Birth Injury Class Action Lawsuit Update September 2024

Welcoming a new baby should be a joyful time, but birth injuries can cast a shadow on this experience, leaving families feeling overwhelmed. Birth injuries, ranging from minor bruises to severe conditions like cerebral palsy or Erb’s palsy, often result from medical negligence or malpractice during delivery. Common types include shoulder dystocia, which can cause nerve damage, and hypoxic-ischemic encephalopathy, due to lack of oxygen. Identifying signs of these injuries early is crucial for timely intervention. If you suspect a birth injury is due to medical malpractice, seeking legal advice can help you understand your options and pursue compensation.

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Welcoming a new baby into the world should be a time of joy and hope. But sometimes, amidst the celebrations, some families face unexpected challenges when their little one suffers a birth injury. This can be a heart-wrenching experience, leaving many parents feeling lost and overwhelmed. Let's talk about what birth injuries are, how they happen, and what steps you can take if your family is affected.

The reality of birth injuries and trauma

It's a tough pill to swallow, but the truth is that birth injuries happen more often than we'd like to admit. These injuries range from the mild, like a small bruise, to the severe, which can lead to lifelong disabilities. The most heart-breaking part is that some of these injuries are due to medical malpractice or negligence during the birthing process.

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Common types of birth injuries and trauma

There's a whole spectrum of injuries that can occur during birth. Some you might have heard of include:

• Shoulder Dystocia: Shoulder dystocia is a complication during childbirth where one or both of the baby's shoulders get stuck behind the mother's pelvic bone after the baby's head has emerged. This can lead to serious complications for both the baby and the mother, including nerve damage, fractures, and even death. In legal cases involving shoulder dystocia, layers play a crucial role in helping with a claim by thoroughly investigating the circumstances surrounding the birth. 

• Erb’s Palsy: Erb's palsy is a condition that results from injury to the brachial plexus nerves during childbirth, typically due to shoulder dystocia or excessive force applied during delivery. This condition can lead to weakness or paralysis in the arm, affecting the baby's motor function and potentially causing long-term disability. In legal cases involving Erb's palsy, layers play a vital role in supporting claims by thoroughly investigating the circumstances surrounding the birth, examining medical records, and consulting with experts in obstetrics and neonatology. 

• Brachical Plexus: The brachial plexus is a network of nerves located in the shoulder area that control movement and sensation in the arm and hand. Injuries to the brachial plexus can occur due to trauma, such as during childbirth, leading to conditions like Erb's palsy or other forms of brachial plexus injury. When such injuries result from medical negligence or malpractice, lawyers play a critical role in supporting claims for compensation.

• Cerebral Palsy: This affects muscle control and can lead to spasms or stiffness. Cerebral palsy is a neurological disorder that affects movement, posture, and muscle coordination, often stemming from brain damage during fetal development, childbirth, or infancy. When cerebral palsy occurs due to medical negligence or malpractice, lawyers can offer crucial support in pursuing a claim for compensation. They conduct comprehensive investigations into the circumstances surrounding the condition's onset, including reviewing medical records and consulting with experts in neurology and obstetrics.

• Hypoxic-Ischemic Encephalopathy (HIE): A scary term that basically means the brain didn't get enough oxygen, potentially leading to organ failure or seizures. Hypoxic-ischemic encephalopathy (HIE) is a serious condition that occurs when there is a lack of oxygen and blood flow to the brain, typically during childbirth. This can result in brain damage and long-term neurological complications for the newborn, including developmental delays, cognitive impairments, and motor disabilities. In cases where HIE arises due to medical negligence or malpractice, lawyers can provide essential assistance in pursuing a claim for compensation. They conduct thorough investigations into the circumstances surrounding the birth, analyzing medical records and consulting with expert witnesses in obstetrics and neonatology. Lawyers aim to establish whether the HIE could have been prevented or mitigated with proper medical care, and they advocate for the rights of those affected by seeking compensation to cover medical expenses, ongoing therapy, and other necessary support.
• Klumpke Palsy: Klumpke palsy is a type of brachial plexus injury that affects the lower nerves of the brachial plexus, typically resulting from trauma during childbirth. This condition can lead to weakness or paralysis in the hand and forearm, impacting the affected individual's motor function and potentially causing long-term disability.
  

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Spotting the signs

Knowing the signs of these birth injuries is crucial. For example, if your baby has trouble controlling their muscles, or if they're holding one arm close to their body, these could be signs of a serious problem. And while it's tough to think about, being aware of these symptoms means you can seek help sooner.

When Medical Decisions Lead to Birth Injuries

Understanding the root causes of birth injuries can be complex. Some are related to the baby's size or position, but many are intricately linked to the medical care received during labor and delivery. This is where the concept of malpractice comes into the picture.

Medical professionals are trained to recognize and react to the signs of a troubled labor. They are expected to make judgments and decisions that prioritize the safety and well-being of both mother and baby. However, when these decisions are delayed, incorrect, or not made at all, the risk of injury can significantly increase.

Here are some scenarios where medical malpractice may play a role:

• Delayed C-section: If a baby is showing signs of distress, a timely cesarean section can be critical. Delaying this decision can lead to a lack of oxygen for the baby and possible brain damage.

• Misuse of birthing tools: Instruments like forceps or vacuums can aid delivery, but when used improperly, they can cause serious injuries to the baby's head or nerves.

• Inadequate monitoring: Failing to properly monitor the baby’s heartbeat or other vital signs can miss critical moments when intervention is needed.

• Poor management of labor complications: Complications such as tangled umbilical cords or breech births require immediate and expert care to prevent injury.

• Lack of communication: Sometimes, it's a breakdown in communication among the medical team that leads to delayed or incorrect responses to emerging issues.

When these kinds of mistakes occur, it's not just a matter of bad luck. It's often a case of professional negligence, where the standard of care that was owed to you and your baby was not met. This is the cornerstone of medical malpractice.

It's important to note, however, that not all birth injuries are due to malpractice. Some are unavoidable despite the best efforts of all involved. But when an injury is preventable and occurs because of a lapse in the standard of care, that's when a malpractice lawsuit can come into play.

When to consider legal action

If you're facing the reality of a birth injury, you might be wondering if legal action is the right step. If you suspect that your child's birth injury was due to malpractice, it's essential to seek legal advice. 

An experienced birth injury lawyer can help to review your case, gather evidence, and determine the best course of action. They'll consider the specific circumstances of the birth, the actions of the healthcare team, and the impact on your child's health. With their expertise, they can guide you through the process of seeking justice and compensation for your child's injury.

No parent should have to go through the pain of a birth injury. But if you find yourself in this tough spot, remember that you have options and rights.

Fill out the form on this page to see if you qualify for a free case review.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.