Archive for the ‘Birth Injury Law’ Category

Bigger Babies Mean Bigger Risk

Friday, January 20th, 2012

As the birth injury attorneys of Passen Law Group are only too well aware, larger and oversized babies carry with them the risk of mild to severe injuries to both the infant and the mother. Oversized babies, and the negligent failure of the physician to recognize the situation and take precautions, are a risk factor for brain injury, cerebral palsy, shoulder dystocia, prolapsed uterus, extensive tearing in the mother, and many other problems.

Unfortunately, a recent study shows that both the weights and lengths of American babies is increasing, and has been for the past several decades. The study, which was published in the current issue of The Journal of Pediatrics, used babies in southwestern Ohio as subjects, and looked at data from the area going back to 1929.

The increase dates back to around 1970. Babies born after 1970 were around a pound heavier than babies born before that date. In addition, babies born after 1970 were more than half an inch longer than babies born before that year.

As a result, babies which would have been considered larger-than average in the 40s, 50s, or 60s are considered average, or even small, today.

These differences, however, even out by about one year of age. The larger infants, however, do not experience slower growth. Instead, the babies born “smaller” – or average for a few decades ago, are experiencing faster growth in their first year, catching up with their larger counterparts. And the researchers did not find any relationship between birth size and later childhood obesity.

The researchers had no definitive answers for the increased size of infants. One possible explanation, however, lies in the size of modern mothers. As a general – but often violated – rule, larger maternal size can lead to larger infants at birth. Maternal BMI (body mass index), like the BMI of other Americans, has risen in recent decades, as well. In the 1930s and 40s, only around 18 percent of mothers had BMIs in the category of “obese.” Between 1990 and 2008, however, nearly half of mothers fell into the category.

The study’s authors include Ellen Demerath, an associate professor of Epidemiology and Community Health in the School of Public Health at the University of Minnesota.

Armed with the knowledge that babies’ size at birth is increasing, it is especially important that obstetricians and other medical providers take extra precautions to prevent birth injuries. The failure to evaluate the infant’s size, and to use monitoring or opt for a c-section where appropriate to avoid injury to the mother and baby can constitute actionable medical negligence.

If you or a loved one have suffered maternal injury or birth injury such as brain damage or cerebral palsy, regardless of the size of the child at birth, talk to an experienced birth injury attorney. Your attorney can help you to determine whether medical malpractice was responsible for your child’s injuries, and can help you to decide whether to take legal action.

If you have any questions about a traumatic birth injury matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Bigger Babies Mean Bigger Risk

Hypoxic Ischemic Encephalopathy

Wednesday, November 9th, 2011

Hypoxic ischemic encephalopathy, sometimes called HIE, is the technical medical term for a type of asphyxia: brain and/or spinal damage caused by a lack of oxygen. When HIE occurs, the body’s oxygen supply is inadequate, and when insufficient oxygen reaches the brain or spine, the cells are damaged.

HIE in infants and children is often the result of medical malpractice at birth. Although hypoxic ischemic encephalopathy is quite rare, with about three infant out of every 1,000 suffering from the condition. For those infants who do suffer, however, HIE is extremely serious, and can lead to death or severe, permanent brain injury.

Indeed, close to twenty percent of infants who suffer hypoxic ischemic encephalopathy during or shortly before childbirth do not survive past infancy. For the eighty percent who do live, over one-quarter suffer permanent brain injury.  These injuries can include developmental disabilities (including mental retardation), epilepsy, and cerebral palsy.

At times, the cause of HIE in a particular infant is unknown. But a number of factors in childbirth are known causes, including:

  • · Umbilical cord problems
  • · Uterine rupture
  • · Maternal hypotension
  • · Placental abruption

Hypoxic ischemic encephalopathy is often tied to a difficult labor, and complications during delivery or childbirth. Whatever the triggering factors, the failure to properly monitor both mother and fetus, and to respond promptly to fetal distress, can lead to HIE.

Diagnosis of HIE in infants is problematic, as symptoms may go unrecognized, or may be generic, mimicking many other conditions. Many birth brain injuries have similar symptoms during infancy, such as seizures. As a result, the diagnosis of hypoxic ischemic encephalopathy must often be delayed until the child is slightly older.

Once the diagnosis is made, the child may need extensive treatments and therapies. Although the damage is generally permanent, victims can – depending upon the severity of the damage – learn to manage their condition. To do so, however, will often require special equipment, years to a lifetime of multiple therapies (speech, physical, occupational), expensive medical treatments, paid caregivers, and other expenses.

If medical negligence was to blame for an infant’s hypoxic ischemic encephalopathy, however, a legal recovery can help to defer some of these costs. If your child has been diagnoses with HIE, talk to an experienced birth injury attorney as soon as possible. A top attorney can help you to determine the causes of your child’s condition, and to decide whether to take legal action.

If you have any questions about your labor and deliver or brain damage that you believe was  caused by negligence at birth, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Hypoxic Ischemic Encephalopathy

Pitocin and Brain Injury

Wednesday, November 2nd, 2011

pitocin negligence1 Pitocin and Brain InjuryIn the modern age of labor and delivery, an increasing percentage of laboring mothers are administered Pitocin to induce or speed labor and delivery. There is, however, a dark side to the now-widespread use of Pitocin: the very real danger of complications and severe Pitocin birth injuries to both mother and baby.

What is Pitocin?

Pitocin is a synthetic version of the hormone oxytocin, which causes contractions in laboring mothers. But oxytocin is released in short bursts during labor. Pitocin, by contrast, is generally administered via an intravenous pump, which releases the drug in a continuous stream.

Women who have experienced labor both with and without Pitocin universally report that Pitocin causes sharper, harder, more painful labor and contractions.

Complications of Pitocin

Discomfort is not the true worry of Pitocin, however. The sharper, harder contractions which lead to increased pain can also lead to a number of very serious side effects. Serious, even deadly complications of Pitocin include:

  • Ruptured Uterus
  • Premature placental separation (which in turn can lead to oxygen deprivation in the baby, brain damage, or even death)
  • Post-birth hemorrhage in the mother
  • Asphyxia or hypoxia in the infant
  • Brain injury in the infant
  • Cerebral palsy in the infant
  • Paralysis or permanent disability
  • Stillbirth or maternal death

Negligence at Birth Can be Catastrophic to Baby or Mother

Due to the very real, very serious risks of Pitocin, the drug should never be used without fetal monitoring. And the drug should never be used without a surgeon and anesthesiologist available to perform and emergency cesarean-section, if necessary.

But fetal monitoring can only do so much. Fetal monitoring provides a proxy for the baby’s condition by monitoring his heartrate. Yet, Pitocin often causes injury by causing too-frequent contractions, known as hyperstimulation of the uterus or tachysystole, thus preventing the placenta from replenishing its (and thus the infant’s) oxygen supply.

Fetal heartrate monitoring can only reveal the fetus’ eventual response to this problem. If the physician and medical staff do not respond immediately to a change in fetal heartrate, the damage may already be done. Indeed, the physician and staff should, in the exercise of due care, respond to hyperstimulation or too-frequent contractions before any change in fetal heartrate is detected.

If you or your infant suffered serious, permanent injuries at birth after the administration of Pitocin, it is possible that you were the victim of medical negligence. Although every case is different, the failure to use fetal monitoring, to respond immediately to any change in fetal condition, or to respond to your concerns about the frequency or severity of contractions are all indicators that your doctor may have violated that standard of care.

If you have any questions about your labor and deliver or brain damage that you believe was  caused by negligence at birth, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Pitocin and Brain Injury