Archive for the ‘Birth Injury Law’ Category

Treating Seizures in Newborns

Monday, August 22nd, 2011

We often represent parents of a child seriously injured during birth.  Any time a newborn child has health problems, it can be frightening and overwhelming for the parents. This may be especially true when a newborn suffers from seizures.  This unfortunate situation is only compounded by the fact that anti-seizure medications which are often effective in adults, and even children, can have little to no effect when used on infants.

In fact, research paid for by the National Institute of Neurological Disorders and Stroke (NINDS) has not only confirmed this disparity in effectiveness, but helped to explain it. And the good news is that this same research offers a simple suggestion for a more effective treatment for these littlest seizure victims.

By far the most common anti-seizure treatment used in newborns is phenobarbital, a commonly-used anti-seizure medication in adults. But when phenobarbital is administered to a newborn, it does not eliminate seizure activity in the cortex (the outer layer of the human brain, which is responsible for higher-level control).

What phenobarbital does do in infants is eliminate the evidence of seizures. The hallmark convulsions stop, leading parents to believe that the treatment their physician has prescribed is working, when in fact it is not.

This phenomenon is known as electroclinical uncoupling. Once phenobarbital is administered and the convulsions have been quieted, the seizures can only be identified through the use of an EEG (electroencephalography), where electrodes are placed on a victim’s scalp to measure cortex activity.

Infants treated with phenobarbital are thus in grave danger. Seizure activity in the cortex can lead to serious brain injury, which in turn can lead to permanent injury, life-long disability, and even death. In fact, experts believe that infant seizures are responsible for a not-insignificant percentage of the victims of such conditions as cerebral palsy, epilepsy and other cognitive disabilities. But these parents believe that their child is no longer in danger, when in fact the seizure activity is ongoing.

In fact, research performed over the past few years indicated that the effects of phenobarbital may be even worse than previously thought. This research indicates that the drug works by mimicking GABA, a brain chemical which inhibits mature neurons and thus slows or stops seizures, caused by the hyperactivity of neurons in the brain. But GABA has the opposite effect on immature neurons – activating rather than inhibiting.

Researchers believe that neurons deep in the brain (which control the muscles involved in convulsions during seizures) mature faster than those in the cortex. Thus, phenobarbital stills these mature neurons, stopping convulsions, but may actually be exacerbating the seizure activity in the cortex, increasing the likelihood of life-altering or ending brain injury.

Those knowledgeable on infant brain injury thus believe that prescribing phenobarbital alone for infant seizures amounts to medical malpractice. Yet, in spite of the information now available, many physicians continue to prescribe this misleading drug.

Help is on the way. Informed doctors now know that the simple expedient of using phenobarbital in combination with another drug can completely stop seizures, even in infants. Bumetanide, commonly prescribed to adults as a diuretic (and used to treat heart disease and kidney disease in infants and newborns) can block NKCCI, a protein which causes chloride into neurons. This lower chloride level causes immature neurons to mimic mature neurons, and allows phenobarbital to stop seizures at all levels of the brain, even in newborns.

This drug combination is now in clinical trials, and will hopefully be approved soon. In the meantime, parents with newborns suffering from seizures should actively question any physician who attempts to prescribe phenobarbital alone as a treatment.

Moreover, if your newborn suffered seizures, was treated with phenobarbital, and subsequently developed a condition such as cerebral palsy, talk to an experienced brain injury attorney about your circumstances. You may have a case against the prescribing physician for his negligent treatment of your newborn.

Stephen M. Passen has over 30 years experience representing families in difficult birth injury malpractice actions.  For a free consultation with an experienced Chicago birth injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Vacuum Extraction in Childbirth

Tuesday, July 26th, 2011

In today’s column, our Chicago birth injury attorneys discuss vacuum extraction during childbirth.  Vacuum extractors are exactly what they sound like. When vacuum extraction is used in a vaginal childbirth, a soft cup is applied to the top of the baby’s head to create a suction, which creates traction and allows the obstetrician to draw the infant’s head out of the birth canal (and thus deliver the baby). The vaccum seal between the extractors and the infant’s head is, naturally, imperfect. Thus, pressure must be applied continually (at intervals) to the head to keep up the traction and allow for delivery.

Vacuum extractions had been declining in the United States, and now accounts for only ten percent or fewer of vaginal deliveries. But in the past twenty years the number of such deliveries has again begun to rise. This is because forceps delivery has increasingly been acknowledged to be dangerous, leading physicians to select vacuum extraction, instead.

But are vacuum extractions really a better choice? Well, as our experienced birth injury attorneys are only too well aware, vacuum extraction may be the lesser of two evils, but are themselves also quite dangerous, with many infants suffering serious long-term health consequences, or even death, from this controversial technique.

There are certain prerequisites which must be met before vacuum extraction should be considered. First, the amniotic membranes must be ruptures (the “water broken”). Additionally, the mother’s cervix must be fully dilated, and she must be given adequate anesthesia before the procedure is attempted. Moreover, vacuum extraction should never be used without a valid medical indication. Valid medical indications include:

  • Prolonged second stage of labor, without cephalopelvic disproportion
  • Fetal distress during the second stage of labor
  • Interruption of the second stage of labor because of acute bleeding, cardiac or pulmonary disease, pulmonary disease or, in specific circumstances, maternal exhaustion

Maternal exhaustion is often used as the medical indication justifying the use of a vacuum extractor. This indicator, however, is extremely tricky. Exhaustion cannot support the use of vacuum extraction unless the obstetrician has properly determined the cause of the exhaustion. Maternal exhaustion, generally as a result of prolonged labor, is often caused by cephalopelvic disproportion (the circumferance of the infant’s head is larger than the mother’s pelvis) or fetal malposition (the infant is positioned incorrectly and thus cannot move through the birth canal). In either of these cases, delivery will not be accomplished using a vacuum extractor unless the obstetrician applies excessive suction, and the result is often severe birth injuries.

Even if a medical indication is present, there are many contraindications which should prevent the use of vacuum extraction. Because of the likelihood of severe injury to the infant (or mother), vacuum extraction should never be used if any of the following conditions are present:

  • Inadequate trial of labor
  • Fetal malposition, or unknown fetal position or level of descent (station)
  • Any reason to suspect cephalopelvic disproportion
  • Fetal coagulation disorder
  • Previous attempted use of forceps
  • Inexperienced obstetrician

If these requirements are not observed, or if vacuum extraction is performed improperly, there is a greatly increased risk of serious complications for both mother and baby. Although complications for the mother are more infrequent, and less severe, than the complications associated with the use of forceps, they are still considerable. Maternal complications include:

  • Lacerations of the vagina or cervix
  • Blood loss or hematomas
  • Bladder injury
  • Anal sphincter injury or fecal incontinence

In addition, the risks to the infant when vacuum extraction is used are great. Vacuum extraction can often cause subgaleal or subaponeurotic hemmorhage (from rupture of the emissary vein), a condition which causes death in one out of every four infants. Subgaleal hemmorhage in newborns does not occur in the absence of either use of forceps or vacuum extraction. Other complications for the infant include:

  • Bruising or cuts to the face and head
  • Cephalohematomas
  • Facial palsy
  • Shoulder dystocia
  • Intracranial hemorrhage
  • Tentorial lacerations
  • Cerebral palsy

Talk to your doctor well in advance of your due date to determine whether he favors the use of vaccum extraction in delivery. Depending on what you learn, you may wish to switch doctors, or be prepared to stand firm in the delivery room if your physician attempts to use an unsafe delivery practice.

If, however, vacuum extraction was already used in your delivery, and you or your child were seriously injured, you should consult with an experienced birth injury attorney. A knowledgeable attorney can help you determine whether you might have a legal claim, and help you decide whether you wish to pursue such a claim.

For a free consultation with a top-rated Chicago birth injury lawyer at Passen Law Group, call us at (312) 527-4500 or email us at info@passenlaw.com.

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Birth Injury Malpractice and Forceps Deliveries

Monday, July 11th, 2011

Forceps are metal tongs used in childbirth. They are used to apply traction to the baby’s head, in an attempt to move the infant out of the birth canal and into the world. Forceps deliveries, once common, have been on the decline in the United States in the past few years. This is largely due to the increase in the rate of cesarean section in the U.S. – deliveries which once would have been done using forceps (or vacuum extraction) are now routed to c-section, instead.

The choice of c-section over forceps-assisted delivery is often a difficult one for mothers, many of whom fear surgery, and have been dreaming of a traditional childbirth since they learned they were expecting, or before.

But, from a medical perspective, the choice is easy. In fact, the use of forceps, rather than a c-section, can often result in birth injury medical malpractice.

The high risk of severe injury or death to infants delivered using forceps is now well-documented. One roughly one of every three malpractice cases based upon birth injury involves the use of forceps in delivery – a figure hugely disproportionate to the percentage of births in which forceps are used, which is currently around 5 percent. And in those cases, in around one-half of cases forceps were found to have been used in delivery in spite of the presence of warning factors or contraindications. Indeed, a high forceps delivery (use of forceps when the infant’s head is not yet deeply engaged) is extremely risky, and often causes both death of the infant and injury to the mother. This procedure is now always outside the standard of care.

Yet obstetricians continue to insist that the choice to use forceps should be entirely left to the physician, in his or her own experience and preference. This assertion is startling, in light of the evidence that forceps are often used when they should not be, and used negligently. This negligent use can lead to severe complications for both infant and mother.  For the mother, complications can include:

  • Vaginal lacerations
  • Cervical lacerations
  • Perineal lacerations
  • Blood loss and/or hemorrhage
  • Hematoma
  • Bladder or urinary tract injury
  • Anal sphincter injury and/or fecal incontinence
  • Death

For the infant, complications can include:

  • Facial bruising
  • Facial lacerations
  • Cephalohematoma
  • Facial palsy
  • Brain injury
  • Shoulder dystocia
  • Skull fractures
  • Intracranial hemorrhage
  • Tentorial lacerations
  • Cerebral palsy

Delivery with forceps should only be attempted when the factors calling for this delivery method are present. It is almost certainly medically negligent to use forceps in delivery if any of the following conditions is not met:

  • The head of the fetus is engaged, ideally deeply (so that a low forceps delivery can be performed).
  • The fetus is positioned properly – head down (not breech) and not transverse.
  • The physician knows precisely where the head is located.
  • The mother’s cervix is completely dilated (10 centimeters or more).
  • The membranes have been ruptured (the water is broken).
  • The fetal head is small enough to pass through the mother’s pelvis.

The use of forceps when all of these conditions are not met is may constitute medical malpractice. In addition, certain problems in forceps deliveries are almost always the result of medical negligence. For example, physicians now agree that the forceps slipping off the infant’s head (often, but not always the result of unruptured membranes) is almost always the result of medical negligence.

If you are expecting, you should talk to your obstetrician about his position on the use of forceps in delivery. If your doctor favors the practice, you may wish to consider changing obstetricians. Whatever you decide, you should be prepared to insist that only safe practices be used if your physician attempts to use forceps in the delivery-room.

If forceps were used in your delivery, and you or your child suffered serious birth injury or disability, you should talk to an attorney. An experienced birth injury attorney can help you to determine if you have a legal claim.

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

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