• 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.

     

  • Cleveland Birth Injury Lawyer: Jury Awards $229M in Record Medical Malpractice Case

    Posted on October 7th, 2019 admin No comments

    As one of the leading birth injury law firms in Cleveland with a proven record, we always like to tell our clients it’s not about the money. Not really. It’s more about holding the medical community accountable for its negligence.

     

    But we’ll also tell you that when a Baltimore jury awarded $229 million to plaintiffs in a recent birth injury case, that’s more than just holding the hospital accountable for its errors. It’s a record – the largest medical malpractice verdict ever awarded in the United States.

     

    “We are grateful to the jury for their careful consideration,” said Mary Koch, attorney to Erica Byrom, whose daughter suffered lifelong lasting brain injuries as a result of a medical mistake. “The verdict of the jury insures that Zubida will receive the care and treatment she needs and deserves for the rest of her life.”

    A Poor Decision Led to Medical Error

     

    The 16-year-old mother had dangerously high blood pressure from preeclampsia. Doctors told her that her baby could die or suffer brain damage. In light of that prognosis, which her attorney’s claim was mistaken, the teen decided to forgo a cesarean section, resulting in lasting brain injuries to her daughter. The hospital plans to appeal the verdict.

     

    “Our hearts go out to this child and her family,” said Kim Hoppe, a Hopkins spokeswoman. “We are confident in the care this patient received and have provided ample documentation clearly demonstrating that we appropriately informed her multiple times of all of the risks associated with her condition. The verdict was not supported by the evidence.”

     

    As Cleveland birth injury lawyers, we’ll also tell you that not only does a financial award hold hospitals accountable, it also guarantees lifelong financial security for those who suffer from malpractice. And that helps to facilitate the healing process, a lifelong struggle that at least becomes a little easier when finances are no longer a concern.

  • 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: 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.

  • From the Desk of a Cleveland Birth Injury Lawyer: Are Midwife Assisted Births Safer?

    Posted on August 31st, 2017 admin No comments

    Most people assume midwife births are just some fad, like the raw food movement or past life regression therapy. But as our birth injury lawyers in Cleveland will point out, the statistics suggest that such births are actually less likely to require a Cesarean section or cause birth injury.

    Currently, about a third of all births in the US are  Cesarean sections, far higher than the World Health Organization-recommended target of 10 to 15 percent.

    But a 2011 study in the journal Nursing Economics found that births led by midwives in collaboration with physicians are less likely to end in a C-section than births led by obstetricians alone.

    The reason? Patience. The birth process can sometimes take a long time, and the US medical community often pushes to rush things along. Midwifes, on the other hand, tend to rely on natural rhythms and resist the temptation to speed things up.

    “It’s a different model,” Ginger Breedlove, the president of the American College of Nurse-Midwives, told the Atlantic. “When you begin intervening at high levels for no medical indication, as with premature induction, elective Cesareans, and forcing women to stay in bed and not ambulate during labor, you begin to create a cascade of domino responses that intervene with normal physiologic processes and change the outcome of birth.”

    The Atlantic reports:

    “The 2011 Nursing Economics study, for example, also found that mothers whose care was led by a nurse-midwife had lower rates of episiotomies, drug-induced labor, and vaginal tearing during delivery.”

    It’s certainly an interesting take on the subject of natural birth, midwives, and medical intervention. And that’s food for thought for any birth injury lawyer in Cleveland or anyone else interesting in lowering the risk for birth injury.