Author: YostLaw

Fetal Acidosis

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Before a baby is born, the fetus is completely dependent on the mother’s blood supply to receive oxygen and nutrients. These necessities are delivered from mother to child through the umbilical cord and placenta. If proper care is not taken by a medical professional during the labor and delivery process, the baby’s oxygen supply can become compromised. When a baby is suffering from oxygen deprivation, brain cells begin to die off and brain damage can be irreversible.

Fetal acidosis is a symptom of serious brain injuries caused by a severe lack of oxygen to a baby during labor and delivery (such as, Cerebral Palsy (CP), Hypoxic Ischemic Encephalopathy (HIE), and seizure disorders). Fetal acidosis is diagnosed by a lab test, (blood cord gas test) performed in the first few minutes of a newborn’s life, analyzing the pH level of the blood drawn from the umbilical cord artery and veins.  If the pH level of the cord blood sample is 7.0 or less, the baby has a low (acidic) cord pH and is diagnosed with fetal acidosis.  A low cord pH at birth is one of the most common indicators of a baby’s lack of oxygen during labor and delivery.

Birth injuries due to low oxygen supply (hypoxia) or no oxygen supply (anoxia, or asphyxiation) can be avoided by good medical care during labor and delivery, including routine monitoring of the baby (fetal movement and heart rate), the mother’s vital signs (maternal heart rate and maternal blood pressure), and uterine contractions during labor (how long the contractions last, how strong the contractions are and how close together the contractions occur).

If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Perforation of Small Intestine During Laparoscopic Cholecystectomy

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Laparoscopic cholecystectomy, commonly referred to as a “lap choly,” is a procedure that involves removing the gallbladder. A patient may need removal if the gallbladder is full of gallstones (cholelithiasis), inflamed, or infected (cholecystitis). When a lap choly is needed, laparoscopic techniques are used to perform this minimally invasive surgery with the assistance of a video camera and several thin instruments.

The laparoscopic incisions, each one about ½” in size, limit the surgeon’s view of the patient’s abdomen. This limited view during surgical dissection and electrocautery can be associated with serious complications. Several factors may play a role in causing these injuries, such as the complexity of the case and the experience of the surgeon.

Although injury to the common bile duct (the tube that carries bile from the gallbladder to the small intestine) is one of the most serious complications of gall bladder surgery, injury to the small bowel (small intestine) can occur as a result of a medical provider’s incorrect use of surgical tools during laparoscopic cholecystectomy.  Perforation or laceration of the small intestine during lap choly can occur when the nearby wall of the small intestine is cut by a surgical tool or burned during electrocautery.  If left undetected and not quickly repaired, a hole in the small intestine can cause bile to leak into the abdomen and can lead to life-threatening infection (abscess, peritonitis and sepsis). The duodenum (upper section of the small intestine) or jejunum (the middle portion of the small intestine) are the two most likely sections of the small intestine to be negligently damaged during laparoscopic gall bladder surgery.

Before laparoscopy is performed on a patient, the patient must be properly evaluated, including a full clinical history and thorough clinical examination. If you would like to discuss your potential claim arising from an intestinal injury during laparoscopy, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. At The Yost Legal Group, there is no fee or expense unless you recover.

Spastic Cerebral Palsy at Birth

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Spastic cerebral palsy is a permanent loss of muscle control caused by an injury to the brain resulting from a variety of causes, one of which is a lack of oxygen to the baby during labor and delivery.

Spastic CP is characterized by involuntary movement of the arms and legs, uncontrolled muscle spasms and can also affect the muscles controlling speech and swallowing.  Spastic CP can affect all four limbs, neck and torso (tetraplegia), both arms and both legs (quadriplegia), or only one arm or leg (monoplegia) but most commonly affects the arm and leg on one side of the body, only (hemiplegia).  Less commonly, spastic quadriplegia can affect three limbs (triplegia).

Poor coordination and balance, a complete inability to relax tightened muscles, difficulty walking, talking and eating are all common complications of spastic CP.  For those who suffer from this neurological disorder, affected joints become very stiff and hard to move.  Over time, the affected arms or legs may become extremely painful and interfere with the ability to function independently or even to sit in a comfortable position

Birth injuries, such as spastic cerebral palsy, can be the direct result of medical negligence.  It is important for medical providers to consistently monitor the baby’s heart rate and the mother’s contraction rate to identify if the baby is experiencing a lack of oxygen during the entire course of labor and delivery. If a complication, such as a very low (bradycardia) or very high (tachycardia) fetal heart rate is identified in a timely manner, medical providers can respond immediately to fetal distress.  A baby’s lack of oxygen during labor and delivery is an obstetrical emergency and can result in permanent brain injury such as spastic CP.

There are a number of treatments available for the management of spastic CP. However, the cost of care for a child with cerebral palsy, or any brain damage, is very high. If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Cardiac Arrest During Spinal Block

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While general anesthesia is used for many surgical procedures, and local anesthetics are usually given by injection into a very specific part of the body that needs to be numbed, an injection of numbing medication into a patient’s back allows a whole region of the lower body to be pain-free without putting the patient to sleep during some abdominal surgeries, leg and feet surgeries or other lower body procedures, such as urinary tract procedures. Spinal block is also the preferred method of controlling pain during labor and delivery.

Spinal anesthesia is performed by an anesthesiologist (a doctor who specializes in administering all types of anesthesia to patients) who injects the medication just outside or just inside the membrane surrounding the spinal cord.  If the numbing medication is injected just outside of the membrane that holds the spinal fluid, it is known as an epidural injection.  If the anesthetic is injected directly into the spinal fluid it is known as a spinal injection. Epidural injection is placed using a small, soft tube (catheter) and can be injected into the patient’s back at either the upper (cervical), middle (thoracic) or lower (lumbar) region.  Spinal injection uses a needle to enter the spinal fluid and can only be inserted in the lower (lumbar) spine to avoid puncturing the spinal cord with the sharp needle.

Epidural and spinal anesthesia work fast to numb the abdomen, legs and feet by blocking nerve signals. A patient will begin to feel the effects of an epidural or spinal injection within just a few minutes and will typically experience complete lower body numbness, and no pain, within twenty minutes.

Handled properly, epidural and spinal blocks offer anesthesia quickly and efficiently. However, if the injection is given in the wrong place (wrong site) or if too much medication is injected (an overdose) respiratory and cardiac arrest can occur. For example, if the anesthesia spreads above or below the intended spinal level, it can block nerves responsible for signaling the heart to beat and cause a dangerous slowing of the heartbeat (arrhythmia or bradycardia), a severe drop in blood pressure (hypotension) or a cardiac arrest.  Similarly, if the medication is incorrectly injected into a blood vessel it enters the bloodstream, travels throughout the body (systemic toxicity) and can interfere with the patient’s heart rate, breathing and blood pressure. This may cause heart damage, a brain injury or even death, by significantly affect the following:

  • Heart
  • Breathing
  • Brain function

Because of the risks of life-threatening complications during epidural and spinal anesthesia, equipment for emergency care (such as a defibrillator and injections of vasopressor medications) must be readily available and the attending healthcare providers must be prepared to immediately recognize and treat these complications. If you have been injured as a result of an epidural or spinal block the attorneys at Yost Legal Group are ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

Uterine Rupture and Birth Injury

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Uterine rupture in pregnancy can be life-threatening for the mother and baby. Signs and symptoms associated with uterine rupture should be identified by a medical provider through careful monitoring of the mother and baby during labor and delivery, and include:

  • Significant uterine bleeding
  • Severe chest pain or abdominal pain
  • Falling blood pressure in the mother
  • Abnormal or absent pattern of uterine contractions (visible on the fetal monitoring strip)
  • Abnormal fetal heart rate (visible on the fetal monitoring strip)

If the uterus ruptures, the baby may not be getting the amount of oxygen needed to survive. This obstetrical emergency requires an immediate caesarian section (C-section) delivery. If the symptoms of uterine rupture are not recognized and immediately treated by medical providers, the complete (anoxia) or partial (hypoxia) interruption in the baby’s supply of oxygen can cause permanent brain damage.

Hypoxic and anoxic brain injuries can cause disabilities such as cerebral palsy, delays in development and seizure disorders. If you would like to discuss your child’s potential brain damage claim arising from a uterine rupture during labor and delivery, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

Smith & Nephew Multi-District Litigation Comes to Maryland

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People from all over the United States suffering from injuries due to Smith & Nephew Birmingham Hip Resurfacing (BHR) and R3 Acetabular system hip devices are now closer than ever to receiving the compensation they deserve. On April 5, 2017, a federal Multi-District Litigation (MDL) was created to combine over 40 federal cases into one proceeding before one judge. The cases will be presided over by Judge Catherine C. Blake of the United States District Court of Maryland in Baltimore. This MDL allows for plaintiffs to maintain their right to a jury trial while benefitting from the efficiency and consistency of rulings by one judge.

Victims of the defective Smith & Nephew hip devices are in severe pain due to premature failure of the devices.  With normal use, components of the implant rub together causing metal particles to be released into the bloodstream. These metal particles cause elevated blood metal levels of Chromium and Cobalt called Metallosis. The side effects of Metallosis include severe hip and leg pain, tissue and bone death, loosening of the device, and pseudotumors.  These Smith & Nephew hip devices, which were supposed to improve the lives of hip replacement patients, have instead led to difficult complications and the need for revision surgeries.

The Maryland MDL gives victims new hope. They can now join together to fight for justice against Smith & Nephew. This is just the latest wave of lawsuits plaguing the medical device industry. Several other MDLs have already been formed to manage cases against hip device manufacturers like Stryker, DePuy, and Zimmer. Although it may take several years for the MDL proceedings to advance to the point where the first cases will be tried, there is no doubt that the consolidation of these Smith & Nephew claims is a step in the right direction.

Our experienced lawyers fight for individuals who have been harmed by defective products. If you or a loved one has been injured or required revision surgery following a Smith & Nephew or other defective hip device, the attorneys at the Yost Legal Group will investigate your potential claim and lawsuit. For a free consultation, please call us at 1-800-YOSTLAW.

Abdominal Injury During Laparoscopy

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Laparoscopy is one of the most common abdominal surgical procedures performed around the world. It is a minimally invasive surgery, which a surgeon performs by making several small incisions, each one about ½” in size, through which surgical instruments are inserted. Minimizing the size of the surgical incision greatly reduces the patient’s post-operative healing time, decreases the patient’s risk of developing a post-operative hernia, and minimizes surgical scars.

Unfortunately, the very small size of the laparoscopic incisions limits the surgeon’s view while entering the patient’s abdomen.  This limited view during insertion of sharp surgical instruments can cause serious injury to the patient.  If the surgeon is negligent in placing surgical tools too deep into the patient’s abdominal cavity, blood vessels or bowel are damaged and the patient can suffer life-threatening injuries such as internal bleeding (hemorrhage from a lacerated artery or vein) or sepsis (infection spread from a perforated or lacerated small intestine or bowel).

Vascular injury (injury to blood vessels) and bowel injury are the most common injuries suffered by patients having laparoscopic surgery and very often occur just as the abdomen is being entered and before the intended surgical procedure begins.  Major injury can occur when the Veress needle (a special needle used inflate the abdomen) or a trocar (a sharply pointed metal tube through which surgical tools are passed in and out of the abdomen) is negligently inserted into an artery, vein, colon, small intestine, ureter or other internal organ.

Additionally, a medical mistake can occur when the weight of a patient is not taken into consideration before surgery. In thinner patients, the distance between the anterior abdominal wall (where there are layers of abdominal muscle and tendons) and the retroperitoneal vascular structures (the major blood vessels located just behind the abdominal wall) is incredibly small. The distance between the abdominal wall and the thin patient’s aorta, iliac artery, and other great vessels may be as little as two centimeters. The distal aorta and right common iliac artery are particularly prone to injury and can be cut or damaged by negligent trocar placement at the beginning of the laparoscopic procedure.

Before laparoscopy is performed on a patient, the patient must be properly evaluated, including a full clinical history and thorough clinical examination. If you would like to discuss your potential claim arising from an injury during laparoscopy, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do

Placenta Previa and Hypoxic Brain Injury

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Placenta previa occurs when the placenta lies low in the uterus and partially or completely covers the cervix.  When this happens, the placenta is lying between the fetus and the birth canal, effectively blocking the baby’s delivery. Although placenta previa is quite common in the early weeks and months of pregnancy, it typically resolves as the pregnancy progresses and the placenta moves up and away from the cervix as the uterus expands.

However, placenta previa does not always resolve itself. It affects about 1 in 200 births, at which time it can create the risk of severe bleeding (hemorrhage) in the mother and lack of oxygen to the baby (hypoxia). When placenta previa is present near the end of pregnancy it almost always requires cesarean (c-section) delivery of the baby.

Placenta previa should always be suspected when bright red vaginal bleeding occurs during pregnancy, at which time an ultrasound should be ordered and the condition can be diagnosed by the ultrasound images.  If ultrasound confirms placenta previa is the cause of vaginal bleeding during pregnancy, the proper course of treatment is to admit the patient to the hospital for monitoring and bedrest. If the bleeding does not stop, or if the fetal heartrate monitor indicates the baby is in distress, the pregnant mother will remain hospitalized and may receive blood transfusions and other treatments until the baby is delivered.

Lack of oxygen to the baby’s brain due to a ruptured placenta previa can cause serious brain damage. Birth asphyxia, hypoxic ischemic encephalopathy (HIE) and cerebral palsy are brain injuries that are caused by oxygen deprivation. The treatment for these complications is limited due to the fact that most brain damage is permanent.

Our experienced attorneys fight for individuals who have been negatively impacted by the negligence of others.  If you would like to discuss your family’s potential claim arising from a placenta previa birth injury, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination. For a free consultation, please call us at 1-800-YOSTLAW.

Perinatal Hypoxia and Blindness in Newborns

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According to the NCBI (National Center for Biotechnology Information), damage to the brain is the most common cause of visual impairment in children in developed countries. Blindness caused by brain injury during a baby’s labor and delivery (the perinatal phase of birth) occurs when the baby’s oxygen supply is severely interrupted for a long enough period of time to cause damage to the brainstem or visual cortex (also called the occipital lobe), which are the parts of the brain primarily responsible for eyesight.

Not only can perinatal hypoxia and asphyxia (shortages of oxygen) cause blindness (cortical blindness), but oxygen deprivation during labor and delivery causes other severe birth injuries, such as cerebral palsy (CP) and other neurologic disabilities in children.   These injuries may have been the result of poor fetal monitoring or a lack of discovery of potential birth complications by medical providers.

Cortical (or cerebral) blindness and cerebral palsy cannot be cured but treatment will very often improve a child’s capabilities and in general, the earlier treatment begins the better chances are that children will overcome developmental disabilities.

If you would like to discuss your child’s potential birth claim arising from cortical blindness or CP, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

 

 

klumpke’s palsy

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The U.S. Centers for Disease Control and Prevention report there are 3,952,841 babies born each year in the United States.  Approximately one in every 1,000 of these births result in an injury to a baby’s brachial plexus – a webbed network of five nerves located below the neck and above each shoulder.  The brachial plexus controls movement and the sense of touch in the fingers, wrists, arms and shoulders. A brachial plexus injury may be the result of a medical provider’s mistake.

If the baby weighs too much (macrosomia) or has shoulders too wide for the birth canal (feto-pelvic disproportion), the baby’s shoulder can get caught (shoulder dystocia) on the mother’s pelvic bone during vaginal birth. When this happens, the baby’s head presents but the baby’s body does not descend through the birth canal.  Shoulder dystocia is an obstetrical emergency that requires immediate, safe and appropriate procedures to gently free the baby’s shoulders and deliver the baby.  If the doctors, nurses or other medical providers apply too much pressure (e.g., fundal pressure or lateral pressure) and/or pulling (traction) to the baby’s head, neck, arm and shoulders during delivery, the baby can suffer a brachial plexus injury such as stretching, tearing, rupture or avulsion of one or more of the five nerves which form the brachial plexus.

Different than Erb’s Palsy, which affects the upper brachial plexus nerves (specifically C5, C6 and C7), Klumpke’s Palsy results from an injury to the two lowest brachial plexus nerves (C8 to T1), which are responsible for controlling movement of the hand and forearm muscles. Therefore, while Klumpke’s Palsy and Erb’s Palsy can be caused by the same type of medical mistake, they’re still two very different injuries.

Symptoms of Klumpke’s Palsy include:

  • Claw hand
  • Drop wrist
  • Paralysis in the forearm and hand
  • Numbness in the forearm and hand

Treatment is limited for this type of hand and forearm injury. Surgery is recommended for damaged nerves that are unable to heal on their own. Additionally, physical therapy will be required. The cost of care for a child with Klumpke’s palsy, or any birth injury, is very high. If your child’s injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

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