Birth Injuries

While there seem to be no definitive governmental source and/or governmental studies (governmental statistics focus on “birth defects” rather than “birth injuries”) to cite on this issue, many sources use the same statistics regarding “birth injuries,” i.e., that “between six (6) to eight (8) of every 1,000 infants born in the U.S. are born with birth injuries.” In 2018, 3,791,712 infants were born in the U.S. (U.S. DH&HS, CDC, NVSS Volume 68, #13, November 27, 2019 Births: Final Data for 2018). The term “birth injury” may be used in two different ways. The 10^th revision of the International Statistical Classification of Diseases & Related Health Problems (“ICD-10”) uses the terms “birth injury” and “birth trauma” interchangeably to refer to mechanical injuries sustained during delivery. Lawyers, however, use the term “birth injury” to describe any injury/damage to the baby sustained during pregnancy, delivery, or immediately after birth, including birth injuries caused by trauma Id.

As knowledgeable injury attorneys, with experience in a range of litigative matters, if you feel you have a valid case, we can review the facts for you and determine whether you have the facts needed to file a case to recover birth injury damages. We provide legal services to clients in Tinley Park, Orland Park, Matteson, Chicago Heights, Frankfort, Park Forest, and other nearby areas.

The most common causes of birth injuries are:

1. Oxygen deprivation to the fetus during or following birth
2. Undiagnosed or misdiagnosed hypertension during pregnancy
3. Failure to conduct C-Sections
4. Inappropriate use of medical instruments such as forceps and vacuums during birth.

Birth injuries may also be caused by a doctor’s (or other health provider’s) failure to provide the mother or child with the “standard of care” applicable to that of a reasonably skilled and knowledgeable professional under the same circumstances. The failure to meet this “standard of care” is called “Medical Malpractice.”

Viewed in a “global/generalized context,” there are seven (7) basic causes for birth injuries, i.e.:

1. Pregnancy complications–e.g. placenta previa, placental abruption, anemia, and preeclampsia, can limit the supply of oxygen and nutrients to the fetus, increasing the risk of birth defects. [Centers for Disease Control (“CDC”) 6.17.17]
2. Difficult labor– Also known as dystocia or obstructed labor, can result in fetal distress or physical trauma to the baby, e.g. fractured clavicle and/or damage to the brachial plexus nerves and/or deprivation of the baby’s oxygen when the umbilical cord is pinched, possibly resulting in brain damage or death. (James, Andrew [10.28.09, Brain and Behavior Problems/retrieved in About Kids Health17]
3. Maternal health issues –Certain health issues of the mother may result in birth injuries such as gestational diabetes, which can lead to premature birth, macrosomia, or stillbirth. (Meconium aspiration – March of Dimes, 9.21.10).
4. External causes – e.g., exposure to medications, illicit drugs, tobacco, or other environmental toxins such as lead or mercury. (National Institutes of Health, 13.17)
5. Infection– The mother’s (even mild) infection(s) can be transmitted to the fetus, and since the fetus has a weak immune system, this infection can have severe/serious consequences to a developing fetus. (Cherney, KristeenInfections in Pregnancy Healthline Media.)
6. Genetic Mutations– May be responsible for a wide range of baby malformations ranging from mild cleft lips to severe and sometimes fatal deformities. (Sandoiu, Ana [1/13/17, Medical News Today, Healthline Media)
7. Intrauterine hypoxia– Commonly occurs due to damage to or malformation of the umbilical cord or placenta, causing oxygen deprivation to the fetus in the womb. This intrauterine hypoxia may also cause brain damage such as cerebral palsy and other neurological and/or psychiatric disorders. (Gunn, AJ; Bennet, L. “Fetal hypoxia Insults and Patterns of Brain Injury: Insights from Animal Models” 2009)

The ten (10) most common birth injuries (National Healthcare Quality Report “AHRQ”) include:

• Bone fractures during delivery– Clavicle fractures are the most common.
• Cephalohematoma– An accumulation of blood under the scalp during birth occurring when small blood vessels crossing the periosteum are ruptured,causing gradual bleeding. This is generally not detected until hours or days post-delivery. This is sometimes caused when pressure on the skull occurs from the use of forceps or a vacuum extractor during the delivery.
• Caput succedaneum– Swelling of the baby’s scalp, which appears as a lump, most often brought about by pressure from the uterus or vaginal wall during a long and/or hard (especially) head-first (vertex) delivery. While this condition is quite common, it is usually benign.
• Perinatal asphyxia– Occurs when the fetus doesn’t get enough oxygen in the uterus or during labor or delivery or just after birth. (National Institute of Child Health NICHH 2.16.17).
• Intracranial hemorrhage(brain bleeds)– Can range from minor to extremely severe and can be caused by medical negligence during delivery procedures such as improper use of forceps or vacuum extractors, resulting in birth asphyxia or birth trauma.
• Subconjunctival hemorrhage– when 1 or more bright blood spots appear in the eye. This condition is usually harmless.
• Facial paralysis – An infant’s facial nerve (the 7^thcranial nerve) can be damaged just before or at the time of delivery. Most often, the origin of the cause is unknown, but it is known to occur during difficult deliveries resulting from large baby size, long pregnancy or labor, use of epidural anesthesia, or use of medicine to cause labor and stronger contractions.
• Spinal cord injuries occurring during delivery– Can have devastating consequences and are usually the result of blunt force trauma from the obstetrician’s hands, forceps or vacuum as applied to facilitate the baby’s passage through the birth canal. Some babies have a condition referred to as “spinal bifida” ie., the vertebrae in their spine is incompletely fused, exposing the nerves to the surface. If this condition remains undiagnosed, these nerves may be inadvertently damaged during delivery. Boston Children’s Hospital reports that about 60 – 75% of spinal cord injuries occur in the upper spine or neck. This is significant because the higher the level of damage to the spine, the more serious the consequence(s) to the infant.
• Cerebral palsy (“CP”) is a group of disorders that affect a person’s ability to move and maintain balance and posture due to brain trauma. Depending on which area(s) of the brain are affected, one or more of these movement disorders can occur:
  1. Stiff muscles (spasticity)
  2. Uncontrollable movements (dyskinesia)
  3. Poor balance and coordination (ataxia).
  4. The most common type of CP is spastic CP – this affects about 80% of the people with CP.
• Brachial Plexus Palsy(Erb’s Palsy) – a physical injury during delivery, resulting in a condition characterized by weakness and loss of motion in the arm(s) normally resulting from a tearing, moving or breaking of brachial plexus nerves located near the baby’s neck, where the 5^th and 6^th cranial nerves merge.

The symptoms for some of these “birth injury” conditions (especially the last two injuries) show up some time after your child’s birth – these symptoms include slow development, inability to properly move their arms and/or other cognitive deficiencies. If your child shows any of these symptoms – DO NOT SIGN ANY DOCUMENTS PRESENTED TO YOU BY THE DOCTORS OR HOSPITAL, BUT INSTEAD CALL US (708/747-9440) TO SET UP AN APPOINTMENT FOR A FREE CONSULTATION REGARDING YOUR LEGAL OPTIONS AND THAT OF YOUR BABY.

We believe any amount of monetary compensation is too little in return for compromising the life of your child, but insofar as the law is concerned, monetary compensation is the only result the law will allow you to recover. At McDermott & McDermott, Ltd., we strive to get you the most compensation allowed by law for your (and if applicable) your child’s birth injuries.

David G. McDermott has worked in the legal profession for more than 40 years, helping grieving parents like you receive reparations from negligent doctors and other health professionals. With our team’s experience and empathy, we pursue all legal action(s) against the party(ies) responsible for the negligence suffered by you and/or your child.

Call us today (708/747-9440) for your free consultation if you are considering legal action against those involved with your pregnancy and/or your child’s birth, to discuss your legal options with respect to any medical malpractice claim(s) you have or believe you may have against those involved.