What to do if your baby has Erb’s palsy

Erb’s palsy is a condition caused by nerve damage around the shoulder, or brachial plexus, and usually occurs during a difficult childbirth. These nerves can be injured due to shoulder dystocia (when a baby’s shoulder gets caught on mother’s pubic bone during delivery), excessive pulling on the head and shoulders, and during a breech birth—also known as a feet first birth.

Birth injuries due to medical malpractice

There are times when a health care worker may not perform up to the standard of care, and this is considered medical malpractice. This can occur during pregnancy and birth, which can cause permanent problems for your child.

Birth injuries can occur because of the negligence on the part of a nurse, doctor or other medical worker. Often, these mistakes are avoidable and occur because of the following:

Too much Pitocin during labor can cause a birth injury

Pitocin is a drug commonly used to induce or speed up labor. It is a synthesized form of a hormone that is naturally produced by a woman’s body when she goes into labor. When administered, it is supposed to result in uterine contractions to assist in the labor process. Unfortunately, it does not come without risk of harm to a baby.

Fetal distress during labor can cause brain damage or cerebral palsy

During pregnancy, a fetus receives oxygen from the mother through the umbilical cord and the placenta.  If that oxygen flow to the fetus is disrupted, it can cause oxygen deprivation (hypoxia), and lead to fetal distress.  That oxygen deprivation can lead to permanent brain damage,hypoxic ischemic encephalopathy (HIE), cerebral palsy (CP), developmental delays, seizures or infant death.

Firm wins major victory in birth injury case

Kline & Specter won a $15 million settlement in a complex birth injury case in which a delay in delivery resulted in the baby suffering cerebral palsy. Litigating the case for the firm were Shanin Specter, Kila Baldwin and Lisa Dagostino. The defendants included a northern New Jersey hospital, a labor and delivery nurse and an obstetrician. The case was complicated by the near total charitable immunity enjoyed by New Jersey and because the obstetrician had only $1 million in insurance coverage.

$100M verdict in birth injury case

A jury handed down a $100 million verdict against a hospital for a Staten Island teenager who suffers from cerebral palsy as a result of a premature birth. The case took years to litigate. The baby is now 17-year-old Stephanie Debes, who, along with a twin sister, was born three months early after staff at St. Vincent’s Medical Center on Staten Island allegedly failed to give them proper care, according to an article in the New York Post.

Cerebral palsy case brings $55M verdict

Rebecca Fielding remembered screaming aloud because it was taking so long for her to get a C-section to deliver her baby at The Johns Hopkins Hospital in Maryland. She went to the hospital after her baby got stuck following an attempt to give birth at home using a midwife. She was told while waiting that doctors were awaiting blood tests, but the waiting continued for two hours. During the wait, her baby, Enzo, was deprived of oxygen and suffered cerebral palsy. Today Enzo is unable to speak or walk or even sit up on his own.