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Birth Injury and Cerebral Palsy


ROSSETTI & DEVOTO, P.C. are experienced New Jersey and Pennsylvania birth injury lawyers ready to help families of children who have suffered birth injuries as a result of medical malpractice and obstetrical malpractice. This may include a doctor or nurse’s failure to properly monitor a fetus during prenatal care, during labor or during delivery. Oftentimes, a lack of oxygen to the fetus is the reason a child will suffer cerebral palsy or other mental illnesses after birth. Other times, the inability to deliver the baby in a timely manner due to the size of the baby or the size of the mother will result in the baby’s shoulder getting stuck on the mother’s pubic bone (shoulder dystocia) leading to a delayed delivery and lack of oxygen.

Clear explanations are not always given about what happened to your baby and big words like acidosis, cerebral palsy, asphyxia, often cover up the truth about what went wrong. Many times, hospitals hide the fact that your baby’s brain was damaged because the heart slowed down from the powerful drugs they administered, that your baby lacked oxygen, or that the c-section they performed was delayed.  Other times, the inability to deliver the baby through the birth canal is not uncovered until it’s too late, forcing the doctor to take emergent last minute maneuvers that cause serious injury to the baby and the mom.

These serious injuries can include debilitating and life-long brain injuries like cerebral palsy, hypoxic ischemic encephalopathy (HIE) as well as severe nerve injuries like Erb’s palsy and Klumke’s palsy, caused by the stretching of the brachial plexus nerves at the time of delivery.

Our team of birth injury attorneys will uncover the truth so you know what went wrong.  We have been fighting to improve patient safety for three decades and our cases have led to improvements in how medicine is practiced.  But mistakes still happen and when they do, we have the knowledge and resources to uncover the truth and to get you the compensation you need to make sure your baby has a chance at a meaningful and productive life.  You can expect us to leave no stone unturned, to give you honest answers, to explain even the most complicated medicine in clear and simple terms and to make ourselves available to you whenever you want to meet or talk.

Common Types of Birth Injuries:

  • Hypoxic Ischemic Encephalopathy (HIE)
  • Cerebral Palsy
  • Erb’s Palsy
  • Spinal cord injuries
  • Brain damage
  • Intracranial Hemorrhage
  • Brain and Birth Infections
  • Brachial plexus injuries
  • Shoulder dystocia

Doctors, nurses, hospitals and other medical professionals must be aware of the conditions of their patients and the complications that can result from providing timely and appropriate care that meets the accepted standards in their profession. When they fail to deliver acceptable care that meets the standards for their applicable practice specialty, they can be held responsible for a birth injury.

Common Causes of Birth Injuries:

  • OB-GYN negligence
  • Improper NICU care
  • Anesthesia errors
  • Lab errors
  • Medication errors
  • Traumatic deliveries
  • Failure to Monitor
  • Improper Fetal Monitoring
  • Failure to do timely C-section
  • Improper prenatal care
  • Delayed delivery
  • Fetal distress.

We aggressively investigate all New Jersey and Pennsylvania birth injury cases, obtaining and scouring the medical records to determine if your child or loved one has suffered as a result of medical malpractice. We have top experts in every medical specialty standing by to help review your case.  Call now for a free consultation.  All costs of  investigating the case are advanced by the law firm and we work on a contingency fee so there is no charge to you unless we win.

RECENT VERDICTS AND SETTLEMENTS IN BIRTH TRAUMA CASES

 $9.5 Million birth injury settlement for birth injuries sustained shortly after birth at a hospital in South Jersey after a hospital lab worker incorrectly entered a critical lab test result into the hospital’s electronic medical record. Doctors in the NICU then negligently discontinued an anti-viral medication without seeing the actual test result and without obtaining several other tests results, either of which would have alerted them to the error. The medication was needed to treat the herpes simplex virus and had been prophylactically prescribed while awaiting for the test results to come back from another hospital that was better equipped to perform the testing. Because of these catastrophic system failures, the herpes simplex virus went incompletely treated and virus continued to attack the child’s central nervous system leaving her with brain damage, cerebral palsy and in need of life-long care. Lou DeVoto represented the family.

$— Confidential settlement for a birth injury caused by obstetrical malpractice. Lou DeVoto represented the family of the young boy.

$— Confidential settlement for a 17 year old boy who was injured at birth by a doctor who mismanaged his delivery. Lou DeVoto represented the injured minor and his mother in this shoulder dystocia case resulting in nerve injury to the arm. Case settled for full policy limits of doctor.

$— Confidential settlement for birth injury caused by negligent doctor’s failure to diagnose shoulder dystocia resulting in nerve damage to the arm. Lou DeVoto represented the family of the child.

$— Jury Verdict in Camden County for birth injuries to baby’s shoulder during delivery causing nerve injury to one arm. Confidential settlement was entered into after the verdict. Lou DeVoto represented the family of the child.

Why are settlements confidential? Unfortunately, many medical providers and their insurance carriers will insist on confidentiality as a condition of settlement. The decision to enter into a confidential settlement is always left up to our individual clients on a case by case basis.

Learn how ROSSETTI & DEVOTO’S birth injury attorneys can ensure that your child is compensated for the life-long injury and medical treatment costs. Contact us to set up your confidential and free consultation.

Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto

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