Brachial plexus injury refers to any damage to the brachial plexus, or the bundle of nerves running from the neck to the shoulder. The brachial plexus is responsible for supplying the muscles in the upper extremities with the nervous energy that they need, also known as innervation. When the brachial plexus is damaged, innervation might be compromised.
Individuals who suffer from compromised innervation could find that they suffer from one or more of these complications:
- Decreased stamina and strength
- Compromised body movement
- Uneven growth (i.e., the arm with an injured brachial plexus could be smaller and shorter than the other one)
- Impaired bone growth
Some cases of severe and life-long brachial plexus injury have been a result of either negligent medical care or incompetent medical staff during a child’s birth. If you think your child’s brachial plexus injury is a result of another party’s recklessness in the delivery room, learn about the possibility of obtaining financial compensation through a lawsuit. Consult with our team at the Driscoll Firm by calling (800) 900-7704 today.
Erb’s Palsy is a birth disorder that happens when there is an injury to a network of spinal nerves located between the neck and the arm called the brachial plexus. It can affect all or a portion of the arms, shoulder, and hands, and is characterized by muscle weakness of the upper limbs, sometimes even partial or complete paralysis.
With proper treatment, a majority of Erb’s palsy cases are resolved within three to six months after birth. In fact, 70% to 80% of Erb’s palsy cases resolve in the baby’s first year of life. However, severe Erb’s palsy may cause long-term, sometimes even life-long complications. Complications include:
- Complete or partial paralysis
- Muscle atrophy, or the shrinking of muscle tissue due to absent or compromised nerve stimulation. Individuals with severe Erb’s palsy may have an affected arm that is thinner and shorter than the other one
- Impaired bone growth due to a decreased or absent motion
- Joint disorders
At the Driscoll Firm, we help families whose children have suffered from Erb’s Palsy due to medical negligence recover damages from the party responsible. Call us at (800) 900-7704 and have your case assessed for free.
The Whitney family of Virginia is currently involved in litigation with a Hawaii military hospital for the birth injuries their son sustained in 2010. Though the court has approved a $9 million settlement, the family and their legal representative are still preparing for a trial as the settlement is still in need of approval by the Department of Justice.
The case has reached this point of approval once before, only to have the Department of Justice deny the settlement. The terms of the settlement include $5 million cash for immediate expenses and suffering involved with the traumatic birth of the couple’s son as well as $4 million throughout the life of the baby.
The parents of the child born with cerebral palsy include negligent treatment by attending physicians during the birth of their son in their list of complaints. The cited problems include: failing to respond to signs of a uterine rupture, taking an inappropriate amount of time to execute a cesarean section, and failing to consult the obstetrician before birth.
The birth of your child should be a joyful experience. When negligent medical staff cause you and your child injuries during pregnancy or birth, there may be life-long consequences such as your once healthy child developing cerebral palsy. Contact the birth injury attorneys at the Driscoll Firm if you believe a physician, nurse, or other medical representative was the cause of your child’s health condition. Call (800) 900-7704 today for more information on how our legal team can help you.
Cerebral palsy is caused from injuries to the brain or brain malformation during fetal development. The neurological condition impairs motor functions. Unlike other brain damage, cerebral palsy does not progress over time. However, cerebral palsy often comes with associative conditions that can worsen the original impairments by further limiting body functions.
The following list includes the most common categories of cerebral palsy conditions:
- Primary condition: direct result of cerebral palsy, such as poor motor control and muscle tone
- Secondary condition: result of primary conditions, such as inability to chew and breathing difficulties
- Associative conditions: conditions not caused by the brain injury, such as hearing impairment
- Co-mitigating factors: completely unassociated health conditions
Cerebral palsy is unique in each child. The existence of several associative conditions may worsen the primary effects of the disease, making it more difficult to live with the impairments. Without proper care, cerebral palsy can form new associative conditions that require additional medical expenses and treatment.
Living with cerebral palsy can be expensive, painful, and frustrating. If your loved one was diagnosed with cerebral palsy due to a birth injury, contact the Driscoll Firm. Our experienced medical malpractice attorneys may help you and your family pursue compensation for the pain and suffering and expenses that resulted from negligent medical staff who may have contributed to your child’s cerebral palsy. Call us today at (800) 900-7704 for more information.
A Canadian study revealed that genetics could play a role in the development of some cases of cerebral palsy (CP), according to a report by Medical Daily on August 3.
The research, which was conducted by Sick Kids Hospital in Canada and the Research Institute of the McGill University Health Center, involved the study of 115 children diagnosed with CP. Researchers found that 10% of children with the condition have copy number variations (CNVs), which are alterations in the structures within DNA found in less than one percent of the population.
The study calls for genomic examinations to be integrated in the practice of diagnosing CP.
The most common cause of CP is birth asphyxia, which results from the child’s deprivation of oxygen during birth. Unfortunately, birth asphyxia can occur due to poor medical practices or inexperienced medical staff. If negligence is the cause of your child’s cerebral palsy, do not delay seeking justice and compensation. The team at the Driscoll Firm may be able to help you file a case against the parties responsible. Call us at (800) 900-7704 today, and tell us more about your situation.
Parents of a child born with Erb’s Palsy filed a lawsuit naming the United States of America as the culprit behind the medical negligence that led to their son’s birth injuries. The lawsuit is seeking $12 million in damages after the federally-managed Family Health Centers of Southwest Florida, Inc. committed negligence during the mother’s pregnancy and delivery.
The mother of the child was diagnosed with Type II diabetes at the age of 11 and was at a heightened risk of gestational diabetes due to her small stature and above average weight gain during pregnancy. Labor was induced at 38 weeks when she weighed 200 pounds at 4’8’’ tall.
The delivery of the baby showed the possibility of severe metabolic acidosis caused by lack of oxygen during delivery. The baby weighed 9 pounds 4 ounces after birth in comparison to the 7 pounds 12 ounces the pre-birth sonogram showed.
The child was in a NICU center for 26 days, frequently experiencing seizures among other health issues. The plaintiffs claim that the medical staff was not following the standard protocol during birth. This situation may have been avoided through a C-section rather than vaginal delivery.
The parents are seeking $10 million in damages for the ongoing medical treatment of their son and $2 million for the pain and suffering that the family is experiencing.
It is devastating when your child is injured due to poorly trained or negligent medical staff. If your baby was born with cerebral or Erb’s palsy, contact the birth injury attorneys at the Driscoll Firm. Our compassionate and experienced attorneys are prepared to find compensation for the damages you sustained. Call (800) 900-7704 today for more information about how we can help you.
Since cerebral palsy may be caused by the abnormal development of the brain or by a brain injury that occurs before, during, or immediately after birth, the disorder may potentially be attributed to a diverse range of causes, including the following:
- Infection
- Lack of oxygen
- Premature birth
- Contusion
Bearing this in mind, cerebral palsy may be directly caused by any medical professional who fails to maintain established standards of safety and procedure at any point during and after the birth of a child.
If you believe that the malpractice of a medical professional caused your child’s cerebral palsy, you should speak with one of the cerebral palsy attorneys at the Driscoll Firm to begin assessing what legal claim you might have to compensation. To speak with a member of our legal team, please call our offices at (800) 900-7704 today.
A recent study suggests umbilical cord milking reduces the risk of brain injuries, including cerebral palsy, among pre-term babies delivered by C-section, Medical Daily reported on June 30.
The research, which involved 197 infants delivered either vaginally or by C-section before the 32nd week of pregnancy, aimed to compare the benefits between umbilical cord milking, or the process of squeezing placental blood down the umbilical cord and into the baby, and delayed clamping, or delayed cutting of the cord for 30 to 60 seconds.
The results revealed milking was more effective in increasing the flow of blood, improving blood pressure and boosting hemoglobin count among pre-term C-section babies. However, no significant difference was observed among preterm babies delivered naturally.
Some cases of cerebral palsy have been found to be a result of negligent medical care. If your child has developed this life-long condition due to a reckless doctor or untrained medical staff, our legal team at the Driscoll Firm is here to help you. Call us at (800) 900-7704 and have your case assessed for free.
A woman is claiming that the University of Chicago Medical Center is responsible for her child developing cerebral palsy as a fetus due to medical malpractice. She filed the complaint on June 29 in the Cook County Circuit Court.
Latoya Blanchard first visited the hospital when she was seven weeks pregnant. She informed the doctor at the Maternal Fetal Medicine and Genetics Department of the University of Chicago Medical Center that her previous pregnancy had ended in fetal death at 22 weeks.
Blanchard returned at 20 weeks gestation for her first fetal ultrasound. The monitor showed a fetal heart rate of 143 and the mother’s cervix was dilated to 48 millimeters. A month later, Blanchard returned again 6 centimeters dilated and complaining of back pain. An ultrasound revealed a footling breach for which she was given antibiotics, betamethasone, and magnesium.
A few days later, the baby was born at 1 lb. 4 oz. He sustained a grade four ventricular hemorrhage and neonatal seizures which are known for causing developmental delays and cerebral palsy. The lawsuit claims that the medical staff was negligent as it failed to administer progesterone to the mother and failed to offer the mother cervical cerclage to prevent a pre-term delivery.
If your child was born with cerebral palsy or developed the condition due to negligent medical professionals, contact the Driscoll Firm today. Our skilled birth injury attorneys want to find you the compensation and peace of mind that you and your family need. Our cerebral palsy lawyers want to hear from you. Call us today at (800) 305-9800 for more information about how we can help you.
The team at The Driscoll Firm would like to congratulate our co-counsel, Williams Kherkher Hart Boundas, on achieving a $38,000,000 verdict for a catastrophically injured child and her grandparents. A St. Louis jury awarded $23 million in punitive damages on top of $15 million in actual damages to the 12-year-old girl, who was born with spina bifida after her mother took the anti-seizure drug Depakote while pregnant. Spina bifida occurs when a child’s spinal column fails to close all the way, which can lead to both physical and intellectual disabilities.
The jury decided that Abbott Labs did not do enough to warn doctors about the potential birth defects that children could suffer if their mothers took Depakote while pregnant. According to arguments presented by the plaintiff’s attorneys, Abbot failed to adequately present the potential risks associated with Depakote, instead making it seem as though Depakote was no more dangerous than other anti-epileptic drugs.
According to a 2010 study published in the New England Journal of Medicine, Depakote is tied to an increased risk of a number of different birth defects, one of which is spina bifida.
Court documents from this landmark case state that because of these dangers, doctors should prescribe every available alternative to pregnant women before prescribing Depakote.
