Birth Injury

During birth a baby may suffer an injury as a result of the birth process. A conservative estimate is that between 2-7 babies out of every 1,000 suffer a birth injury during the birth process.

Serious birth injuries include cerebral palsy; brachial plexus palsy, including Erb’s palsy or erb-duchenne paralysis, Klumpke paralysis, and Horner’s syndrome; shoulder dystocia; uterine rupture after VBAC or vaginal birth after previous cesarean delivery; preeclampsia, toxemia or pregnancy induced hypertension; and improper use of vacuum extractor of forceps.  An Oregon lawyer or attorney can assist you in determining whether any of these injuries were the result of a medical error.

Cerebral Palsy

Cerebral palsy refers to a group of disorders that affect a person's ability to move and to maintain balance and posture. It is due to a nonprogressive brain abnormality, which means that it does not get worse over time, though the exact symptoms can change over a person's lifetime. People with cerebral palsy have damage to the part of the brain that controls muscle tone. There are four main types of cerebral palsy - spastic, athetoid, ataxic, and mixed.

Spastic: People with spastic cerebral palsy have increased muscle tone. Their muscles are stiff. Their movements can be awkward. Seventy to eighty percent of people with cerebral palsy have spasticity. Spastic cerebral palsy is usually described further by what parts of the body are affected. In spastic diplegia, the main effect is found in both legs. In spastic hemiplegia, one side of the person's body is affected. Spastic quadriplegia affects a person's whole body (face, trunk, legs, and arms).

Athetoid or dyskinetic: People with athetoid cerebral palsy have slow, writhing movements that they cannot control. The movements usually affect a person's hands, arms, feet, and legs. Sometimes the face and tongue are affected and the person has a hard time talking. Muscle tone can change from day to day and can vary even during a single day. Ten to twenty percent of people with cerebral palsy have the athetoid form of the condition.

Ataxic: People with ataxic cerebral palsy have problems with balance and depth perception. They might be unsteady when they walk. They might have a hard time with quick movements or movements that need a lot of control, like writing. They might have a hard time controlling their hands or arms when they reach for something. People with ataxic cerebral palsy can have increased or decreased muscle tone. Five to ten percent of people with cerebral palsy have ataxia.

Mixed: Some people have more than one type of cerebral palsy. The most common pattern is spasticity plus athetoid movements.

The symptoms of cerebral palsy vary from person to person. Symptoms can also change over time. A person with severe cerebral palsy might not be able to walk and might need lifelong care. A person with mild cerebral palsy, on the other hand, might walk a little awkwardly, but might not need any special help. People with cerebral palsy can have other disabilities as well. Examples of these conditions include seizure disorders, vision impairment, hearing loss, and mental retardation. An Oregon lawyer or attorney can assist you in determining whether your child's cerebral palsy was the result of a medical error.

Brachial Plexus Palsy
Erb’s palsy or Erb-duchenne Paralysis,
Klumpke Paralysis, Horner’s Syndrome

A baby may suffer various types of brachial plexus injuries and conditions: Erb's palsy or erb-duchenne paralysis (affecting the muscles around the shoulder and elbow); Klumpke's palsy (affecting the baby’s muscles of the forearm, wrist and hand); and Horner's syndrome (affecting affects the facial nerves, eyelid and pupil dilation).

Brachial plexus palsy refers to a condition in which the brachial plexus (the group of nerves that supplies the arms and hands) is injured. The injury commonly occurs if there is difficulty delivering the baby's shoulder, which is also called shoulder dystocia. If the brachial plexus nerves are torn, there can be permanent nerve damage. This tearing in turn causes the baby to lose its ability to flex and rotate its arm. An Oregon lawyer or attorney can assist you in determining whether your child's Brachial Plexus Palsy, Erb's palsy or Erb-duchenne Paralysis, Klumpke Paralysis, Horner's Syndrome was the result of a medical error.

Shoulder Dystocia

Shoulder dystocia of a baby is caused by difficulty during birth in which the shoulders of the baby will not pass through the mother's pelvis. The condition requires that certain maneuvers be performed, which can sometimes result in shoulder dystocia. Shoulder dystocia injuries include nerve injury, fractures of the humerus or clavicle, asphyxia and/or death. Shoulder dystocia injuries can cause brachial plexus injuries (Erb's palsy or erb-duchenne paralysis (affecting the muscles around the shoulder and elbow); Klumpke's palsy (affecting the baby’s muscles of the forearm, wrist and hand); and Horner's syndrome (affecting affects the facial nerves, eyelid and pupil dilation)), which are discussed above. An Oregon lawyer or attorney can assist you in determining whether your child's shoulder dystocia was the result of a medical error.

Uterine Rupture after VBAC
Vaginal Birth After Previous Cesarean Delivery

A vaginal birth after a previous cesarean delivery is called a VBAC. A VBAC procedure can present substantial risks to the mother and baby in certain circumstances. An uterine rupture is tearing at the uterine scar from a prior incision for a cesarean delivery.

Depending on the number of prior cesarean deliveries and the location(s) of the incision(s), the mother may or may not be a candidate for a VBAC. The more cesarean deliveries a mother has previously had, the greater the risk of uterine rupture during a VBAC. A doctor commits malpractice if he or she does not inform the mother of the risks of uterine rupture during a VBAC.

A doctor should attempt a VBAC only in hospitals in which there is immediately available a surgical team to perform a cesarean delivery. Failure to have this team immediately available during a VBAC is malpractice. If there is a uterine rupture during a VBAC and cesarean delivery is not immediately performed, the baby may suffer brain injury and/or death. Uterine rupture during a VBAC can also cause brain injury or death to the mother.

For further information, please see the American College of Obstetricians and Gynecologists, Practice Bulletin Number 5, July 1999. An Oregon lawyer or attorney can assist you in determining whether your child/mother's injury was the result of a medical error during a uterine rupture after VBAC or vaginal birth after previous cesarean delivery.

Preeclampsia or Toxemia
Pregnancy Induced Hypertension

Preeclampsia is a situation in which a mother’s blood pressure goes up, she retains water, and protein is found in her urine. This condition is also called toxemia or pregnancy-induced hypertension.

Symptoms of preeclampsia may be some or all of the following: edema (swelling of the hands and face), weight gain (excess of 2 pounds per week), headaches, decreased urine output, nausea and vomiting, high blood pressure, agitation, vision changes (flashing lights in the eyes), and abdominal pain. Without proper monitoring and treatment, preeclamsia can be harmful or deadly to the mother and/or baby. An Oregon lawyer or attorney can assist you in determining whether your child/mother's injury was the result of a medical error related to preeclampsia or toxemia, pregnancy induced hypertension.

Improper Use of Vacuum Extractor or Forceps

Improper use of vacuum extraction can result in major injuries to the baby. These injuries can range from brachial plexus injury from shoulder dystocia to scalp injuries, intracranial hemorrhage (bleeding into the brain), and skull fractures. Subgaleal hemorrhage, a specific condition in which large volumes of blood collect between the scalp and skin, has also been associated with vacuum extraction.
Improper use of forceps can also be a risk factor for serious birth injury. An Oregon lawyer or attorney can assist you in determining whether your child's injuries were the result of a medical error related to imporoper use of vacuum extractor or forceps.

Birth injuries can be caused by a medical errors. Whether your child suffers from cerebral palsy, brachial plexus palsy or some other serious birth injury, their life-long care and treatment can cost millions of dollars.

If your baby or child has been injured, it is important to have an Oregon lawyer evaluate any personal injury claim your baby may have. The law provides strict deadlines for bringing personal injury claims. It is critical that you contact an Oregon injury lawyer or Oregon accident lawyer if you think that your baby or child may have a claim. A Portland personal injury lawyer at Vangelisti Law Offices can provide you a free consultation to discuss your baby's or child's injuries and legal rights.

If you have a potential birth injury case in Washington, please visit our sister-site for Washington. 

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