Birth Injuries

June 14, 2023

Birth Injury Malpractice Lawsuit Settlement Amounts

Birth injury malpractice lawsuits have the highest potential settlement or verdict value of any personal injury tort lawsuit. The median and average verdict and/or settlement in a birth injury lawsuit is around 30% higher than the average value of other medical malpractice claims and three times the average of personal injury cases in general. Maryland birth injury cases are worth even more, with an average payout closer to 50% higher than other medical malpractice cases.

This post will take a closer look at the value of birth injury malpractice cases. We will review some sample settlements and verdicts in various types of birth injury claims and discuss some factors that drive the value of birth injury lawsuits so high.

Average Compensation Payouts for a Birth Injury Malpractice Lawsuit

April 21, 2023

Forceps Birth Injury Malpractice Lawyer

by Ronald V. Miller, Jr.

Obstetric forceps are a tool that doctors sometimes use to assist in a complicated vaginal delivery. Forceps can be potentially dangerous for the baby. They require a high degree of skill and technique on the doctor’s part. A small mistake with forceps can cause serious injury to the baby and result in permanent birth injuries.

This page is about birth injury malpractice lawsuits involving the misuse of forceps. Our lawyers discuss how these claims work, how they are valued for settlement, and provide recent example of jury payout and settlement amounts in forceps malpractice claims.

Forceps in Childbirth

April 10, 2023

Bone Fracture Birth Injury Lawsuit

by Ronald V. Miller, Jr.

Childbirth can be a complicated and delicate process. While many births occur without any complications, some can result in injuries to the baby. One such injury that does not get a lot of attention from birth injury lawyers are bone fracture, which can happen during the delivery process as the result of the negligence of a doctor or other healthcare provider. When a baby suffers a bone fracture during birth, it can be a traumatic experience for both the baby and the parents.

When these fractures are the result of medical negligence, parents may seek compensation for the injury through a birth injury lawsuit to compensate both the parent and the child. This article will explore bone fracture birth injuries, the legal process for pursuing compensation, and the factors that can impact the outcome of a lawsuit.

Types of Bone Fracture Birth Injuries

April 10, 2023

Failure to Perform a Timely C-Section

by Ronald V. Miller, Jr.

A Cesarean section, also known as a C-section, is a surgical procedure in which a baby is delivered through an incision in the mother’s abdomen and uterus. It is often necessary when there are complications during delivery that make vaginal delivery too risky. However, when a healthcare provider fails to perform a C-section in a timely manner, it can result in birth injuries that may have long-lasting consequences for the baby and the family.

Birth injury lawsuits are complex and every case is very different. But it is amazing how many birth injury lawsuits follow a pattern of a fetal heart rate that shows a child that is likely struggling to get needed oxygen to feed vital organs and a doctor that does not respond to these alarms by taking immediate steps to deliver the child.

This article will explore the legal implications of a failure to perform a C-section when a baby is in fetal distress and needs to be delivered and explains how birth injury lawsuits work.,

January 5, 2023

Zofran Birth Defect Lawsuit Information

by Ronald V. Miller, Jr.

The data that links Zofran and birth defects keeps piling up. Lawsuits have been filed against the drug’s manufacturer, GlaxoSmithKline, because they failed to warn pregnant women that the drug can cause injuries to their unborn children when taken during pregnancy.

A 2023 update is provided at the bottom of the page. Otherwise, this is an old post.

Learn more about how to bring a Zofran lawsuit and how settlements of these claims might work

What is Zofran and what does it do?

Zofran is an excellent nausea drug that was originally approved for use in individuals who were undergoing surgery or chemotherapy. The nausea associated with these surgeries is unbearable, and Zofran does a wonderful job of helping people deal with the pain.

But the organizations that make drugs like Zofran are corporations, and what do corporations like to rake in? Profits. So naturally, GlaxoSmithKline tried to figure out other ways to increase their market share for Zofran.

One of the ways it did this was to push the drug “off label” on pregnant women suffering from morning sickness. Given the effectiveness of the drug in fighting nausea, this seemed like a good idea. However, the FDA did not and has not approved the drug for such usage, which comes as no surprise given the threat of birth defects to unborn children of mothers on the drug.

April 11, 2019

Failure to Diagnose Fetal Macrosomia Costs Minnesota Midwife $8.9 Million

by Ronald V. Miller, Jr.

In October, an $8.9 million birth injury malpractice payout was awarded against a Minnesota midwife. This case underscores the danger of failing to accurately estimate the fetal size and weight before delivery.

This post looks at this Minnesota birth injury lawsuit and provides sample fetal macrosomia settlement amounts and jury awards.

Our lawyers handle fetal macrosomia lawsuits throughout the country. If you want to bring a claim or have a question about your claim, call our birth injury attorneys at 800-553-8082.

September 27, 2018

Can Glucocorticoids Treat Infant Brain Injuries?

by Ronald V. Miller, Jr.

A study published in the International Journal of Molecular Sciences concludes that glucocorticoids can treat hypoxic-ischemic encephalopathy (HIE) by reducing the amount of brain damage. This can prevent cerebral palsy (CP) and other brain injuries from becoming more severe.

What is hypoxic-ischemic-encephalopathy (HIE)?

HIE is a brain injury resulting from a lack of oxygen. This can happen prior to birth, during birth, or even well into childhood.

September 20, 2018

Detecting Brain Injury in Infants

by Ronald V. Miller, Jr.

A team of researchers at University College London has developed a device known as a broadband near-infrared spectroscopy (NIRS) that uses light to detect brain damage in infants. They are now planning a clinical trial of the NIRS.

The first month of a baby’s life is critical. If there is a brain bleed or oxygen deprivation, you want to know the extent and scope of that injury for early intervention.

Brain injuries that occur immediately after childbirth are life-altering. In recent years, cooling has made a big impact on lessening the impact of a brain injury. So anything we can do to act sooner to mitigate damage can make a real difference.

January 4, 2018

Do I Have a Birth Injury Claim?

by Ronald V. Miller, Jr.

Parents of newborns are quick to ask whether something happening during the birth process that caused harm to their child. Sometimes, there are signs that are a reasonable cause for concern. Of course, there are also instances where we fear for our children without a lot of foundation.

Ground Zero for Concern

The most reasonable cause of concern for parents of a newborn with a birth injury is if they were told that their child suffered a loss of oxygen. Birth injury cases have a lot of different fact patterns. But, the most common thread our birth injury lawyers see is oxygen deprivation during the birthing process. If you are told that your child was deprived of oxygen for any significant period, there is a reason to fear a birth injury that could impact your child. Still, it does not mean that your child suffered any injury.

April 12, 2017

Pitocin Birth Injury Lawsuits

by Ronald V. Miller, Jr.

Pitocin and Syntocinon are common brand names for the drug Oxytocin, a synthetic hormone used to help start or expedite childbirth. This intravenous drug increases the intercellular concentrations of calcium in the middle layer of the uterine wall which promotes uterine contraction. While there are other methods of expediting delivery such as amniotomy or stripping of the membranes., nipple stimulation and soap suds enema, Pitocin, and Syntocinon are the go-to therapies to initiate or accelerate delivery.

Learn how Pitocin malpractice cases work and which are the best cases for plaintiffs
What is your Pitocin birth injury case worth? Get information on trial and settlement value of these cases