Can I Sue My Healthcare Provider If My Baby Dies During Birth?

A woman, who was being held on drug charges in a county jail in Texas, has filed a lawsuit after she delivered a baby that died while she was in solitary confinement.

According to the Wichita Times Record News, Nicole Guerrero is suing Wichita County, Sheriff David Duke, Correctional Healthcare Management, Inc. and nurse Ladonna Anderson for medical malpractice.

After several complaints about pain, Guerrero who was being held in the Wichita County Jail in 2012 on a drug possession charge, was placed in a cell and left for several hours.

At some point, Guerrero alleged that she could feel the baby’s head starting to emerge and a detention officer walking by helped her deliver her daughter, who was “dark purple, and had the umbilical cord wrapped around her neck.”

After the baby was delivered, in her lawsuit, Guerrero claims that Anderson patted the baby on the back until medical officials arrived 20 minutes later. Emergency officials then took the baby to a hospital where it was pronounced dead.

This case is truly disturbing. Aside from death, birth injuries resulting from inadequate or negligent healthcare can include deformities, brain damage, cerebral palsy and erb’s palsy.

Call us today at 1 (800) 460-0606 to schedule a free consultation if your son or daughter is suffering because of a health care provider’s inattention.

Cappolino Dodd Krebs LLP – Birth Injury Attorneys

Three Families Suing Same Oregon Hospital Over Birth Injuries

Three families in Oregon are filing separate multi-million dollar lawsuits against the same hospital after their children were born with brain damage and cerebral palsy.

The hospital involved in the lawsuit, Silverton Hospital, is located in Marion County. Two of the families claim that their children were born with permanent brain damage and cerebral palsy because of mistakes made in the delivery room at the hospital.

Another family claims that its child was born lifeless and that the hospital took too long to revive him, which deprived him from oxygen and caused brain damage.

Each family is seeking about $40 million in damages. The hospital has not commented on the lawsuits.

Sponsored by Cappolino, Dodd, Krebs, LLP, serving clients nationwide.

Lawsuit Claims Disney Parks Violate ADA, Children With Disabilities Suffer

Disney is facing allegations of discrimination in a lawsuit that says that the company does not accommodate people with disabilities at its theme parks and violates the Americans with Disabilities Act.

According to DisabilityScoop.com¸ a lawsuit was filed recently by the mothers of 16 children and young adults with disabilities that accuses Disney of dissuading the presence of disabled youths at theme parks.

The lawsuit claims that Disney had made changes to its accommodation policies last fall, allowing individuals with disabilities and their guests to skip to the front of lines for attractions. However, visitors to Walt Disney World and Disneyland must now obtain a Disability Access Service Card, which allows them to schedule a return time to wait in line for a ride.

The lawsuit claims the parks instituted the new policy to “cleanse its parks of what Disney views as the anti-Magic of such persons’ stimming, tics and meltdowns.”

Sadly, many children with disabilities are suffering because of a healthcare provider’s negligence. Disabilities including brain damage and cerebral palsy, are often the result of a medical provider’s carelessness at birth.

Sponsored by Cappolino, Dodd, Krebs, LLP, serving clients nationwide.

Is Fluorescein Angiography Better that RetCam Imaging for ROP?

A picture of an injured babyThe American Association of Pediatric Ophthalmology and Strabismus (AAPOS) met this month in California for its annual conference. At the conference, many doctors presented their findings on bettering the treatment  and measures taken to prevent blindness in premature babies affected by retinopathy of prematurity (ROP).

One study, presented by pediatric ophthalmologist Luxme Hariharan, focused on the possible benefits a new procedure may have for screening and monitoring ROP progression in infants. Photographs taken with fluorescein angiography would supplement traditional “fundography” systems, such as RetCam images, but would not replace the need for good clinical exams.

The study found that while some pictures of the retina taken with a RetCam are “hazy and [do] not show the distinct nature of the enhanced vasculature,” images taken using fluorescein angiography were able to show even the slightest of ROP blood vessel changes. This procedure involves injecting newborns with fluorescein dye before taking the images. However, doctors may find the administering the fluorescein angiography procedure has a bit of a learning curve.

Children’s Hospital of Philadelphia doctor Graham E. Quinn, who commented on the use of fluorescein angiography in a Medscape Medical News article, commented that “good imaging [using fluorescein angiography] is a skill that must be practiced many times” and that the procedure itself is “not an easy thing; it’s a bit intimidating.”

Sponsored by Shapiro Law Group, located in Bradenton, Florida

What Does a Retinopathy of Prematurity Coordinator (ROPC) Do?

In an effort to address the number of prematurely born babies who suffer preventable blindness due to retinopathy of prematurity (ROP), some hospitals are utilizing a relatively new job role created just for monitoring newborns at risk for ROP. The Retinopathy of Prematurity Coordinator, or ROPC, is typically a registered nurse who has a wealth of experience in neonatal nursing. The ROPC follows the healthcare provided to infants from the moment they are identified at risk until they reach full retinal vascularization.

An overview of the duties the ROPC is in charge of includes the following:

  • Recognizing premature babies who may be at risk of suffering blindness caused by ROP, which includes children born before 30 weeks of gestation and those who are born weighing less than 3 pounds, 4 ounces
  • Tracking what care is provided to prematurely born infants to ensure that they receive the ROP screening, monitoring and treatment they need in a timely manner
  • Educating parents about the seriousness of the condition and the importance of follow-up care after the child is discharged from the hospital
  • If outpatient ophthalmology appointments are needed, the ROPC will coordinate these appointments as well as outpatient care transfers

Regardless of whether the hospital has an ROPC or not, it is the responsibility of medical professionals to take the necessary actions to prevent babies from going blind due to retinopathy of prematurity. When they fail in this duty and your child suffers severe vision problems or becomes blind due to ROP, you may be entitled to pursue an ROP lawsuit for their negligence. Reach out to the attorneys at the Shapiro Law Group today to learn more about your rights.

Shapiro Law GroupBringing Awareness About Retinopathy of Prematurity

Retinopathy of Prematurity Requires Follow-up Care

Learning that your newborn child has a devastating medical condition is every parent’s worst nightmare. However, premature babies diagnosed with the eye disease retinopathy of prematurity (ROP) may be able to overcome this condition if medical professionals act appropriately to screen, monitor the regression or progression and provide treatment when necessary for ROP.

The following are recommendations for medical professionals dealing with children at risk of becoming blind due to ROP:

  • Make a plan for the care providers involved (hospital, Neonatal Intensive Care Unit, ophthalmologist) so that each party knows their responsibilities for the care of babies who may develop retinopathy of prematurity.
  • Educate the parents about the seriousness of ROP and the importance of having their infants undergo repeat eye exams.
  • Schedule the initial and repeat vision tests needed to monitor ROP and adequately document the results.

Sadly, ROP is currently the leading cause of preventable blindness for children throughout the world. If doctors were more diligent about providing follow-up care with a sense of urgency, this devastating condition could be wiped out. If your child is now blind or has vision problems because a medical professional failed to do what was necessary to preserve your baby’s sight, speak with the Shapiro Law Group to learn more about your ability to hold doctors accountable by filing an ROP lawsuit.

Why is Using a RetCam Important for Detecting Retinopathy of Prematurity?

It is essential for premature babies born before 30 weeks of gestation and weighing 3 pounds or less to receive a screening for retinopathy of prematurity (ROP). This potentially devastating retinal disease can cause vision problems and baby blindness when not detected, monitored and treated in a timely manner. A useful and, some would argue, necessary piece of equipment qualified pediatric ophthalmologists should employ when caring for your prematurely born infant is a RetCam.

A RetCam utilizes a high-powered microscope and camera to take digital images of babies’ retinas. These pictures give doctors important insight as to whether a child is suffering from ROP and where in the retina the disease is located. A RetCam is a crucial tool for monitoring the progression or regression of ROP.

Many hospitals and healthcare facilities are reluctant to purchase vision-saving RetCam machines because of the expense. However, the cost is negligible compared the thousands of premature babies whose sight would benefit from RetCam screenings. If your newborn was born prematurely and did not receive treatment for ROP in a timely manner, talk with our attorneys to learn more about your options. You may be able to hold the medical professionals responsible for your child’s ROP blindness legally accountable for their negligence.

Shapiro Law GroupBringing Awareness About Retinopathy of Prematurity

Is Laser Therapy Safer than Avastin for Retinopathy of Prematurity (ROP) Treatment?

According to Opthalmology Times, using bevacizumab to treat retinopathy of prematurity (ROP) may be a more cost-effective solution than traditional laser therapy. Bevacizumab, produced by the drug company Genentech under the name Avastin, was originally used to treat cancer. Much of how the drug works to reverse the progression of ROP is completely unknown, along with any possible long-term side effects and complications Avastin may have. Without the clinical testing and studies to prove its efficacy and safety, it seems that the risks associated with using bevacizumab as the principle form of ROP treatment may outweigh any possible benefits until the medical community gains a further understanding of how it works.

Doctors know that laser therapy works to treat ROP. With minimal risks and a track record of successfully halting or reversing the growth of abnormal blood vessels, laser therapy can prevent ROP blindness. When it comes to comparing how cost effective one therapy is to another, this expense is negligible when it comes to saving the vision of your child. Contact our attorneys at the Shapiro Law Group. We may be able to help you hold the medical professionals who failed to screen, monitor and administer ROP treatment to your child responsible for their negligent actions.

Shapiro Law GroupBringing Awareness About Retinopathy of Prematurity

Parents in Maryland are Advocating for Krabbe Disease Screening for Newborns

A couple in Maryland is pushing to change state law to include Krabbe disease in screening for newborns, according to WJLA ABC 7. If implemented, Maryland would join four other states that currently test for Krabbe, and six diseases total would be screened if the law is changed, at an additional $4 or $6 per newborn. The parents at the forefront of this effort are Kathleen and Ben Smith, who were directly affected by Krabbe after their daughter was diagnosed with the disease.

“We feel that adding Krabbe to newborn screening in the state of Maryland could potentially save lives,” Kathleen told WJLA. “We want her life to have changed something in Maryland and even nationwide.”

If you believe your child may have suffered a preventable birth injury like Krabbe disease, contact our firm today for a free consultation. We can assist you in determining whether you are due compensation for your child’s condition.

Koonz, McKenney, Johnson, DePaolis & Lightfoot, L.L.P.

Maryland, Washington DC and Virginia Injury Attorneys