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Erie County jury award $21.6 million in botched birth case

Posted on April 25th, 2011 No Comments

A jury awarded an Erie County mother $21.6 million Wednesday for her son’s botched birth.  The award is the largest in the county’s history.

Hamot Medical Center – now UPMC Hamot – was found 100 percent negligent in the case for its failure to monitor fetal heart rate and other vitals.

The victim in the case, four-year-old Ja’Kareon Graham, was born with cerebral palsy because he was deprived of oxygen for several minutes following his birth.  The jury awarded damages for the injuries, medical expenses, and Graham’s future loss of income due to the condition.

The child’s mother, Tina Graham, filed the lawsuit in 2008.  The jury found that the hospital’s nursing staff was unprepared for the delivery, resulting in the botched birth.

Graham’s injuries render him unable to speak or walk, making him permanently dependant on others for case.

The previous record for a medical malpractice case in Erie County came in 2002 when a couple was awarded $4.2 million for the death of their baby during delivery.  That award was later reduced to $1.2 million.

TX Mom Dies Before Birth Injury Lawsuit Goes to Trial

Posted on April 9th, 2010 No Comments

A woman in Austin, Texas who filed a birth injury lawsuit against her obstitrician has died without ever seeing her day in court.

Debbie Stockton, sued Dr. Howard Offenbach for an unspecified amount in 2007. Offenbach was Stockton’s obstetrician as well as a drug addict. Stockton claimed Offenbach caused her son William’s serious shoulder injury by failing to order emergency surgery when the shoulder became pinned beneath his mother’s pubic bone during delivery.

Texas medical malpractice law gives plaintiffs 120 days after filing a lawsuit to serve the offending doctor with their medical expert’s report and resume. However, Offenbach had lost his medical license in 2000 for drug abuse, moved from his Dallas home, been evicted from two apartments, and disappeared from public records. Even Offenbach’s attorneys could not locate the man. They asked the court to throw out Stockton’s lawsuit for violating the 120 day deadline.

The district judge refused to throw out the lawsuit, and defense attorneys appealed. The Dallas appeals court agreed with Offenbach’s lawyers, and issued a new 120 day deadline in the fall. Stockton’s lawyer said “it was impossible to serve Offenbach, any way you slice it.” Before the new 120 day deadline was through, Debbie Stockton died. Her son William and his atrophied arm, will never see their day in court.

If you or your child was injured in the birthing process, you may be entitled to some form of financial compensation. For a professional and realistic evaluation of your case, please contact a Philadelphia birth injury attorney of Lowenthal & Abrams, P.C., by calling 215-238-1130.

Common Forceps Injuries

Posted on March 4th, 2010 No Comments

Forceps are tools that have been used to assist in childbirth since the 1600's.

 

Short forceps, used in the United Kingdom and the United States, are applied to the fetal head inside the birth canal. The blades of the instrument are locked into place around the skull and the fetal head is rotated to provide a minimal amount of traction during delivery. 

 

While forceps can be used to avoid caesarean delivery, and take less time, there are a number of birth injuries associated with the tool. An infant may sustain temporary or permanent nerve damage if forceps are applied in the wrong location, or with too much pressure. Facial bruising on the newborn is also common. Skull fractures are not rare either. 

 

Forceps are a legitimate medical tool; in the hands of an experienced operator, the risk of injury is no higher than with natural intervention-free vaginal delivery. In the wrong hands, however, the instrument can cause serious harm to an infant and its mother.

 

If your child has been injured by a negligent medical worker, finding an experienced and trustworthy attorney is vital in securing a positive outcome in your case. Please contact a Philadelphia birth injury lawyer of Lowenthal & Abrams, P.C. by calling 215-238-1130.

VA Woman Embezzles From State Birth Injury Program

Posted on February 9th, 2010 No Comments

A woman in Virginia charged with embezzling almost $800,000 from a state program for children injured at birth pleaded guilty to two of twenty-nine charges yesterday; she faces up to 12 years in prison.

 

Former benefits manager Iris F. Allen has agreed to repay the state's birth-related-injury program as much as $674,335 and a Pennsylvania insurance company $110,000. Allen is also facing up to $500,000 in fines.

 

A 10-page plea agreement, disclosed before a U.S. District Court judge in Richmond, abdicates the 44 year-old Allen from a three day jury trial set to begin yesterday and spares her from possible convictions on multiple additional charges. Allen pleaded guilty to one count of health care fraud and one count of aggravated identity theft.

 

Allen worked for a program which provides lifetime medical care to infants who are permanently disabled due to a birth injury. Prosecutors claim that Allen inflated and fabricated invoices for handicap-accessible vans and home renovations for children entered in Virginia's Birth-Related Neurological Injury Compensation Program.

 

Birth injuries are rare, affecting about 7 out of every 1,000 infants born in the United States each year. Their uncommonness however, does not serve to ameliorate the families that have been affected by them. 

 

If your child has been injured by a negligent OBGYN worker, you may have grounds for a Philadelphia birth injury lawsuit. A successful legal action can help you procure compensation for all past, present, and future medical bills related to the birth injury, as well as compensation for your family's pain and suffering. 

 

To learn more about Philadelphia birth injuries and explore your legal options please contact a Philadelphia birth injury lawyer of Lowenthal & Abrams, P.C. by calling 215-329-3511. 

UK Man Awarded $3.1M in Birth Injury Settlement.

Posted on February 4th, 2010 No Comments

A severely disabled man in England has received $3.1 million incompensation from Tameside General Hospital, Greater Manchester where he wasborn.

28 year-old Jonathon Khairule from Coventry has cerebral palsy and canonly communicate by typing on a keyboard with his nose. He settled with thehospital out of court. The hospital has never admitted responsibility andrefused to comment on the case.

Khairule’s successful settlement is viewed as a landmark victorybecause he was granted permission to mount a legal challenge despite being overage 21, the normal limit for birth injury claims.

If your child hassuffered an injury due to the reckless or negligent actions of a medical professionalplease contact the Philadelphia birth injury lawyers of Lowenthal & Abrams,P.C. by calling 215-329-3511.

Hospitals Taking Steps to Prevent Premature Births

Posted on December 28th, 2009 No Comments

Recent studies have revealed that over the last 23 years, pre-term births in the U.S. have increased 36%. In order to combat the rise in premature deliveries, some hospitals have started to dedicate more space and resources to high-risk pregnancies, including one hospital in Fort Worth, that has even installed it's own Neonatal Intensive Care Unit (NICU). Doctors hope that such resources will help provide excellent care for premature babies and can help if complications arise during pregnancy.

If you are pregnant, it is important for your doctors and medical staff to give you responsible care and treatment. Failure to do so may result in serious injury to your child during birth. If your child is injured during birth, contact the Philadelphia birth injury lawyers of Lowenthal & Abrams, P.C. at 215-329-3511.

Woman Awarded $6.6M in Birth Injury Suit

Posted on December 2nd, 2009 2 Comments

A woman in England has been awarded $6 million in damagesafter she suffered a seizure in a hospital.

Rebecca Waite was 19 years-old when she went into IpswichHospital to deliver her first child in May 2004. As she waited to have herlabor induced, a midwife advised her to take a bath for pain relief. Theepileptic Mrs. Waite was left unattended in the tub, suffered an epileptic fitand fell below the water.

Hospital staff revived the mother after her partner, PaulBirch, discovered she was not breathing. Waite suffered irreparable braindamage because of the incident and her son, Kyle, who was delivered byemergency Caesarean section, suffered such serious neurological damage that heis not predicted to live past the age of twelve.

If a loved one has suffered a birth injury, please contact a Philadelphia birth injury lawyer of Lowenthal & Abrams by calling215-329-3511.

Cerebral Palsy is Common Result of Birth Injuries

Posted on October 22nd, 2009 No Comments

A birth injury is trauma to a child that occurs duringdelivery. The most common injuries are a result of pressure in the birth canal.

Cerebral palsy is one of the more common results of birth injuries. CPis a chronic disorder that is caused by trauma to the brain during birth orshortly thereafter. The condition causes loss of movement and other nervefunctions.

Cerebral palsy is not what doctors call a progressivecondition, this means that the symptoms do not worsen or improve over time. Theseverity of this condition is determined by the type of damage done to thebrain. A number of medical mistakes can cause cerebral palsy. These mistakesinclude improper use of forcepts or more commonly, leaving the baby in thebirth canal for too long which deprives the newborn of oxygen.

If your child has suffered a birth related injury, pleasecontact the Philadelphia Birth Injury Lawyers of Lowenthal & Abrams, P.C.,by calling 215-329-3511.

Birth Trauma Can Affect Breastfeeding, says Recent Study

Posted on March 18th, 2009 No Comments

A study led by faculty of the University of Connecitcut indicates that a traumatic birthing experience can affect a mother's willingness to breastfeed.

In an detailed evaluation of the responses of 52 mothers, Cheryl Beck and her collegues found that birth trauma, which affects up to 9 percent of women, can have serious consequences on how a new mother approaches breastfeeding. The stress of traumatic birth can trigger painful psychological and emotional responses, such as flashbacks and a feeling of alientation from the child, that can significantly reduce a woman's willingness to breastfeed.

Beck suggests that special attention be given to women who may have undergone traumatic birth experiences in order to minimize risk to both her and her infant. Health care professionals are also recommonded to be sensitive to the symptoms of postpartum depression, including withdrawal and apathy, as these may indicate breastfeeding issues.

If you or someone you know has had to deal with the stress of a traumatic birth and you suspect the health care provder may be in some way responsible, contact the Philadelphia birth injury attorneys of Lowenthal & Abrams at 215-329-3511. 

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