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or birth injury preventable?
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or birth injury preventable?
Cerebral palsy (CP) is often caused by injury or damage to the brain. People with CP have trouble with motor control, making it difficult to move and sometime causing involuntary movements. Depending on the type of CP, people with Cerebral Palsy will have cognitive problems and learning disabilities.
Common indicators of children with CP include seizures, missing common child development milestones such as crawling or walking, involuntary movements, speech and language difficulty, and problems with vision and hearing. Many children who have cerebral palsy suffered an injury at or near birth that could have been prevented.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury caused by lack of oxygen or blood flow to the brain. HIE is a type of birth injury, since it is an injury that may occur at or near the time of birth. Some other terms associated with HIE are birth asphyxia, perinatal asphyxia, and neonatal encephalopathy.
A common treatment for HIE is therapeutic hypothermia (also known as “infant cooling”) where the baby is fitted with a cooling cap or placed on a cooling blanket to try and minimize or prevent brain damage. HIE is a leading cause of cerebral palsy (CP) and other mental and physical injuries at birth.
Birth injuries happen near or during childbirth and include injuries to the child’s developing brain and body. Sometimes, birth injuries result in obvious symptoms, like seizures, lethargy, and fussiness for no apparent reason. Other times, symptoms may not be obvious until the child starts missing common child development milestones. Hypoxic-ischemic encephalopathy, Cerebral Palsy, and Erb’s Palsy are common forms of serious birth injuries.
Many birth injuries are due to medical negligence, and could have been prevented if the providers had followed the standard of care. The medical expenses necessary to care for a child with birth injuries caused by medical negligence can be very significant. A birth injury lawyer can help evaluate your child’s legal rights.
Our birth Injury attorneys have the
experience and empathy
to help you find answers.
Birth injury cases are difficult. The medicine involved is challenging and, every case is different. When it comes to handling these cases, having a birth injury lawyer with experience and a history of results matters.
Our experienced attorneys focus on cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and birth injury cases. We have the trial experience and mediation experience to win and to help get you the best result. Laura Brown has secured millions of dollars in compensation for children and families who are victims of birth injuries.
At the Brown Trial Firm, when we accept a case, we join your team. We understand that families taking care of a child with serious injuries may not be able to afford to pay legal fees and costs. We take cases on a contingency fee basis, which means we put our time and money into investigating and developing your case, so that you pay nothing out of pocket. We only get paid if we are successful for you.
Texas Based Trial Attorneys Representing Babies and Families Nationwide
Areas of Practice
At the Brown Trial Firm, our attorneys focus on representing children and families in birth injury cases. There are many potential causes of birth injuries, however, we see that many birth injuries are caused by:
Fetal Heart Monitoring
Improper fetal heart monitoring can lead to a medical emergency and a preventable brain injury. An abnormal heart rate is a warning sign to hospital staff and doctors that the baby may need help. These warning signs require immediate attention and action.
Obstetrical forceps are used to grasp a baby’s head and pull the baby out of the birth canal. Using forceps to deliver a baby can cause physical injury to the baby. Forceps should only be used under careful supervision.
When a baby isn’t getting enough oxygen, the baby may need to be delivered by an emergency cesarean section to prevent injury. A delayed c-section can cause birth asphyxia, HIE, cerebral palsy, and other serious birth injuries.
Uterine rupture happens when the uterus of the mom tears. It can cause the mother to bleed, and can deprive the baby of oxygen. The lack of oxygen can cause the baby to suffer an HIE, CP, or other birth injuries. A common cause of a uterine rupture is when a scar from a previous c-section tears.
Hypoxia is a lack of oxygen. Ischemia is a lack of blood flow. Left untreated, hypoxia and ischemia cause serious harm to the baby. Medical professionals must attentively watch for signs of hypoxia and ischemia and timely treat oxygen deprivation.
There are four kinds of cerebral palsy: spastic CP, athetoid CP, ataxic CP, and mixed CP. All forms of CP involve problems with motor control and muscle paralysis. CP is one of the most common forms of birth injuries.
Vacuum-assisted delivery means attaching a soft cup to the baby’s head, then pulling the baby through the birth canal. Vacuum extraction should only be performed with caution and by experienced doctors. Vacuum extraction can cause serious injuries to the skull and to the brain.
Placental abruption means that the placenta separates from the uterus before the child is born. This condition can cause a lack of oxygen to the baby, resulting in HIE, Cerebral Palsy, and other serious injuries. Physicians should monitor the condition and be prepared to order an emergency c-section if necessary.
Was your baby’s birth injury preventable?
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How do I know if my baby suffered a birth injury?
To find out whether a baby suffered a birth injury, there must be an evaluation of the medical records and information about the events that happened. The condition of the mom and the baby are important details. However, we frequently get questions from parents about the APGAR scoring system and how an APGAR score relates to a birth injury.
An APGAR score is one of the pieces of information to evaluate. If you aren’t sure if your child has suffered a preventable birth injury, the best thing to do is to contact a birth injury attorney for a consultation. An attorney can help investigate your case to find out what happened and whether the injury was preventable.
What is my baby’s APGAR score?
A baby’s APGAR score is a simple test given to a baby after birth.
APGAR is an acronym that stands for Appearance, Pulse, Grimace, Activity, and Respiration. This scoring system is a method of measuring a baby’s vitals and overall health shortly after childbirth.
The test is usually given twice: the first time 1 minute after birth, and a second time, 5 minutes after birth. Generally speaking, a low APGAR score is an indicator that something is wrong with the baby. Resuscitation and or treatment may be necessary for a baby with a low score.
APGAR scores are only part of the information that should be evaluated.
What does my baby’s APGAR score mean?
Understanding the APGAR scoring system: the number of points from each section of APGAR are added together to reach a total number. The maximum possible score is a 10, while the lowest possible score is a 0.
A baby who scores a 7 or above is considered in good health, while a baby who scores under a 7 may require immediate medical care.
If the baby’s score does not improve between the first test at 1 minute after birth and the second test at 5 minutes after birth, the doctors and nurses should continue to monitor the baby and give the baby any necessary medical care. If you aren’t sure if your baby has suffered a birth injury, contact us. We will do a free case review to help you determine whether your child was injured by negligence.
|0 Points||=||Bluish-gray or pale all over|
|1 Point||=||Normal color (but hands and feet are bluish)|
|2 Points||=||Normal color all over (hands and feet are pink)|
|0 Points||=||Absent (no pulse)|
|1 Point||=||Pulse below 100 beats per minute (bpm)|
|2 Points||=||Pulse over 100 beats per minute (bpm)|
|0 Points||=||Absent, no response to stimulation|
|1 Point||=||Facial movement only, grimacing with stimulation|
|2 Points||=||Pulls away, sneezes, coughs, or cries with stimulation|
|0 Points||=||No movement, or “floppy” tone|
Flexed arms and legs with little movement
|2 Points||=||Active, spontaneous movement|
|0 Points||=||Absent, no breathing|
|1 Point||=||Slow or irregular breathing, weak crying|
|2 Points||=||Normal rate of breathing and effort, good crying|
If you have questions or concerns about your baby’s APGAR score, we have birth injury attorneys and nurse consultants available to answer your questions.
Can I afford an attorney?
We believe that everyone deserves fairness and justice. Everyone deserves to know what happened and why. Many people don’t think they can afford an attorney. We understand that families caring for children with birth injuries may not be able to pay an attorney an hourly fee.
That’s why we operate on a contingency fee basis. That means if we accept your case, we join your team.
We put our own time and money into investigating and litigating your case. In a contingency fee agreement, we only get paid if we are successful in representing your child and your family. If we represent you, you will never pay anything out of pocket.
$10.3 million dollar verdict from a jury trial in Texas. The child’s HIE and CP were caused by hypoxia and ischemia when the umbilical cord wrapped around the child’s neck, preventing the child from getting enough oxygen. The medical providers did not identify the warning signs and did not order a timely c-section. The delay caused severe and permanent injuries.
$7.7 million dollar settlement from a case in Texas. The child suffered HIE and CP injuries when the medical professionals failed to timely order and perform a c-section in response to fetal distress warnings. A contingent (%) fee charged on the successful recovery resulted in a fee of $3,080,000 and litigation expenses and attorney’s fees which were reimbursed by the client out of the gross settlement amount.
$5.8 million dollar settlement on a case in Federal Court in the Western District of Texas, Austin Division. The child suffered HIE and CP as a result of uterine rupture, placental abruption, and a delay in performing an emergency c-section. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,441,584 and litigation expenses and attorney’s fees which were reimbursed by the client out of the gross settlement amount.
Please contact us for a complete list of verdicts and settlements.
Needing a personal injury lawyer is usually the result of a stressful and life disrupting event. In the extreme cases it can be a forever life changing event. For us it was the latter. We lost a loved one who was involved in a car accident while traveling out of state. This of course added to the complexity and stress of such a horrific event in our lives and we were lost on what to do, how to start, where to start and unfortunately who to trust.
Thankfully we were referred to Laura. I don’t think I can ever say an experience like ours was made easier, that’s an impossible task for anyone to do, but it was made less stressful and less chaotic by Laura and her team. It allowed us to focus on us and our healing without worrying about the thousands of things that needed to be done to bring closure to the actual accident.
Without hesitation we would recommend Laura Brown if you need representation.
I had an amazing experience working with Laura and the time I did get to work with Dale it was the same. I will definitely recommend them to any family or family. Laura is definitely hands down an amazing lawyer.
Si necesitas ayuda legal, recomiendo ampliamente a la abogada Laura Brown. Me ayudo mucho en mi caso.
Laura Brown was the perfect choice for our personal injury. She worked tirelessly on the case to make sure that justice was served. I highly recommend Laura and her team to anyone needing a personal injury attorney.
Laura Brown and Dale Williams are very genuine people. When I first met them, I felt relieved because I knew these are good and honest people who want to help. Laura came and visited me in the hospital and I could tell she cared about me like I was family.
I was very pleased with how Laura and Dale represented me throughout the mediation. She remembered everything about my case and she was invested in me and my well being. Her whole team is awesome! I also appreciated how she patiently explained the legal and medical terms so that we understood what was going on. I would highly recommend Laura and Dale if you need help with an injury.
Amazing, Amazing, Amazing! $10.3 million jury verdict! I cannot say enough great things about this firm. Laura and Dale believed in our case from the beginning. They worked their hearts out to get justice for a young child who was injured by the negligent actions of a hospital and its nurses. They cared more about the young child than anything else. They were a gift from above in a time of need. I have been a lawyer for 20 years, and can honestly say that this law firm could be the best medical malpractice firm in the country. Aside from being professors at the prestigious Baylor Law School, Laura and Dale have a proven history of success in the courtroom. If you are looking for a medical malpractice law firm or a personal injury lawyer, look no further. These are the folks you want on your side. I recommend them without hesitation.
We were fortunate to be referred to Dale and Laura by a friend when our family experienced a very tragic loss. While nothing truly erases the pain of losing a loved one so abruptly, together they were able to give us reassurance and comfort throughout the process of a wrongful death suit. They made themeselves readily available to us anytime we had questions and always made us feel like family. We knew from the beginning that we were blessed to have Dale & Laura on our side. Their integrity and values are outstanding. They went above and beyond to give our family a level of closure that was vital for us to move forward in healing from our loss. We were more than pleased with our experience and the outcome. Thank you Dale and Laura for your outstanding work!
We’ve compiled the some of the best, current information from authoritative sources on birth injuries and child care, such as government sources, medical journals, experts, and more. We’re constantly updating the blog, so check back often! If there’s anything you’d like to hear about, feel free to let us know.
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He goes by the nickname the “Heavy Metal Dad” and together with his son, Mason, the duo is pioneering a new kind of sound based therapy for children with Cerebral Palsy.
A hemorrhagic stroke is characterized by bleeding that interferes with the brain’s normal functions. In newborns, a hemorrhagic stroke can occur because of bleeding within the brain itself or between the baby’s brain and skull.
Cord blood banking saves precious stem cells that can save lives and further research toward cures for diseases including birth injuries such as HIE and Cerebral Palsy.