Medical Malpractice Judge Finds That Short Delay Led To Girl’s Cerebral Palsy

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Posted on 18th June 2010 by gjohnson in Uncategorized

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Mere minutes made the difference that resulted in a newborn getting cerebral palsey, according to a judge who found a doctor and nurse negligent in the botched birth.

In a case in British Columbia, Canada, Judge Ian Pitfield on Monday ruled in favor of the family of Mirella Steinebach, finding that her physician Dr. Jodi Lock O’Brien and nurse Charito Hermogenes were liable for negligence during  her March 31, 2005 birth at Surrey Memorial Hospital.

The girl, now five, has cerebral palsy, a result of oxygen deprivation to her brain. It happened when her placenta separated fomr her mother’s uterus during the birth.

http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100615/bc_cerebral_palsy_lawsuit_100615/20100616?hub=BritishColumbiaHome

The damages in the civil case haven’t been determined yet, but estimates are in the $730,000 range. 

In his ruling, the judge noted that Mirella was born ar 5:37 a.m.,  but oxygen to her brain was cut off sometime between 5:17 a.m. and 5:27 a.m. 

“It follows that if Mirella had been delivered at any time before 0517 hours, it would it is more likely than not that she would not have suffered hypoxic-ischemic encephalopathy,” or the brain damage that led her to get cerebral palsy.    

The judge wrote that Mirella likely won’t live past 20 years old.

Her birth had several complications that the Dr. O’Brien seemed to overlook, including the fact that Mirella’s mother had gestational diabetes and low weight gain for a pregnancy.

“Dr. O’Brien owed a duty to Ms. Steinebach to consult with an obstetrician regarding the appropriate course for the management of the labour,” the judge wrote in his ruling.

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Epilepsy Drug Connected To Major Birth Defects In Babies

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Posted on 16th June 2010 by gjohnson in Uncategorized

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The epilepsy drug valproic acid, when taken by expectant mothers in their first trimester, has been linked to birth defects in the brain, heart and arms of newborns, according to a new study.

http://news.yahoo.com/s/hsn/20100609/hl_hsn/epilepsydruglinkedtoseriousbirthdefects

For example, babies whose moms took valproic acid , whose brand names include Depakene and Depakote, were almost seven  times more likely to suffer with craniosyostosis, which is a fusion of the skull when the fetus is still in the womb. That fusion put hinders skull and brain development.

In terms of other birth  defects, mothers who took valproic acid during the first three months of their pregnancy incresed their odds, by 12.7  times, of  having a baby with spina bifida, which is when the spinal cord and backbone don’t develop properly, compared to women who didn’t take the drug.

Newborns whose mothers took valproic acid were also five times more likely to have a cleft palate;  2.5 times more likely to have the athrial septal heart defect; and more than two times as likely to have an extra finger on their hand. 

Those statistics have to be put in context. Even though there is a higher risk of birth defects for children of  mothers who took the anti-seizure medication, that risk overall is not huge. In the case of spina bifida, the risk went from 0.6 percent, or six in 1,000, compared with 0.5, or five in 1,000, for children whose mother’s hadn’t taken the anti-sezure medication.

Scientists are advising women of childbearing age to find a substitute drug to ward off seizures.

The study was published in The New England  Journal of  Medicine.

http://content.nejm.org/cgi/content/abstract/362/23/2185

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Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.