreased muscle tone
• Vision and hearing problems

Delays in delivery occur for many reasons, and the decisions physicians or medical staff make may significantly impact the outcome of a difficult delivery. In some instances, performance of an immediate C-section can prevent an otherwise serious birth injury from occurring.

Continue reading "Delivery Delays May Lead To Catastrophic Birth Injuries" »