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) 305-9800 today for more information about how we can help you.
At any point during labor and delivery, even the slightest of missteps on part of a medical professional may potentially cause a child to develop Erb’s Palsy. As the result of damage to the child’s brachial plexus—a bundle of nerves in the upper arm and shoulder—individuals living with Erb’s Palsy often require substantial medical treatment in order to restore flexibility and strength back to the affected arm.
Some of the early warning signs that parents of children with Erb’s Palsy first observe include the following issues with one of the child’s arm at birth:
- A lack of movement
- A lack or response to touch
- Rigidity of the arm held against the body
- Inability to grip with one hand
Should Erb’s Palsy not be promptly diagnosed and treated, a child may suffer from the following long-term symptoms that are associated with Erb’s Palsy:
- Numbness of the affected arm
- Weakness of the affected arm
- Paralysis of the affected arm
- Muscle atrophy in the affected arm
While symptoms may be successfully mitigated by dedicated physical therapy and surgical procedure, many children continue to struggle with the effects of Erb’s Palsy for the entirety of their lives.
If your child is found to suffer from Erb’s Palsy, you should consult with one of the birth injury attorneys at the Driscoll Firm to learn more about your legal options moving forward. If a negligent medical practitioner is found to be responsible, you may pursue financial compensation that covers medical expenses and the cost of continued treatment. To discuss the particular circumstances that you believe contributed to your child’s Erb’s Palsy, please call our offices at (800) 305-9800 today.
A study by the University of Copenhagen found that inducing labor among women at 37 weeks could possibly reduce the risk of birth asphyxia, stillbirth, and cerebral palsy, according to a report by The Independent on Wednesday, March 4.
Labor induction refers to the use of medications or other techniques to stimulate uterine contraction, and is usually performed only after 42 weeks, when the baby is overdue. However, a recent study, which evaluated 770,936 births over the period of 13 years, revealed that proactively inducing labor at 37 weeks reduced the rate of stillborn births from 1.9% to 1% per 1,000 births. Additionally, peripheral nerve injuries, such as Erb’s palsy, were reduced by 43%, while the rate of cerebral palsy-causing birth asphyxia was down by 23%.
Over the years, countless cases of cerebral palsy have been caused by negligent medical care. If you believe your baby’s cerebral palsy has been a result of a negligent medical practitioner, we at Driscoll Firm can help you seek the compensation you believe you deserve. Call us at (800) 305-9800 for legal advice today.
Erb’s palsy is a type of brachial plexus injury that causes weakness, loss of feeling, or paralysis of the arm. Infants with Erb’s palsy may experience the condition to different extents; a child whose symptoms affect both the lower and upper arm has a global, or total, brachial plexus injury, while another may not be able to move their shoulder, but can move their hands or fingers.
Erb’s palsy occurs when the set of nerves called the brachial plexus has been stretched or ruptured. Difficult delivery, prolonged labor and breech presentation may all cause brachial plexus damage. In some cases, however, an inexperienced or negligent medical staff member may pull the infant’s neck or shoulder in the wrong manner, which may damage his brachial plexus and cause brachial plexus injuries, such as Erb’s palsy.
If you believe medical malpractice has been the cause of your child’s Erb’s palsy, you might be eligible to seek restitution for all the financial damages your family has incurred. Speak with our team at the Driscoll Firm to discuss the wide range of legal options available for you. Contact our firm at (800) 305-9800 today.
The consequences of Erb’s palsy caused by medical error can be devastating, including the severe limitation of flexibility and mobility which can lead to permanent disability. However, for some, the symptoms of Erb’s palsy may be substantially mitigated or nerve damage may potentially be altogether corrected through certain treatments. While these procedures can be prohibitively expensive for some, their impact can dramatically improve a child’s quality of life if successful.
Erb’s palsy is medical disorder that directly correlates with significant damage to a bundle of nerves, known as the brachial plexus, in the shoulder that controls the arm’s muscles. Under some circumstances, this type of nerve damage may be treated through the following methods:
- By surgically replacing any and all damaged nerves
- By performing muscle surgery to improve arm flexibility
- Through extensive physical therapy
For many children, treatment of Erb’s palsy is long-term and will necessitate extensive medical care and rehabilitation
When Erb’s palsy is developed as the result of a negligent doctor’s or nurse’s delivery room error, it is likely that financial restitution may be sought to help pay for the extensive damages that are typically associated with treating the condition. With that in mind, it may be critical that you retain an experienced medical malpractice attorney to help you build and coordinate a legal strategy intended to recover any damages associated with your child’s Erb’s palsy.
The birth injury lawyers at the Driscoll Firm are committed to holding negligent medical professionals responsible for their actions; to discuss the particulars of your case with one of our personal injury lawyers, please call our offices at (800) 305-9800 today.