Archive for the ‘Birth Injury Law’ Category

Life-Threatening Risks Not Disclosed to Study Participants, Govt Finds

Friday, April 12th, 2013

premature baby study 300x200 Life Threatening Risks Not Disclosed to Study Participants, Govt FindsAs reported in yesterday’s New York Times, more than a thousand families who allowed their premature babies to receive oxygen treatment as part of a government-funded study were never told by the universities conducting the study of serious risks to the newborns, including blindness and death.

The Office for Human Research Protections — whose job it is to safeguard participants of government-funded studies — sent a letter to the 23 academic institutions that participated in this study, including Yale, Brown Duke and Stanford, raising these concerns.

In total, 1,300 premature newborns participated in this study.  About half of the babies were given a high-oxygen course of treatment, and the other half were treated with low-oxygen.  The study found that babies in the high-oxygen group were more likely to develop eye disease and blindness, and babies in the low-oxygen group were more likely to die.

Given the extremely premature delivery (prior to 27 weeks gestation) of the babies involved in this study, they were already at higher risk for eye disease and death.  Still, the government office’s letter indicates that the oxygen treatment in the study was associated with increased rates of death and blindness.

However, parents of these children were never advised that the risks of participating in this study included blindness and death.  This is completely unacceptable and reprehensible.

The law regarding “informed consent” clearly required the universities to advise parents that this type of high-oxygen and low-oxygen therapy may result in increased risk of blindness or death.  The failure of these universities to do so is outrageous and may very well serve as a basis for a civil action for negligence or wrongful death.

To speak with one of Passen Law Group’s top-rated attorneys, call us at 312-527-4500.

Study Finds Brain Imaging Can Predict Pain Intensity

Thursday, April 11th, 2013

fMRI Detect Pain 300x194 Study Finds Brain Imaging Can Predict Pain IntensityPain and suffering is often difficult to measure, even by the most experienced pain specialists.  Patients are typically asked to rate their own pain on a scale of 1-10.  Although there are objective ways to confirm physical and psychological injuries consistent with pain, the nature and extent of pain is typically measured by the patient’s own subjective self-reporting.

A new study published in the New England Journal of Medicine finds that brain imaging can be used to objectively assess pain — both physical and emotional pain.

The study involved a total of 114 patients who underwent functional magnetic resonance imaging (fMRI) — a unique and new form of neuroimaging — while being stimulated with heat-induced pain, as well as “social pain.”

What is Functional Magnetic Resonance Imaging (fMRI)?

fMRI is a relatively new form of neuroimaging used to measure brain activity by detecting changes in blood flow that occur in response to certain stimuli. fMRI can identify the parts of the brain that are involved in certain mental processes.

fMRI use is controversial, because it is a relatively new neruoimaging technique.  However, fMRI can be extremely beneficial to identifying a brain injury in patients who are symptomatic of neurologic dysfunction, yet have “normal” brain scans using typical imaging techniques.

As the above-mentioned study demonstrates, fMRI can also be extremely helpful in identifying pain.

fMRI to Identify Physical and Emotional Pain

The study found that in those patients who were subjected to heat-induced pain while being imaged with fMRI, a “nerologic signature” emerged:  increased brain activity in the thalamus, posterior and anterior insulae, secondary somatosensory cortex, anterior cingulate cortex, periaqueductal gray matter, and other regions of the brain.

Even more interesting, the study found that fMRI was helpful in identifying emotional-related pain — related to depression, post-traumatic stress disorder (PTSD), or other events that cause emotional pain.  When subjecting such patients to “social pain,” the fMRI showed that many of the same brain regions were activated as with physical pain.

In general, the study found fMRI to be over 90% sensitive (or accurate) in identifying physical and emotional pain.

This is a huge breakthrough for pain research and treatment for those with chronic and acute pain — both physical and emotional.  Based on this research, new treatment may be developed to focus on these specific areas of the brain that are triggered, rather than on the conventional approach to attempting to block pain impulses from getting into the spinal cord and the brain.

At Passen Law Group, most of our clients have experienced significant pain — both physical and emotional — as a result of serious motor vehicle accidents, medical malpractice, and other contexts which produce pain.  We welcome these new developments addressed at identifying pain, and hopefully leading to beneficial treatment for pain.

For a Free Consultation with one of our attorneys, Call us at 312-527-4500.

Hypoxic Brain Injury At Birth

Monday, April 1st, 2013

baby hypoxia 300x202 Hypoxic Brain Injury At BirthHypoxia is a word that means reduced supply of oxygen to body tissues, and the term “cerebral hypoxia” refers to reduction of oxygen supply to the brain, leaving the vitals neurons in the brain quickly susceptible to long-term damage or cell death. Anoxia means complete lack of oxygen to the tissues.

In the context of child birth, this type of brain damage to a baby can be catastrophic.

Depending upon the location of the oxygen-deprived tissues, and the length of time that passes before oxygenation is restored, various types of brain injuries can occur. They can be categorized in several ways. The most useful way for someone trying to understand an injury suffered by a friend or family member is through the classification by severity and location of injury. For brevity, at the moment it suffices to say that injury can be as mild as “diffuse cerebral hypoxia,” which refers to impairment of brain function, either moderate or mild, due to low oxygen levels in the blood. Oxygen is carried in the red blood cells, and oxygen saturation levels measure the amount of oxygen. When our red blood cells have made one trip through the body, not all of the oxygen is released. Therefore, we still have a short time, less than 5 minutes, before our bodies completely utilize all the oxygen stored in our arterial system. Oxygen saturation drops rapidly without intake of fresh oxygen.

The most severe category of injury is a massive cerebral infarction. An infarction refers to cell death, and cerebral infarction is the death of neurons in the brain. This type of injury occurs when oxygenation to the brain is completely disrupted for a short period of time, whether due to an internal event, like a blood clot, or to an external event, such as choking, or, in the event of a neonate, something as unfortunate as the umbilical cord wrapping itself around the neonate’s neck, and cutting off blood flow through the carotid arteries, the major blood supply to the brain.

During pregnancy, the oxygen level of the infant is dependent upon the placenta, which plays the role of the lungs for the fetus. While in utero, there are various events that may cause compromise of oxygen to the fetus. Some of these events in the months prior to childbirth are primarily those things that affect the mother’s circulatory system and hemoglobin levels. In trauma of any sort, the mother’s blood pressure may drop because of loss of blood. This compromises the baby’s oxygen supply, and this condition must be corrected immediately or the baby will suffer hypoxic brain damage.

Hemoglobin is the molecule on the red blood cell, which enables oxygen delivery. This is why the mother’s hemoglobin is routinely monitored during pre-natal care, and it is also why the mother is typically given an iron supplement, as iron is necessary in the process of formation of hemoglobin.

Other causes of impaired oxygen delivery in the prenatal period include things that affect the overall health of the fetus, including drug or alcohol abuse or maternal diabetes, which has the chronic effect of vascular disease in the microcirculation. If there is a problem with the position of the fetus within the womb, and circulation from the placenta to the fetus is compromised, then this will result in hypoxia in the uterus. The physician who is delivering prenatal care to the mother should anticipate all of these conditions. Ultrasounds are taken, approximation of size will reveal normal or abnormal signs, anemia in the mother must be corrected, and diabetes should be well controlled.

There are always situations in which the mother receives excellent prenatal care, but unfortunate events occur may go unnoticed or uncorrected. Mild oxygen deprivation may result in difficulty with learning and memory. More severe or long-lasting deprivation of sufficient supply of oxygen to the developing brain may result in severe cognitive problems and problems with motor coordination.

The perinatal period is usually a joyful one, but it is also fraught with potential for mishap. Although today labor and delivery usually goes smoothly, there are more than a few potentially dangerous moments surrounding childbirth.

The mother in labor is typically connected to a fetal monitor, which detects signs of fetal distress. If such signs are detected, the baby should be delivered by caesarean section, if necessary, and no time should be wasted. Fetal distress may result from problems with blood flow to the placenta during labor, or may result because of change of fetal position during the pre-birth period. Low blood pressure in the mother will prevent adequate delivery of oxygen to the fetus.

A prolonged labor, or a separate condition known as pre-eclampsia may result in fetal distress. Some signs of pre-eclampsia to watch for are a significant increase in blood pressure in the mother, coupled with headaches and findings in the urine specimen, All physicians should take pre-eclampsia seriously, and the only treatment is early delivery by caesarean section. If allowed to progress, pre-eclampsia will result in maternal seizures, during which time the blood flow to the placenta may be interrupted, The mother should be immediately placed upon her left side to allow better oxygen flow to the placenta, as preparations are quickly made for delivery.

While in labor, all mothers should be monitored for signs of both maternal problems and fetal distress.

During the delivery process itself, the blood supply to the fetus may become severely compromised by a breech position or a prolonged period in the birth canal. The obstetrician should deal with a prolapsed umbilical cord promptly, or, as noted previously, the baby’s blood supply will be interrupted through strangulation, and blood from the placenta, through the umbilical vein, will not be able to carry oxygen to the baby’s brain.

There is a potentially life-threatening complication of pregnancy, which can occur right up through labor, resulting in both a threat to the mother and to the child. The placenta can either bleed abnormally, or the mother may suffer an early separation of the placenta from the uterine wall. About 1% of women suffer some form of placental abruption, but if there is only a small separation, the mild abruption is usually not dangerous. Most abruption occurs during the last trimester of pregnancy, and some signs are vaginal bleeding and/or abdominal pain that is unrelenting. This should prompt an immediate search for a cause, utilizing ultrasound as a diagnostic aid. Depending upon when in the pregnancy the abruption occurs, and the amount of bleeding it causes, your physician may monitor you in the hospital, or you may have to be delivered right away, as there is a danger that the mother can “bleed out.” In some cases, a hysterectomy is needed to save the life of the mother after delivery.

In any of these cases where an early c-section may be necessary, the physician may give corticosteroids to hasten development of the child’s lungs. Prematurity is associated with underdevelopment of the lungs, and premature babies may require mechanical ventilation.

If your child is born with a hypoxic or anoxic brain injury, you can look back through the events of your pregnancy and delivery to try to understand how this may have occurred. While sometimes brain injury in the newborn due to hypoxia is an unpreventable but tragic occurrence, examining the events of your pregnancy and delivery may help you deal with your feelings of grief by trying to better understand what may have contributed to your child’s brain injury. This is not an exhaustive list of everything that can occur during pregnancy and delivery, but rather is meant to provide a starting point if you are looking for a preliminary understanding of hypoxic brain injury.

For a Free Consultation with one of our Birth Injury Lawyers, call us at 312-527-4500.

Cerebral Palsy and the Littlest Brain Injury Victims

Thursday, May 3rd, 2012

Throughout March, the Chicago brain injury lawyers are honoring National Brain Injury Awareness Month by taking a closer look at various types and aspects of brain injury. Today, we take a closer look at cerebral palsy, a type of brain injury which affects children and lasts for their entire lives.

Cerebral Palsy: The Basics

Cerebral palsy refers not to one specific condition, but to a range of chronic conditions. These conditions affect a victim’s muscle control, movement, and coordination. Cerebral palsy almost always originates from a brain injury in the womb, during childbirth, or in very early infancy. Victims suffer an injury to the part of the brain which manages muscle tone.

The inability to move and control muscles can touch every part of a victim’s life, from simple tasks such as walking, talking, and eating, to more complicated tasks such as working and playing sports. The effects are different, in type and severity, for each victim – because the brain damage each victim suffers is also different. Typical symptoms, however, include muscle spasms and tightness, involuntary movements (“twitches”), problems seeing, hearing, tasting, or smelling, and seizures.

Cerebral palsy falls into three overlapping categories: a victim may have one, two, or all three forms. First, Spastic Cerebral Palsy involves stiffness and difficulty moving. Second Athetoid Cerebral Palsy involves involuntary movements. Third, Ataxic Cerebral Palsy typically involves balance and depth perception issues. The Chicago brain injury attorneys of Passen Law Group have encountered and dealt with each of the three cerebral palsy types.

Cerebral Palsy: The Causes

At base, cerebral palsy is brain damage. It can be caused in several ways – many of which constitute medical malpractice. These include infection, sch as meningitis as a young infant, bleeding into the brain at a young age, particularly in premature infants, or lack of oxygen reaching the brain in utero or during delivery. The infant can suffer this oxygen loss when left too long in the birth canal, delivered with the umbilical cord around her neck, or delivered in a traumatic birth.

Often, the lack of fetal monitoring during delivery allows this injury to occur. The use of forceps and vacuum extraction, or the failure to institute a C-Section when called for, are other common culprits. Cerebral palsy can also result from the failure to provide proper infant just after birth. When jaundice, seizures, or meningitis go undiagnosed, the infant can develop cerebral palsy.

A top Chicago brain injury attorney can help you to determine what caused your child’s cerebral palsy, and whether legal action is warranted. Generally speaking, there is a good chance that medical negligence was to blame for your child’s cerebral palsy if any of the following occurred:

• Emergency delivery, particularly involving vacuum or forceps
• C-section, especially emergency c-section.
• Time spent in the NICU after birth
• The need for oxygen or CPR immediately following the birth
• Seizures as a newborn or infant

Cerebral Palsy: Treatment

There is no cure for cerebral palsy. In a few rare, extremely mild cases, cerebral palsy can be managed well enough to allow the victim to lead a normal life. In most cases, however, the best a victim can hope for is to “manage” the condition well enough to function.

The first step in treatment is assessing the individual victim’s condition. Then, doctors can create a treatment program specifically-tailored to the unique severity and type or types of brain injury which that victim suffered. Treatment plans generally include physical therapy – both professional and at-home, occupational therapy, treatment with a pathologist, and speech therapy – all expensive treatments. Medications, including anti-seizure medications, are often prescribed, and can cost hundreds of dollars each month. When properly handled, a medical malpractice action can lead to a settlement or recovery which can allay these expenses.

For a free consultation with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500.

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.