Articles Posted in Birth Injuries

Learn about birth injury lawsuits and how to maximize the value of these claims for your child.

Cephalopelvic disproportion (CPD) is an obstetrical condition where the baby’s head is too bid in proportion to the size of the pregnant mother’s pelvic bone.  CPD presents dangers for both mother and baby during labor and delivery.  An overly large head means that the baby will have difficulty passing through the birth canal.  This typically means labor and delivery of the baby will be prolonged and stressful.

A baby normally enters the birth canal with its face toward one side or the other of the mother If the head comes into the birth canal or tries to get into the birth canal but cannot because there is a mismatch between the size of the head compared to the size of the birth canal, that is called cephalopelvic disproportion.  This is not a safe situation for the baby because it can cause oxygen deprivation. Continue reading

Pregnancy can make mothers more prone to infection and increase the severity of an infection. This is because pregnancy temporarily weakens a mother’s natural immune system.

Failure to properly diagnose and treat certain maternal infections during pregnancy can be very dangerous for the baby and result in serious birth injuries.

Below is a summary of the most common types of maternal infections that can lead to birth injuries.

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A nice family came in last week with a beautiful little girl who had shoulder dystocia.  Did she have a viable birth injury case?  She has a significant injury if it is permanent and there is a strong reason to suspect malpractice.  The child is so young there is still reason to be hopeful her body will mend itself.

There are a lot of crazy paradoxes with this job, so much so that I’m used to it.  But in cases like this, we are hoping it not a case because that would mean the child got better.

Anyway, this gave me the idea to write a blog post explaining these injuries and how to know, if you are a lawyer or a parent,  if you may have a viable birth injury case.

I stumbled across a just brutal 9th Circuit opinion in S.H. v. United States earlier this year. This case reversed a $10 million verdict in a birth injury case, finding that the foreign country exception bars plaintiffs’ Federal Tort Claims Act (“FTCA”) malpractice claims against the military doctors who treated the mother and child.

law-and-justice-300x200Facts of S.H. v. United States

A U.S. Air Force Master Sergeant is transferred to Spain.  I don’t know if he wanted to go to Spain but it does not really matter, right?  He was ordered to go to Spain.  Before leaving for Spain, they go to Andrews Air Force Base so the military can verify that the family is medically suitable to travel overseas.  At Andrews, he and his wife learn they are pregnant with their third child.  She had experienced two prior preterm deliveries and a miscarriage in the past.

doctor-300x203The Maryland Court of Special Appeals affirmed this week a $4.1 million verdict (reduced to $3.6 million by the cap) in a medical malpractice, birth injury case against the University of Maryland Hospital in Baltimore City.

No one would disagree that the facts of the case are tragic. The plaintiff, now a second grader, was born at 26 weeks of pregnancy. While the child has made unbelievable strides in recent years – and will continue to with God’s Grace – he still cannot run. His IQ is currently in the 80s. Doctors at the trial testified that he will more likely than not be a “disabled worker” when he reaches 18, making his job prospects poor. It is an awful thing. Hopefully, his recovery continues to push him forward and he proves these predictions wrong (I realize I said this already). Continue reading

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