Birth Injury & Birth Defect Lawsuits
Birth Injury and Birth Defects: A birth injury occurs due to trauma during labor or delivery such as oxygen deprivation or professional mistake by a doctor or hospital, and a birth defect often develops during gestation or pregnancy and may result from an abnormality or the failure to detect or diagnose. Birth defects are structural changes present at birth that can affect any part(s) of the body (heart, brain, foot). They may affect how the body looks, works, or both. A birth defect can be found before birth, at birth, or at any time after birth. Most of the time, birth defects are found within the first year of life. They can occur at any stage of pregnancy.
A child may be born with a congenital condition or health problem such heart defect, brain defect, or other condition that could have been avoided, prevented, or diagnosed. A Birth Defect Lawsuit may focus on exposure to environmental toxins or chemicals, unsafe products or dangerous medications. A Birth Injury Lawsuit may result from medical negligence involving a physician, doctor, medical professional, hospital or healthcare facility. Birth Injury and Birth Defect Lawsuits are among the most tragic, emotional, and complex legal claims.
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- Anti-nausea drugs such as Zofran (ondansetron).
- Acne medications such as Accutane (isotretinoin).
- Anti-seizure medications such as Topamax (topiramate) or Depakote (valproic acid).
- Antidepressant medications (SSRIs) such as Paxil (paroxetine).
- Medical and Economic Damages: Past and future medical costs and expenses, specialized care or education, therapy, home treatment and living modifications, and lost wages for parents, family and caregivers.
- Pain and Suffering Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of extreme negligence or willful misconduct.
- DO NOT DELAY IN PRESERVING LEGAL RIGHTS.
- YOU MAY WAIVE RIGHTS IF CLAIMS ARE NOT TIMELY FILED.
- $951 Million: A record-setting verdict involving a delayed C-section delivery and improper Pitocin use.
- $55 Million Medical Malpractice Award: A San Diego, California jury awarded $55 Million to a family after a child suffered permanent brain damage due to hospital negligence.
- 29.5 Million Medical Malpractice Verdict: A significant California verdict involving medical negligence, reduced under California's statutory damage caps.
- $7.5 Million Settlement: A California child suffered brain injury from oxygen deprivation following a ruptured uterus, with allegations the hospital failed to promptly diagnose the mother's condition.
- $6 Million Settlement: A California family secured $6 Million in settlement for a child who developed Cerebral Palsy.
- $48 Million Verdict: A verdict in Missouri resulting from prolonged labor and delayed intervention for fetal distress.
- $29 Million Award: A large award in Wisconsin for failure by a midwife to address fetal heart rate drops.
- $25 Million Verdict: A verdict in Georgia related to the failure to manage severe preeclampsia, resulting in stillbirth.
- Significant Settlements: $18M (Illinois), $17M (New Jersey), $16M (South Carolina), and $10.2M (Wisconsin), with many claims arising from delayed C-sections and negligent monitoring.
- $460 Million: Los Angeles County case involving total paralysis below the neck due to excessive forceps use.
- $120 Million: Los Angeles verdict involving a physician/county for injuries from a botched breech birth.
- $74 Million: California Verdict for a child suffering cerebral palsy due to negligence.
- $59 Million: Contra Costa County verdict for cerebral palsy due to improper management of labor and delivery.
- $49 Million: Los Angeles verdict involving Centinela Hospital Medical Center in Los Angeles for severe brain damage, due to neglected fetal distress and delayed intervention.
- $17 Million: California award for failure to respond to signs of fetal distress.
- $10 Million: California settlement for unnecessary preterm delivery of triplets, resulting in a death and permanent injuries.
- $10 Million: California settlement for delayed C-section, resulting in spastic quadriplegic cerebral palsy.
- $7 Million: California award for hypoxic-ischemic encephalopathy and negligent care..
Many Causes: Different birth defects have different causes, with the causes of many birth defects remaining unknown. A specific condition might be caused by one or more of the following problems:
- Genetic problems
- Chromosomal problems
- Infections during pregnancy
- Lifestyle choices and behaviors
- Exposure to certain medications and chemicals
There are over 4,000 different types of birth defects, ranging from minor ones that don't require treatment to serious ones that cause disabilities or require medical treatment. Every 4 minutes a baby is born with a birth defect in the United States, with approximately 120,000 babies affected by birth defects every year.
Risk Factors
With any pregnancy, there is some risk of delivering a child with a birth defect. This risk increases under any of the following conditions:
- Family history of birth defects or other genetic disorders
- Alcohol consumption, drug use, or smoking during the pregnancy
- Maternal age of 35 years or older
- Inadequate parental care
- Untreated viral or bacterial infections, including sexually transmitted infections
- Use of certain high-risk medications, such as isotretinoin and lithium
- Women with certain pre-existing medical conditions, such as diabetes
Structural Birth Defects
Where a baby is born with a part of the body that is missing or malformed, it is called a structural birth defect. The most common type of structural defect is heart defects. Another common type of structural birth defect is spina bifida. This occurs when a baby's backbone does not form normally, and as a result, the spinal cord and its' nerves may be damaged. Other common structural birth defects include:
- Cleft palate
- Clubfoot
- Congenital dislocated hip
Functional Birth Defects
Functional or developmental birth defects cause a body part or system not to work properly. These often cause disabilities of intelligence of development. Functional birth defects include metabolic defects, sensory problems, and nervous system problems. The most common type of functional birth defects include:
- Down syndrome - causes a delay in physical and mental development
- Sickle cell disease - occurs when the red blood cells become mishappen
- Cystic fibrosis - damages the lungs and digestive system
Metabolic Birth Defects
Where there is a problem with the baby's body chemistry, it is called a metabolic birth defect. Metabolic defects prevent the body from properly breaking down food to create energy. For example, Tay-Sachs disease is a fatal disease that affects the central nervous system and phenylketonuria (PKU) affects the way the body processes protein.
We can help
If your baby was born with a birth defect, you may be entitled to compensation for resulting medical costs, pain and suffering. The law limits the time in which you have to file a claim so you should contact a lawyer as soon as possible. You may contact our office for a free, confidential, no-obligation review of your potential claim.
