Birth Injuries & Cerebral Palsy

At Meyers Kenrick Giuffre & Evans we understand that injuries that occur before, during and after childbirth are among the most tragic that occur in all of medicine. Not only does the family have to deal with the immediate physical and emotional hardships, the level of care that must be maintained throughout the lifetime of the injured is never-ending.

When an infant is born with or sustains an injury during childbirth, whether caused by simple misfortune or by negligence, carelessness or error on the part of the hospital medical or surgical staff, the life of that infant and their family is forever altered. In the case of medical negligence or malpractice, while there can never be reparation, at least there can be justice and financial compensation to help for the life-long care required for the victim.

As attorneys, our greatest personal and professional achievements have come from successfully representing victims and families that have been affected by tragedies such as this. In our 30+ years of experience practicing law in Western Pennsylvania, we’ve successfully handled over 20 individual birth injury cases involving:

Respiratory and airway incidents
Brain injury
Cerebral Palsy
Erb’s Palsy
Shoulder Dystocia
Brachial Plexus injuries
Nerve damage
Newborn and fetal death
Respiratory depression
Hypoxic ischemic encephalopathy

Birth injuries or incidents are not always immediately recognizable. You may not notice anything amiss right away, but it is crucial that as soon as you do, you seek help immediately. Even though the statute of limitations on such cases often spans the course of childhood and adolescence, the sooner you can bring the case to light the better. The more time there is between the incident occurring and filing suit, the greater the chance there is that the memories of the incident by the involved medical personnel will fade, prolonging the settlement or conclusion of the case. Also, the sooner you seek legal advice, the sooner you may be able to obtain medical help to offset the effects of the injury, and create a better quality of life for your child.

Symptoms of birth injury that you should be aware of include:

Immediately following birth:

• Abrasions, bruises or lacerations on the infant's head, face or shoulders
• Lack of movement on one side of the infant's face, often more noticeable when crying
• Infant does not or can not freely move one arm, arm may appear limp or paralyzed
• The infant's arm is bent at the wrist, with straight fingers
• Raised lump, bruising or swelling on the baby's scalp
• Infant does not begin breathing immediately after birth
• Infant's skin remains a dusky blue in color rather than pink
• Infant develops seizures within 24-48 hours
• Infant is "floppy" and does not appear to have proper muscle control

Symptoms that present themselves later in life:

• Lack of muscle coordination, stiff muscles
• Slow, uncontrolled movements
• Lack of depth perception and balance
• Exaggerated reflexes
• Uneven gait
• Drooling
• Tremors
• Difficulty in swallowing or speaking
• Slow development
• Difficulty with fine motor tasks, such as writing or using scissors

Next Topic: Evaluation of "Birth Injury" Case, Part I.