• The Alarming Trends of Birth Injuries in Cleveland and the USA

    Posted on June 22nd, 2020 admin No comments

    What’s the most dangerous place to give birth in the developed world? It’s an answer that will surprise anyone who isn’t a Cleveland birth injury attorney because the most dangerous place to give birth in the developed world is the United States.

    In fact, more than 50,000 mothers suffer severe injuries during or after childbirth and 700 of those moms die. Most disturbing, at least half the deaths could have been prevented, and half the injuries reduced or prevented with better care, according to a USA TODAY Investigation.

    The USA Compared to the Developed World

    In most developed countries like Germany, Japan, and France, birth injury and maternal death is on the decline. In the USA, however, the number continues to climb. In 2015, it was 26.4 per 100,000 births – the highest in the developed world.

    There was only one state that had the exception: California. By implementing birth safety measures that are the norm in most of the developed world, California managed to halve its maternal death rate.

    “Many hospitals across the country conceded in interviews with USA TODAY that they were not taking safety steps such as quantifying women’s blood loss or tracking whether moms with dangerously high blood pressure got proper medication in time,” USA TODAY reported.

    “Countries around the world have reduced maternal deaths and injuries by aggressively monitoring care and learning from mistakes,” the report emphasized. “The result has been two decades of steady or reduced maternal harms in the rest of the developed world – as U.S. rates climbed.”

    Those are trends that might keep a birth injury attorneys in Cleveland busy filing cases, but they spell terrible news for U.S. mothers, families and children.

  • 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.

  • Birth Injury Lawyer Cleveland: Should You Give Birth at Home?

    Posted on May 20th, 2019 admin No comments

    To home birth or not to home birth? That is the question that every expecting mother faces. It’s not an easy decision – and there is no clear cut answer.

    And as our birth injury lawyers in Cleveland can attest, either choice carries the risk of birth injury – the difference is whether or not there will be medical staff around in case something goes wrong.

    Do the Math on Risk

    First, the facts: statistically, hospital births are safer. When 99% of births were done at home in 1900, about 100 babies per 1,000 tragically died during the birth. Today, when only one-percent of births are done at home, that number has dropped to 5.9 per 1,000.

    About 23 to 27% of first-time mothers giving birth at home, will be transferred to a hospital because the baby will have trouble moving through the birth canal. Mothers who have given birth before have an easier time – only 9% transfer to the hospital because of difficulty.

    And babies who are born at home will die at twice the rate of those born in a hospital. There’s always a risk something will go wrong – such as hemorrhaging, a lack of oxygen to the baby, etc.

    Home Birth Guidelines

    Dr. Robyn Lamar, OB-GYN at UCSF, recommends mothers giving birth at home live within 15 minutes of a hospital, according to NPR. Mothers should also plan on hospital birth if the baby is breech if she is pregnant with multiples or has had a cesarean in the past.

    However, a home birth can provide a more nurturing birthing experience. And women delivering won’t be coerced into pain meds or a cesarean.

  • Cleveland Nursing Home Injury Lawyer: The Tragic Case of the Comatose Arizona Patient Who Gave Birth

    Posted on April 15th, 2019 admin No comments

     

    It’s a story that shocked the country, but it demonstrates how sexual assault is all too commonplace. Our nursing home injury lawyers in Cleveland deal with these kind of issues on a regular basis.

     

    A woman in a vegetative state gave birth. Nursing home staff didn’t even realize she was pregnant. They found the baby suddenly born from a woman who’d been comatose since she was a toddler, fighting for its life.

     

    Last January, police arrested the woman’s suspected rapist Nathan Sutherland, 36, who had worked as a nurse at the facility — Hacienda HealthCare.

    DNA Match

     

    Police reportedly collected a DNA sample from Sutherland which matched that of the child, a boy who was born on December 29th.

     

    “Through a combination of good old-fashioned police work, combing through evidence, talking to people and following up on information, combined with the marvels of DNA technology, we were able to identify and develop probable cause to arrest a suspect,” Jeri L. Williams, the Police Department’s chief, said at a news conference.

     

    Sutherland was a focus of the investigation because he was among the medical staff members at the nursing home assigned to care for the woman around the time authorities believe she was raped.

    The Nursing Home Responds

     

    The center issued a statement apologizing for the rape.

     

    “Every member of the Hacienda organization is troubled beyond words to think that a licensed practical nurse could be capable of seriously harming a patient,” company officials said in a statement. “Once again, we offer an apology and send our deepest sympathies to the client and her family, to the community and to our agency partners at every level.”

  • 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.