My child has a brachial plexus injury and is only a few months old....what should i do ?

Brachial plexus injuries have a wide spectrum of nerve impairment. Fortunately most begin anti-gravity recovery of shoulder, elbow, wrist and hand function in the first few months of life. If that is the case with your child (he or she can lift their hand towards their mouth in a sitting position; open his or her fingers wide, lift their arm to the shoulder level), then recovery will probably be full. However, if your child has no or minimal signs of recovery in the first three months of life, you should work with your primary care physician to (1) participate in a therapy program to maintain full range of motion of all joints (2) seek consultation regarding indications for nerve surgery. Republished from the United Brachial Plexus Network website  (UBPN thanks Dr. Peter Waters for contributing this answer)

The attorneys at Kenneth Levine & Associates have an in-depth knowledge about Erb’s Palsy/Brachial Plexus injuries from having litigated numerous cases, enabling us to provide you with the highest level of legal representation. 

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax)Klevine@Klevinelaw.com
www.Klevinelaw.com  

How Doctors Defend Against Erb’s Palsy Cases

If your child suffers from Erb’s Palsy, it may seem clear to you that the delivering doctor committed medical malpractice. After all, the shoulder was impeded or stuck behind the pubic bone (known as shoulder dystocia) at the time of delivery, the doctor had his or her hands on the baby, and an injury was apparent to the shoulder and arm—and no other part of the anatomy— immediately after birth. I agree that cases of Erb’s Palsy, or permanent injury to the brachial plexus nerves, are the result of medical malpractice. 

Routinely, however, medical malpractice defense attorneys representing doctors and hospitals in Erb’s Palsy cases utilize a stock defense against cases brought on behalf of injured children.

Here’s what they rely on: 

The American College of Obstetricians and Gynecologists (ACOG) issued a practice bulletin in 2002 that offers the opinion that approximately 50% of Erb’s Palsy cases occur in the presence of shoulder dystocia and 50% occur without it. Relying upon this source of information, defense attorneys and their experts will claim that the injury occurred naturally as part of the birth, and therefore, the doctor and hospital personnel were not negligent. 

At Kenneth Levine & Associates , we believe that there are many flaws in this analysis, not to mention that ACOG is a trade group with a bias against medical malpractice cases, and we have convinced juries of this. 

It takes an attorney who is knowledgeable about the medical literature regarding Erb’s Palsy to successfully counter the arguments advanced by the defense at trial, or otherwise even the most experienced trial attorney may find him or herself caught by surprise. 

Further, depending upon where the birth occurred , the courts of each state have different rules that affect how parties may introduce medical literature and cross-examine experts about it. 

The attorneys at Kenneth Levine & Associates have an in-depth knowledge about Erb’s Palsy from having litigated numerous cases, enabling us to provide you with the highest level of legal representation. 

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax)
Klevine@Klevinelaw.com
www.Klevinelaw.com  

Cerebral Palsy Risk Factors

Cerebral Palsy Risk Factors

 Cerebral palsy is a disability that a person is typically born with or can develop in the early years of life. There are several risk factors associated with cerebral palsy. In order to understand the risk factors linked to cerebral palsy it’s important to understand the difference between a risk factor and cause of cerebral palsy.
A risk factor is a variable which, when present, can increase the chances that something will happen. A risk factor for cerebral palsy is not the cause of cerebral palsy. It is simply a variable that can increase your child’s chances of developing this life altering disability. If a risk factor for cerebral palsy is present in a child, the parents and health care professionals caring for the child should be on close watch of how the infant develops.

Cerebral palsy risk factors can be associated with both the parents and the child. Some risk factors linked to the parents that can raise the risk of cerebral palsy developing are:

• If the mother is 40 years or older
• If the mother is 20 years or younger
• If the father is 20 years or younger
• If the child is of African-American ethnicity Some cerebral palsy risk factors related to the child that can increase the risk of the disability are: 

• If it is the first child or a child born fifth or later in the family
• If the child is one of a pair of twins, particularly if one of the twins dies in childbirth
• If the child is at a low birth weight (less than 3.5 pounds)
• If the child is premature (less than 37 weeks)

 Some other known risks factors associated with cerebral palsy are:

• Rh or ABO blood type incompatibility between the mother and the child
• Id the mother has German measles or another virus in the early stages of pregnancy
• If the infant is attacked by a micro-organism on the central nervous system

 It’s important to keep in mind that a child can have more than one risk factor at the same time. For instance, if he or she is born underweight and is also a twin.

  If you have any questions about a baby who has been diagnosed with cerebral palsy please contact me directly as you may have been the victim of medical negligence.

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax)
Klevine@Klevinelaw.com
www.Klevinelaw.com   

Klevine@Klevinelaw.comwww.Klevinelaw.com

Brachial Plexus Injury or Erb’s Palsy Medical Malpractice Risk Factors

Brachial Plexus Injury or Erb’s Palsy Medical Malpractice Risk Factors

The United Brachial Plexus Network, Inc (UPBN) recently announced the annual Brachial Plexus Injury Awareness Week (October 19 thru 26). The purpose of Brachial Plexus Injury Awareness is to promote public awareness of brachial plexus injury, sometimes called erb's palsy, to infants during childbirth. For those of you unfamiliar with brachial plexus injuries, they are injuries to nerves that affect the hand, shoulder, and/or elbow often leaving one or both arms with some degree of paralysis.

To promote awareness of the injury, below please find several risk factors for erbs palsy.

If you are an expecting Mom or your child has erbs palsy please read this, erbs palsy can most likely be prevented if you and/or your doctor are aware of the risk factors.

Erb’s Palsy is caused by a number of factors throughout the pregnancy, labor and/or delivery. During the prenatal period risk factors may be present that should indicate to your doctor that a cesarean section (C-section) is necessary due to the risk of shoulder dystocia (the child’s shoulder getting stuck on the mothers pubic bone). These risk factors include but are not limited to: history of gestational diabetes, maternal weight gain of 35 pounds or more, prior shoulder dystocia, birth weight over 8 lbs. 14 oz., unusually formed pelvis and/or short or small stature of the mother.

Additionally a prolonged second stage of labor may indicate the need for a c-section even if none of the risk factors above were present.

Finally, erb’s palsy may be a result of you doctor not properly handling shoulder dystocia during delivery. Here, there may have been no indications of the risk of your child experiencing shoulder dystocia, however, once encountered the doctor may not have performed the necessary procedures. These procedures often include but are not limited to an episiotomy followed by the McRoberts maneuver, Woods maneuver and/or suprapubic pressure.

Please feel to call or e-mail me if you have any questions regarding your childs injury.

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax) Klevine@Klevinelaw.com

www.klevinelaw.com

Birth Complications

Birth Complications

Approximately 30 % of children born in the United States are born via c-section.  The reasons include:

Previous c-section

Large gestational age (LGA) child – large children risk getting stuck in the birth canal a condition known as shoulder dystocia which can lead to erbs palsy and/or a lack of oxygen and  cerebral palsy

Breech Birth or Transverse position – Abnormal position of the child

Umbilical cord prolapse - abnormal position of the umbilical cord increases the risk of lack of oxygen to the fetus by flattening the cord when vaginal delivery is attempted and can lead to cerebral palsy

Placental problems- placental abruption placenta previa

Prolonged labor – labor slows or stops

Fetal distress- child’s heart rate demonstrates signs of distress such as a slow heart rate on the fetal monitoring strips. This can be a sign that the child is not receiving sufficient oxygen to his/her brain and can lead to brain damage

Maternal infections – genital herpes or HIV

High Blood Pressure or Diabetes

Many medical malpractice lawsuits  are based on the theory that the doctors failed to recognize the conditions mentioned above or recognized the condition but failed to perform a c-section soon enough to avoid injuries like cerebral palsy and Erbs Palsy

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax) Klevine@Klevinelaw.com
www.Klevinelaw.com   

Shoulder Dystocia and Brachial Plexus Injury

Shoulder Dystocia is a dangerous situation for the child during birth. Shoulder dystocia can lead to permanent brachial plexus injury.

Shoulder dystocia occurs when the child’s shoulder gets such on the mother’s pubic bone. In most instances the child cannot be delivered without first dislodging the shoulder.

If this is not done properly the child may sustain an injury to a set of nerves called the brachial plexus. Injuries to the brachial plexus are often referred to as Erb’s Palsy. Children with Erb’s Palsy have limited dexterity in one or both arms.

In addition to injuring the child’s nerves, shoulder dystocia can also deprive the child of oxygen. Deprivation of oxygen to a child during birth can lead to the child sustaining brain damage and cerebral palsy.

If shoulder dystocia was encountered during your delivery and your child sustained an injury it is highly likely that medical malpractice played a role in your child’s injury.

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax) Klevine@Klevinelaw.com
www.Klevinelaw.com   

Cerebral Palsy and Infection: Birth Injury Lawyer Obtains $29 Million

November 9, 2011

Cerebral Palsy and Infection: Birth Injury Lawyer Obtains $29 Million

Last month a jury returned a verdict of $29 million in a medical malpractice lawsuitinvolving a child with cerebral palsy.

The lawsuit alleged that doctors at Northwestern Memorial Hospital in Chicago, Illinois failed to treat an infection in the mother prior to her delivery. This untreated infection caused brain damage to the child resulting in cerebral palsy.

If you or your child developed an infection that you think may have caused your child's cerebral palsy please give us a call for a free consultation to discuss your options.

Here is a list of some infections that can lead to cerebral palsy (note: this is just a short list many other infections can lead to cerebral palsy that are not on this list):

Infections in the mother during pregnancy:
Rubella (German measles)
Toxoplasmosis
Urinary Tract Infection (UTI)/Kidney Infection
Chickenpox (varicella).
Cytomegalovirus.
Syphilis

Infections in the child after birth:
Meningitis
Viral encephalitis.

posted by:

Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax) Klevine@Klevinelaw.com
www.Klevinelaw.com   

More Birth Complications During the Night

More Birth Complications During the Night

A recent study of more than 700,000 births found that infant deaths and admission to the neonatal intensive care units were 32 to 47 percent higher during night time deliveries.

These numbers were in line with all admissions in to the intensive care units leading researches to the conclusion that the cause may be that staff fatigue or experience level may be a factor.

posted by

   Ken Levine

Kenneth Levine & Associates,  LLC.
370 Washington Street
Brookline, Massachusetts  02445
617-566-2700
617-566-6144 (fax)
Klevine@Klevinelaw.com
www.Klevinelaw.com