Birth Injury Lawyers earn Compensation for Delivery Room Injuries

Sadly, as a New Jersey law firm that handles birth injuries and defects, many families come to us after their child has received a diagnosis of cerebral palsy. By definition, cerebral palsy is a “birth injury” because the condition develops prior to or during birth. However, there are many different types and severities of Cerebral Palsy birth injuries.

Birth Injury Lawyers for Cerebral Palsy

Families, nurses or doctors will usually spot symptoms or constellation of symptoms following birth that will lead to testing for a brain injury like cerebral palsy. These diagnostic brain and nerve tests help pediatricians and neurologists make a more specific diagnosis as to the nature and extent of the child’s brain injury. It is usually after such testing that a family will learn the type of cerebral palsy or brain/nerve injury that is suspected in the child.

birth injury lawyers new jersey philadelphia delivery room injuries Many times the characteristics of the condition depend on the severity of the child’s muscle limitations and what parts of the brain’s cognitive functions are affected. For example, spastic cerebral palsy is the most common diagnosis. Athetoid dyskinetic is the second most common form of Cerebral Palsy afflicting children. Many times, these conditions are not immediately noticed at birth, but sometime after the child begins to develop. These are congenital birth injuries because these types of CP typically develop in utero. However, if a child has this type of birth injury, it does not necessarily mean that it was caused by medical error or a negligent doctor. These types of birth injuries can, and many times do, happen in the absences of medical negligence. A New Jersey birth injury lawyer will need to carefully review all of the medical records to help determine if this type of brain injury was or was not caused by medical malpractice.

Birth Injury that is attributed to Medical Negligence

There are certain types of cerebral palsy that birth injury lawyers and national organizations recognize as types of birth injuries that can be attributed to an injury or accident by a doctor during the birthing process. For example, Erb’s palsy is a palsy recognized by the National Institute of Neurological Disorders and Stroke. This organization makes that clear that although birth injuries can occur at any time, many Erb’s palsy injuries happen during the vaginal delivery of a baby.

Sadly, many of these types of birth injuries are caused by medical errors or medical malpractice. As a New Jersey birth injury lawyer who represents parents whose children have been diagnosed with cerebral palsy, it is important to understand the nature of the condition with which your child has been diagnosed. There are no hard and fast answers as to whether or not certain types of CP can or cannot be caused by medical malpractice or error. We have tried to give you a general outline above. However, it is always best to speak with a New Jersey or Philadelphia birth injury lawyer to get a full and free evaluation of your child’s condition.

Birth Injury Lawyers in New Jersey and Philadelphia

If you have birth a child who was later diagnosed with cerebral palsy, and you feel that the condition was caused by negligence in the operating room, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the team at the Mininno Law Office earn you and your family the compensation you need and deserve.

Birth Defects and Depakote Could be Linked

birth defects depakote new jersey philadelphia attorneys The U.S. Food and Drug Administration (FDA), in December 2009, informed Health Care professionals about the increased risk of neural tube defects and other major birth defects associated with the use of Depakote during the first trimester of pregnancy. Doctors typically warn women who are looking to become pregnant of the correlation between Depakote and birth defects in the first trimester of pregnancy. They should also warn women who are not planning pregnancy but are sexually active of the risks. By the time these woman know they are pregnant, it may be too late to prevent the many birth defects that can occur as a result as Depakote use in the first trimester of pregnancy.

What Birth Defects can Depakote Cause?

Depakote (Divalproex Sodium) is a drug marketed by Abbott Laboratories used to treat bipolar disorder, migraine headaches, and seizures associated with epilepsy. Side effects of Depakote that pertain to birth defects include Spina Bifida (a neural tube defect), craniosynostosis (abnormal skull development), cleft pallet, arterial septal defect (holes in the heart), and polydactyly (extra fingers or toes).

Spina Bifida is perhaps the most significant birth defect tied to Depakote use. It is a developmental birth defect caused by the incomplete closure of the embryonic neural tube. Spina bifida occurs when some of the vertebrae overlying the spinal cord are not fully formed and remain unfused and open. Spina Bifida malformations fall into four categories: Spina Bifida occulta, Spina Bifida cystica (myelomeningocele), meningocele, and lipomenengocele. The most significant form of Spina Bifida is myelomeningocele, which leads to disability in most affected individuals.

Birth Defects in New Jersey

According to the Spina Bifida Association, there are an estimated 2.7 million women of childbearing age that live in New Jersey. Approximately 1,710 people with Spina Bifida live in New Jersey and 1.97 babies are born with Spina Bifida per 10,000 births in New Jersey. The Spina Bifida Association said, “If women were to consume 400 micrograms of the B-vitamin folic acid every day before pregnancy, the risk of Spina Bifida and other serious birth defects could be reduced up to 70%.” If you need resources to learn more about Spina Bifida, there are four clinics in New Jersey located in Mountainside, Edison, Summit, and West Orange.

Birth Defect Attorneys at the Mininno Law Office

If you or a loved are dealing with the tribulations of a child with birth defects, and you believe those defects were caused by the negligence of another, contact the Mininno Law Office for a free case evaluation. Our team is eager and prepared to earn you the compensation you need and deserve. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Orlando, FL Jury Awards $38.75 Million in Cerebral Palsy Case

new jersey philadelphia birth defects cerebral palsy attorneys medical malpractice jury orlando $39 million In March, an Orlando jury awarded a $38.75 million dollar verdict after medical malpractice in the delivery room caused an irreversible birth defect: cerebral palsy. A C-section was necessary to deliver the baby safely, but was not performed in a timely matter, resulting in the neurological disorder that affects body movement and muscle coordination.

In situations where the standard of care dictates the necessity of a caesarian section, waiting to perform the surgery is considered severe medical negligence. This delay can cause permanent birth defects, including minor to severe brain damage.

Cerebral Palsy

Cerebral Palsy often occurs when an unborn baby is in “fetal distress.” Fetal distress often describes an abnormal heartrate and/or insufficient oxygen. There are three things a doctor can do during fetal distress before a c-section is necessary:

Put the mother on her left side, which can increase the baby’s heart rate;
Increase the amount of intravenous fluids being administered to the mother; and
Give the mother more oxygen.

Upon the failure of all three of the above attempts to remove the baby from fetal distress, the doctor must swiftly deliver the baby either by c-section, forceps, or vacuum extraction.

In the event of the $38 million dollar verdict, the Doctor should have performed a c-section, but waited. Unfotunately, that wait caused a disorder that child and it’s family will live with for the rest of their lives.

NJ and Pa Birth Defect Attorneys: Mininno Law Office

Birth defects are absolutely avoidable. The difference between a healty baby and a baby with cerebral palsy could be a matter of seconds, and doctors must act quickly when a baby’s life is on the line. If your child suffers from an irreversible birth defect and you find yourself having to pay for care you never anticipated and can’t afford, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Our NJ and Pa birth defect attorneys are experienced and eager to help you earn the compensation you need and deserve.