November 13th, 2008
A woman went to the doctor to get a contraceptive implant as a means of birth control, however it turns out the doctor implanted the device incorrectly. The woman thought the procedure went successfully, but returned to the hospital about a year later complaining of stomach cramps and other related pains in that region. The woman ended up giving birth to a baby girl that was 13 weeks premature. The baby ended up dying a couple hours after birth. The women ended up getting an out of court settlement and had dedicated much of her time to warning women about these types of happenings. The fact of the matter depends on if the doctors had any indication if they implanted the contraceptive device incorrectly. For if they knew that something may have gone wrong and they failed to notify the patient that would classify as acting negligent and failing the duty of care that a doctor patient relationship holds. In this case the settlement was held out of court so we will not know whether the doctors admitted to an act of negligence or that they just wanted this case to go away. This case also brings up issues with the type of contraceptive implant that was used in the matter. Since the case did not go to trial we do not know if the product was defective or the doctor was at fault. Since there was a settlement from the hospital however, inclinations point to the doctors/hospital. You never know in this type of case because pharmaceutical companies are highly involved in acts of medical malpractice.
The effects from birth injuries can be life long that can compromise either or both the mother and child’s quality of life. In this type of occurrence you must wonder what went wrong, how it happened, and how could it have been prevented. Besides the settlement figures to cover medical expenses many people who fall victim to this type of practice want to gain awareness to the subject so that no one has to go through what they did ever again. Birth injuries are a very emotional subject that has caused a lot of pain and suffering for the families of the infants that were not given the best shot a life. It is a shame that these types of acts happen out of negligence or mere accident. Birth injuries lawsuits can be a very trying time because it deals with acts that led to the death of an infant. If you or a loved one has experienced a birth injury, contact super lawyers at Napoli Bern Ripka, LLP. They have the knowledge and expertise necessary to start your path to justice. They will discuss your case with you and determine the appropriate step to take to get you case to the next level. Don’t waste another day debating whether it’s worth it, your baby was worth it and so are you.
For more information on this case, click here http://www.nursinginpractice.com/default.asp?title=Implanttraumapatientwinspayout&page=article.display&article.id=14518
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October 13th, 2008
GlaxoSmithKilne, manufacturer of Paxil, has been known to cause devastating side effects resulting in birth injuries .The most devastating instances occur when a birth injury ends in a fatal state for the newborn baby. These types of instances cause parents to be left with nothing but questions and speculations about what really happened during the birth of their newborn baby. Instances of birthing complications have been directly linked to the drug Paxil, manufactured by big time pharmaceutical company GlaxoSmithKline. Parents across the nation are wondering if there was anything they could have done to stop this devastating instance from happening. When a newborn child dies it is usually chalked up to birthing complications that occurred during the birthing process. If you have recently suffered through the loss of your child that has left you and your family with unanswered questions you might want to question if any type of prescription medication could have aided to this event.
The drug Paxil, manufactured by GlaxoSmithKline was released onto the market in 1992 to help those suffering from depression. This antidepressant was developed and put on the market directly targeting women and adolescents to deal with their depression. Paxil was at the top of the market in 2006, with millions of people using the drug for treatment of Depression. In 2006, a warning label was issued for Paxil that Woman who were pregnant should not be taking the drug for birthing complications may occur. The most common type of birthing complications was heart, respiratory, lung, and spinal cord injures to the new born. So what does that mean for Women who have taken the drug from 1992 to 2006 that may have experienced birthing defects that caused their child to incur disabilities or even worse, death? These women are encouraged to contact Napoli Bern Ripka, LLP who will be able to access each situation on an individual basis and determine what steps to take next.
The effects from taking Paxil have been significant causing thousands of birth complications to occur every year for over fourteen years. GlaxoSmithKline has issued a warning, but it comes too late for there have been devastating circumstances arising from the failure to warn pregnant women about the ill effects of Paxil. GlaxoSmithKline must now take responsibility for their actions and help those who have suffered from taking the drug. Paxil remains on the market but with a warning label to ensure that no women who are pregnant or might get pregnant in the future take Paxil. However, for those who didn’t know about the ill effects are left behind.
If you or a loved one has experienced birthing complications from taking Paxil, contact Napoli Bern Ripka, LLP. They have the experience and qualifications to stand up for you in a court of law against one of the larges pharmaceutical giants in the nation. Many times lawyers can become intimidated when filing suit against such a large company, but the super lawyers at Napoli Bern Ripka, LLP are extremely experienced in the matter. Don’t let GlaxoSmithKline’s inconsistencies cause you and your family any more pain.
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September 15th, 2008
When a couple is planning for the birth of their child, they are thinking of names, painting the baby room, setting up the crib, and preparing themselves for the life changing event that is about to take place. However, there is one thought in the back of the mind of every parent, birthing complications. A birth injury that has limited your child is one of the most emotional and painful events that any parent could possibly go through. Unfortunately birthing complications happen more than anyone would want them to in which these types of instances are avoided at all costs. A birth injury could occur due to the position in which the baby is lying at the time of birth. Other complications arise when the heartbeat of the newborn is low or the umbilical cord is wrapped around the child’s neck. These types of complications can usually be fixed and treated with proper care from a doctor. However, other types of birth injuries are spawned from different effects taken while the mother is pregnant. One specific type of birth injury arose from women taking the drug Paxil while pregnant. Paxil is an antidepressant that when taken by a woman who is pregnant can cause devastating effects on her unborn baby.
Paxil, manufactured by GlaxoSmithKline, has been on the market in 1992, however the warning for pregnant mothers to not take the drug did not come into effect until 2005. Over these 13 years, pregnant mothers took the drug not knowing the devastating effects that could occur. Paxil cause the newborns to heave heart, lung, and respiratory complications due to the lack of blood flow, which decreased the amount of oxygen the baby received. These types of birth injuries affect thousands causing GlaxoSmithKline to finally discourage pregnant women not to use the drug. However the damage was already done and many babies saw these devastating effects that commonly resulted in death. Situations of children born with birthing defects resulting from Paxil, has caused uproar in all communities. Women are now finding out more about the effects that Paxil can cause and are wondering if that is what caused their birthing complications. GlaxoSmithKline did release the information about the negative side effects of taking the drug, but they were far too late. Women are contacting lawyers to see if there is anything to be done to make up for what Paxil did to their family.
If you or a loved one has suffered a birth injury due to taking Paxil, contact super lawyers at Napoli Bern Ripka LLP immediately. For there are time constraints on these types of cases that can limit a lawsuit from occurring that has happened over one year ago. In order to prevent your time from running out, contact Napoli Bern Ripka as soon as possible. They have the superior knowledge and experience in dealing with these types of cases and have over 60 years of experience combined. Start your path to justice today by contacting Napoli Bern Ripka LLP.
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August 13th, 2008
Rosa Lopez whose daughter, Madeline Maturin was born with Cerebral Palsy was awarded $9.75 million dollars in the delivery-botched case. This lawsuit was brought against the hospital that delivered the baby citing that it was the fault of the staff that caused the child to suffer permanent brain damage. Rosa Lopez was a week past her due date when the staff at Northwestern Memorial Hospital gave her Pitosin to induce labor. What should have been a normal labor turned out to be a very memorable one, and not in a good way.
Somehow Lopez was administered a very large amount of the Pitosin that it caused her to emit contractions very suddenly and close together causing harm to her unborn baby. The suit alleged that the doctors acted out of negligence citing that they did not notice that the large dosage of Pitosin was affecting the unborn baby. Due to the large dose of Pitosin Madeline Maturin suffered oxygen deprivation that caused damage to the brain tissue that eventually led to cerebral palsy. Madeline will have to go through special treatments for the rest of her life. She will have to go to therapy and endure surgeries as well. The settlement money will hopefully cover the cost of her medical bills as well as the pain and suffering she and her family will go through.
Hospitals that act negligent should take responsibility for their actions. There has been a recent trend where hospitals are taking responsibility for their actions and actually “saying sorry” to the patients that they have wronged. I think that this is a great thing to do and it shows that the hospital really does have a conscience. Everybody makes mistakes, however when it involves a life or death situation being extra careful is the name of the game.
5 out of every 1000 babies born in the US will undergo some sort of birth injury. The difference between a birth defect and a birth injury is that the latter occurs during a difficult delivery when something goes wrong and the child some sort of distress. When determining who is responsible, there are many different factors taken into account. Did the doctor fail to emit proper procedures, were their any nurses, interns or a tech involved, or was their medicine administered that caused this defect? In all of these situations an experienced birth injury lawyer would be able to provide you with the answers on how to go about going forward with your case. Having a child who has encountered a birth injury is a trying time, which is never easy and emotional. If you or a loved one has a child born with birth defects because of the negligence of hospital staff, contact Napoli Bern Ripka LLP. Napoli Bern Ripka LLP would be able to provide you with the answers on how to go about pursuing your case. Having a child who has encountered a birth injury is a trying time, which is never easy and emotional
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July 14th, 2008
A birth injury is any damage sustained during the birthing process, most often occurring during transit through the birth canal. A difficult birth or an injury to the baby may occur because of the baby’s size or the position of the baby during labor and delivery. Birth injuries may occur, also, if the birth canal is too small or the fetus is too large (this sometimes occurs when the mother has diabetes). The rate of birth injuries is much lower than in previous decades, but birth injuries do still happen and the results can often be devastating to the life of the child. Birth injuries are one of the most common forms of medical malpractice. Some of the resulting injuries of difficult births and birth’s with physician error include:
· Facial paralysis: During labor or birth, pressure on a baby’s face may cause the facial nerve to be injured. Forceps may also cause this. The injury is often seen when the baby cries for the first time as there is no movement on the side of the face with the injury and the eye cannot close.
· Fractures: Fractures of the clavicle (collarbone) is the most common fracture during labor and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech birth.
· Erb’s palsy (also known as brachial plexus): Erb’s palsy occurs when the brachial plexus (group of nerves that supplies the arms and hands) is injured. This happens often when there is dystocia. Tearing of the nerve may result in permanent nerve damage. A newborn with Erb’s palsy will have his arm straight down at his side and will not move it and sometimes the arm may be slightly turned with a bent wrist and straight fingers.
· Cerebral palsy: CP is a permanent and irreversible crippling condition that affects the brain and central nervous system. Possible causes of CP during the birth process are unrecognized or untreated signs of fetal distress; the baby being stuck in the birth canal because of its size or position; placenta being prematurely sheared by the birth process; and untreated umbilical cord compression.
The birth of a child is supposed to be one of the most joyous occasions in an adult’s life, and most deliveries go smoothly and as expected. However, complications do arise during pregnancy and delivery, and these problems may result in serious and long-term injury to your newborn baby. If the harm to your baby was unavoidable, it is important to be aware of your legal rights regarding the birth of your newborn.
When determining who is responsible, there are many different factors taken into account. Did the doctor fail to emit proper procedures, were their any nurses, interns or techs involved, or was their medicine administered that caused this defect? In all of these situations Napoli Bern Ripka would be able to provide you with the answers on how to go about going forward with your case. Having a child who has encountered a birth injury is a trying time, which is never easy and emotional
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June 19th, 2008
When David and Elizabeth Morris were anticipating the birth of their son Hunter, there was no thought about problems that might arise. To their dismay, when their son was being delivered the doctors at the medical center failed to respond in a timely manner to Hunter’s deteriorating condition while still in the womb. Hunter suffered from oxygen deprivation at birth and as a result lives with permanent brain damage and cerebral palsy. In May of 2008, the Morris’ settled their lawsuit against the University of Virginia Medical Center for $1.35 million stemming from the 2001 birth of their son. The medical bills for Hunters lifetime are expected to be $9 million, which is well above state caps on medical malpractice damages.
In court papers, the Morrises, of Waynesboro, alleged that doctors at the University of Virginia Medical Center failed to respond to their son’s deteriorating condition in the hours before birth. The defendants denied the allegations. The foundation employing the doctors argued that it and the doctors were immune from suit by any patients because of the charity care they provide to indigent patients. At the time of Hunter’s birth, the maximum award in a malpractice suit in Virginia for an injured person was $1.6 million. State laws limiting the amount that parties can derive from medical malpractice suits will top off this summer at $2 million.
Newborns are very susceptible to infection and disease due to their size. Their soft bones, newly developed organs, and weak immune systems cause injuries to become sustained and thus causing devastating permanent effects. In Hunter’s case the lack of oxygen caused damage to his brain leading to cause medical malpractice related cerebral palsy. Cerebral palsy causes those suffering from it to experience blurred speech, poor muscle control, limited mobility, and learning disabilities. The physicians at the University of Virginia Medical ignored their responsibility to accurately ensure that Hunter was properly oxygenated, and did not take immediate action to correct any potential problems.
5 out of every 1000 babies born in the US will undergo some sort of birth injury. The difference between a birth defect and a birth injury is that the latter occurs during a difficult delivery when something goes wrong and the child some sort of distress. When determining who is responsible, there are many different factors taken into account. Did the doctor fail to emit proper procedures, were their any nurses, interns or techs involved, or was their medicine administered that caused this defect? In all of these situations an experienced birth injury lawyer would be able to provide you with the answers on how to go about going forward with your case. Having a child who has encountered a birth injury is a trying time, which is never easy and emotional.
For more information about the News Advance article: Morris vs. University of Virginia Medical Center click here
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