• Cleveland Birth Injury Attorney: Feds Settle for $7.5 Million in Tribal Case

    Posted on April 22nd, 2020 admin No comments

    Our birth injury attorneys in Cleveland are often asked: What size of birth injury settlement should be expected? Naturally, that depends on a number of variable factors. No two cases are alike. It comes down to the evidence, how you plead your case and ultimately the decisions of the judge and jury.

    The following provides a birth injury case example: One birth injury litigation case in Los Angeles, California recently resulted in a $7.5 million settlement.

    The case involved a patient who was 40 weeks pregnant presented to a tribal hospital with low amniotic fluid. The infant suffered a brain injury and other severe injuries during delivery. The family sued the federal government for failure to perform proper tests and negligently administering a labor-inducing drug. Due to complications, an emergency cesarean section was performed. This resulted in injuries to the infant which led to developmental delays and other permanent injuries.

    Payment Timeline

    The government settled with the family before trial. Under the agreement, the family received an immediate payment of $3.75 million, with the remainder of the payment to be used to purchase an annuity to provide the child with monthly payments.

    Have you or a loved one been a victim of a possible birth injury incident? Contact our birth injury attorney in Cleveland for a free consultation.

  • Cleveland Birth Injury Lawyer Nightmare: Mother Reported to Child Protective Services

    Posted on March 3rd, 2020 admin No comments

    It’s one thing when you or your child is the victim of a birth injury – but quite another when the hospital decides to call Child Protective Services (CPS) on you.

    It’s a case that shocked even our birth injury lawyer in Cleveland. The hospital later apologized, but only after the new mom had several distressing interviews with CPS. She even had to get a birth injury lawyer to straighten everything out.

    When Kiara Doom’s daughter Aryn was born, she suffered a fractured collar bone, a very common birth injury, especially in “big babies” like Aryn, born at 8 pounds, 14.5 ounces.

    ABC News reports:

    “The whole circumstance was terrible,” she said.

    She stated her now 6-month-old daughter was born with a broken collar bone and after delivery, she noticed Aryn was turning purple.

    “I’m seriously concerned about this arm not moving. The collar bone is still swollen and bruised,” Doom said.

    Her husband asked for an X-ray, but the parents say they were repeatedly told everything was fine.

    “They’re making me feel nuts. You’re the mom, not the nurse. It’s OK,” she said.

    Except for two nurses’ notes, all medical records indicate the baby was perfectly healthy after birth.

    “’I knew something was wrong, that motherly thing,’ Doom said.”

    Unnecessary Trauma After a Birth Injury

    “A doctor let us go with me pointing it out, I said. And my daughter really does have a broken collar bone, shame on you. Please educate your staff so that nobody goes through this again,” Doom told ABC News.

    And then Child Protective Services showed up at her door. The hospital eventually worked everything out, but only after Doom underwent after extensive interviews with CPS.

    “We finally met and were basically told with finality, ‘Sorry, we’re not sorry.’ All I wanted were those words removed from my daughter’s chart,” Doom told ABC News.

    Cleveland birth injury lawyers often find that negligence is the number one cause of birth injuries. If you or a loved one has been a victim of hospital negligence in a birth injury, please contact the professionals at Linton Law Firm for a free consultation.

     

  • Birth Injury Attorney in Cleveland: New Study Finds Autism May Be Connected to Birth Injury

    Posted on August 5th, 2019 admin No comments

    Our understanding of the nature of birth injury continues to change, as our birth injury attorney firm in Cleveland can attest. And it continues to disclose new details.

    Here’s the latest. Autism could be added to the list of potential birth injuries, a new study suggests. Researchers have noticed that autism rates are higher in cases of premature c-section deliveries, suggesting a possible link.

    The Study

    Researchers at Neurochlore, Ben-Ari Institute of Neuroarcheology monitored brain size in ASD mouse models before, during and after birth. They published results in the journal, Science Advances, finding evidence that the birth process may play a role in the development of autism.

    Medical Express reports:

    “In looking at the images, the researchers found that the brains of normal mice stopped growing in size for a period of time prior to birth and remained at that size for a period after birth. They suspect the pause was to help the brain cope with the trauma of birth. In ASD mouse models, things were different, however—the brain was larger after birth (specifically in the hippocampus), suggesting its growth had not been suppressed during delivery and in the time shortly thereafter. They also found that administering the drug bumetanide to the mice before delivery prevented the abnormal brain growth from occurring.”

     

    It’s a finding our birth injury attorneys in Cleveland find interesting, to say the least. Birth is a very delicate process. There’s so much on the line when it comes to a child’s development.

  • Cleveland Birth Injury Lawyer: Why Ohio Needs Midwife Regulations

    Posted on February 11th, 2019 admin No comments

    Why is birth injury particularly prevalent in the state of Ohio?

    That’s a question we get asked a lot at our birth injury lawyer firm in Cleveland. One driving force is the fact that Ohio is one of more than a dozen states that don’t regulate its midwives.

    And that’s a problem —  because more and more babies are being born at home. Accounting for just .8 percent of births a decade ago, out of hospital births have nearly doubled to more than 1.5 percent.

    An Increasing Need for Regulation

    Most states have passed laws recognizing and more importantly regulating direct-entry midwives —  the largest group of out-of-hospital delivery providers.

    Most midwives are trained via midwifery schools or apprenticeships and rarely collaborate with physicians or hospitals.

    Of the more 400,000 out-of-hospital births attended by midwives in the past decade, 60% were attended by a midwife who had no official nursing training.

    No Medical Training Required to Facilitate a Birth? Really, Ohio?

    And Ohio currently has no law on the books to regulate midwives.

    “The legislature didn’t really care about that population, and so it evolved without animosity,” said Virginia Buchanan told the Columbus Dispatch. Buchanan is a Florida birth injury attorney representing the family of a child who died in an out-of-hospital birth. “They sort of snuck in and established a presence, and it just has sort of grown. Somewhere along the lines, it just got overlooked.”

    Our birth injury lawyers in Cleveland receive numerous cases every year that did not have to happen. Write your legislator and advocate for the regulation of the midwife field.

  • Cleveland Birth Injury Lawyer: Trauma & Hormones Lead to Smaller Male Babies

    Posted on December 3rd, 2018 admin No comments

    You don’t need to be a birth injury lawyer in Cleveland to understand why high levels of trauma in a mother could affect the health and weight of a newborn. But now, we have the science to back up basic gut instinct and common sense. A study published last September in Science Daily found that women who have experienced intense trauma tend to give birth to significantly smaller male babies.

     

    The finding is, that it wasn’t the stress alone that likely led to lower birth weights, but hormones.

     

    “Only women who had both a history of trauma and higher levels of cortisol secretion experienced lower birth weights; trauma alone was not sufficient,” Science Daily reported.

    Only Males Babies Seem Affected

    The phenomenon was only seen in male babies. “This is consistent with other data that shows that male fetuses are more susceptible to effects of maternal stress on intrauterine growth,” Science Daily reported.

     

    “Identifying a prior history of trauma and providing interventions, for example treatment for associated mood disturbances, could lead to improved perinatal outcomes that have lifelong implications for health of mother and baby,” said the study’s first author, Julie Flom, MD, MPH, fellow in the Department of Allergy and Immunology at Icahn School of Medicine at Mount Sinai.

    Self Care; Love Yourself

    The bottom line? Expecting mothers should take care of themselves because in doing so they also take care of their developing babies. Pregnancy and giving birth are naturally stressful events, as any Cleveland birth injury lawyer will tell you. But don’t forget a little self care. Take a relaxing bath. Put on soothing music. Talk with and enjoy spending time with your partner. Nurture yourself because you will soon be nurturing a little one who needs all the love they can get.

  • Cleveland Birth Injury Attorney: Infant Head Circumference and the Risk of Cerebral Palsy

    Posted on August 20th, 2018 admin No comments

    Birth injury attorneys in Cleveland, get asked this all of the time: what should pregnant mothers be most concerned about when it comes to increased birth injury risk?

    A recent German study points to large head circumference in full-term newborns as a risk factor for both brain damage and cerebral palsy.

    The study, “White Matter Damage in 4,725 Term-Born Infants Is Determined by Head Circumference at Birth: The Missing Link,” was published in the journal Obstetrics and Gynecology International.

    Science has long known that injuries to the white matter of the brain put the baby at risk for cerebral palsy, but now it has found that head size greatly increases the risk of those injuries.

    Re-examined Data, New Discoveries

    A recent study re-examined previous data that included cranial ultrasound screenings of 4,725 term-born infants (born 37-43 weeks gestation) taken from the first day of birth to day 30. They created a data index included weight, length, and head circumference and found that head size was the greatest risk indicator.

    “By using MMI for white matter damage assessment, unremarkable term-born infants presenting an MMI >90% and <10% centile now can be selected for head imaging as a standard of care to provide a cost-effective basis for potentially curative treatments such as autologous cord blood mononuclear cells…,” the researchers wrote.

    “We propose that prospective risk management should routinely include sonographic monitoring of head circumference rather than biparietal diameter during late pregnancy, though perhaps technically difficult, to prevent prolonged labor and hence increased the risk for white matter damage in babies beyond 75% centile,” they added.

     

     

     

  • Cleveland Birth Injury Lawyer: The Healing Benefits of Reiki Explored

    Posted on June 25th, 2018 admin No comments

    As any birth injury lawyer in Cleveland understands, surviving a birth injury can be a very traumatic process. Aside from the physical recovery, there is also mental, spiritual and psychological healing that needs to be done. Fortunately, those who are struggling to get better have a variety of tools and therapy exercises available.

    One therapy that many have benefited from is Reiki. Many women who have experienced birth injury and are considering having another child are using it to not only recover from the past trauma but prepare for their next birth in order to hopefully have a better experience.

    In a recent Channel 19 edition of Jamie’s Baby Diary, Jamie Sullivan sat down with Joyce Poplar, an internationally certified childbirth educator and doula for 30 years, to discuss the practice of Reiki and Hypnobirthing.

    Essentially, Reiki “is a gentle hands-on therapy between a practitioner and client which promotes calmness and peace of mind, as well as pain relief,” Sullivan explains in her blog.

    Hypnobirthing focuses on the release of fear and reliance on an innate paternal instinct during the birthing process.

    “Pregnant mothers do a wonderful job growing their babies during those nine months. On the last day of you being pregnant, the body knows exactly what to do,” Sullivan explains in her blog. “It is very powerful.  Birth is a mindset and going deep into the primal space where you connect with your inner power.  Many times, this eliminates the use of drugs during labor.”

    The Value of Alternative Approaches

    If you have suffered birth injury, our birth injury lawyer in Cleveland highly recommends exploring a variety of therapies and approaches when it comes to healing and recovery. Every woman’s body is different, and it helps to keep an open mind as you discover what your body really needs to heal.

  • Cleveland Birth Injury Lawyer: Why are Home Births on the Rise?

    Posted on March 26th, 2018 admin No comments

    It’s a question our birth injury lawyer in Cleveland gets asked a lot: Are hospital births safer than births at home?

     

    As lawyers, it’s really a question best left to doctors, midwives and most importantly the parents. How and where you give birth is really of a personal nature. What we can tell you is that out of the hospital and at-home births are on the rise, many times due to concerns about the current healthcare establishment in the US.

     

    Deliveries out of the hospital have grown from one-percent to one and one-half percent, according to a study published in Scientific American. In 2014, there were almost 60,000 out of the hospital births in the US.

     

    And yes, the medical system is most likely to blame. “I think it speaks to some women’s growing discomfort with the standard hospital-based system of childbirth in the U.S,” Marian F. MacDorman, lead author of the Maryland Population Research Center at the University of Maryland in College Park, told Reuters. “Currently, it seems difficult for women wanting a natural birth to be assured of having that experience in the hospital, where one out of every three U.S. births are delivered by cesarean section, and where induction rates and other interventions are very common.”

     

    About 1 in every 44 births to non-Hispanic white women took place outside of a hospital.

    How Safe is Home Birth?

     

    The study did not include data on infant mortality or birth injury. Regardless, most international studies have not found any higher risk of stillbirth and early infant death for out-of-hospital than for hospital births, MacDorman points out.

     

    Our birth injury lawyers in Cleveland can certainly understand expectant mothers’ concerns. Birth injury is certainly on the rise in the United States, and it’s best to take precautions.

     

    The bottom line? It’s your body, your baby, your choice. Decide what’s best for your family.

  • Birth Injury Attorney Cleveland: Don’t Push. Instead, Relax and Reposition.

    Posted on January 30th, 2018 admin No comments

    What’s the easiest way to avoid birth injury? Our birth injury attorney in Cleveland has some easy advice: Don’t push it.

    A new birth program designed by staff at Medway Foundation Trust in Kent has found that the risk of birth injury can be greatly reduced when women are not asked to push. Mothers are instead encouraged to slow down and try a variety of birthing positions. Instead of pulling the baby, assistants merely help to support the weight of the baby.

    Sound a little like old wives tales? The data shows encouraging results. The program has been shown to reduce unintentional damage to the birthing mother by as much as 85 percent in some maternity wards, and reduce the incidence of traumatic tearing from 7 percent to just 1 percent of mothers.

    Positioning can be key

    “The new guidelines recommend women do not birth on their backs, but rather change positions and try standing, leaning, or on their knees…,” an article in Natural Birth Magazine explains. “The other new guideline is to coach labouring mothers to breathe through their contractions and not force themselves into pushing – letting the body and gravity help move the baby along. Pulling the baby by the shoulders is also being discouraged as of course it can put more pressure on the mother’s perineum, instead they’re being advised to support the weight of the baby.”

    So relax. Move. Switch it up. Avoiding the push can dramatically reduce your chances of birth injuries and the ultimate need for a birth injury attorney in Cleveland.

  • Cleveland Birth Injury Attorney: Earlier Helmet Therapy Reduces Infant Skull Flattening

    Posted on October 20th, 2017 admin No comments

    It’s promising news for any clients of our birth injury attorney in Cleveland whose child suffers from skull flattening. A recent study has found that starting helmet therapy earlier produces better results.

    The  study was published in the August issue of Plastic and Reconstructive Surgery®, the official medical journal of the American Society of Plastic Surgeons (ASPS).

    The study analyzed the results of helmet (molding orthosis) therapy on 144 infants. The babies were divided into groups based on age at starting helmet therapy (before 24 weeks, between 24 and 32 weeks and 32 weeks or later) and severity of plagiocephaly (mild-to-moderate or moderate-to-severe).

    The journal reports:

    “Helmet therapy reduced skull flattening in all three age groups but was more effective when treatment was started at younger ages. Among  infants with mild-to-moderate plagiocephaly, helmet therapy was rated successful in 83 percent of those who started before 24 weeks. The success rate decreased to 69 percent for infants starting treatment between 24 and 32 weeks and 40 percent when treatment was started at 32 weeks or later.

    Younger age at treatment also led to a higher success rate for infants with moderate-to-severe plagiocephaly: 50 percent, 30 percent and seven percent, respectively. The duration of helmet therapy was about 19 weeks for infants with early treatment versus 25 weeks for those with later treatment.”

    Age and duration had a big effect.

    “The present study shows that age at the start of treatment and positional plagiocephaly severity affect the duration and effectiveness of helmet therapy,” according to the report by Felix Kunz, DMD, of University Hospital Würzburg, Germany, and colleagues. “These two factors are important predictors on the results of helmet therapy for position-related skull flattening.”

    As our birth injury attorneys in Cleveland point out, time is on your side the earlier you take action.