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 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

March 30, 2023

Delaware Birth Injury Malpractice Lawsuits

by Ronald V. Miller, Jr.

In this post we will look at Delaware birth injury malpractice lawsuits. We will review some of the key points of Delaware law in birth injury cases and discuss the potential settlement value of these claims.

What Are Birth Injuries?

When a baby suffers some type of physical damage during the process of labor and delivery it is considered a birth injury. Childbirth is a notoriously difficult process for mother and baby and some birth injuries are a natural and unavoidable consequence of this. In many instances, however, a birth injury is something that could have easily been prevented and are the direct result of negligent medical care during labor and delivery. Some of the more common medical mistakes that cause birth injuries include:

March 28, 2023

West Virginia Birth Injury Malpractice Lawsuits

by Ronald V. Miller, Jr.

A birth injury refers to physical damage to an infant resulting not from something that happens during the labor and delivery process. A large percentage of birth injuries are caused by avoidable mistakes or negligence by health care providers. Although some birth injuries can be minor, others can result in permanent disabilities, affecting the child’s cognitive and/or physical function. West Virginia recognizes the right of parents to obtain legal compensation when their child suffers a birth injury caused by medical negligence. This page will outline the relevant West Virginia birth injury malpractice law and the value of these cases in West Virginia.

Examples of Common West Virginia Birth Injuries

Outlined below are some of the birth injuries that we see most frequently in West Virginia birth injury malpractice lawsuits.

March 24, 2023

Mississippi Birth Injury Malpractice Law

by Ronald V. Miller, Jr.

This page will look at Mississippi medical malpractice cases involving birth injuries. We will review the key points of law in Mississippi and look at the settlement value of Mississippi birth injury lawsuits.

For information on other types of Mississippi personal injury cases and example verdicts and settlements, see our post on Mississippi Injury Verdicts and Settlements.

What is a Birth Injury?

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.