There is nothing more natural and amazing as a woman giving birth.  However, every year doctors cause countless mistakes during pregnancy, the birthing process and labor resulting in egregious and catastrophic injuries to new borns and their mothers.  Birth injury cases, especially ”baby brain damage” cases as they are callously referred to are very complex.  As such, if anyone believes their child has been victimized by a doctor they should immediately consult with competent legal counsel experienced in these types of complex cases.

The following article describes the complexities lawyers experienced in these cases are required to navigate through to fight and win on behalf of their clients.

01/31 – National Legal News

A mother and father from Honolulu filed a medical malpractice lawsuit against Tripler Army Medical Center earlier this month for actions that they claim resulted in their daughter’s bilateral cerebral palsy.

Bilateral cerebral palsy is a heartbreaking and very debilitation result to a doctors mistake.  It typically involves countless years of struggle for both the family and the child victimized both physically, emotionally and economically.

David and Celia McCraw allege that while Celia was in labor with their daughter, Kayla, a fetal heart monitor revealed that the child began to experience severe heart rate decelerations. The parents claim in their lawsuit that these symptoms indicated that Kayla was suffering from a severe lack of oxygen, and that a Caesarian section birth should have been performed.

It always blows my mind how a doctor, in this day and age, would not simply perform a Caesarian section birth at the first sign of heart rate abnormalities.

Celia McCraw stayed in labor a total of 10 hours before giving birth, at which point it was discovered that Kayla’s umbilical cord was wrapped tightly around her neck, the McCraws allege. In an effort to resuscitate Kayla, a breathing tube was placed down her throat; however, the lawsuit alleges that the tube was placed into Kayla’s esophagus instead of her trachea. It was roughly 30 minutes before the mistake was discovered.

Complacency is the plague of our society.  There should never be a time when a doctor should put his or her guard down during a delivery or during a woman’s pregnancy for that matter.

The McCraws are suing for unspecified damages. Kayla suffers from bilateral cerebral palsy and requires physical, occupational, and speech therapy.

My heart goes out to the McCraws.  There is nothing that we can do to reverse the heartache they have undergone.  But what lawyers can do is make our clients lives easier by vigorously litigating birthing injury cases like this.  The monetary compensation they receive will pay for the exorbitant life time expenses they will incur in medical costs and care for their child who has been victimized by this horrific medical malpractice.

Tripler Army Medical Center has not commented on the lawsuit.

If you or anyone you know has a child suffering from cerebral palsy, bilateral cerebral palsy, erbs palsy or any type of palsy please contact the aggressive, caring lawyers at 1(800)WE-FIGHT for a free consultation or email us for a free confidential consultation right away.  Do not delay, the law limits the amount of time you have to file a claim.  Please feel free to visit the resources of our website if you have questions on what cerebral palsy, erbs palsy or any type of palsy is or what causes cerebral or erbs palsy.

This country has a nursing home care crisis currently brewing.  We are one of the few countries that seems to discard the elderly.  The psychology behind this can be talked about and debated until the cows come home.  One thing is for certain, the elderly need a champion, a group of individuals that will fight and protect them.  Those individuals are nursing home neglect/abuse lawyers.  The need to champion the rights of the elderly abused and neglect has never rang so clear as in the case below.

A jury in New Mexico recently awarded $54 million to the family of a nursing home resident who died of untreated internal bleeding. 

This huge verdict is a message and testament to the grossly negligent care that one typically gets in American nursing home facilities.

The award is the state’s largest ever in a case involving nursing home neglect, say attorneys in Albuquerque.

According to the lawsuit, in 2004 78-year-old Barbara Barber died of internal bleeding at a nursing home owned by ManorCare Inc. Attorneys for Barber’s family argued that employees at the Albuquerque nursing home failed to seek treatment for Barber, who bled to death over several days.

The lawsuit also accused ManorCare employees of attempting to cover up the manner of Barber’s death. The family’s attorneys said employees at the facility disposed of blood-stained pillows and sheets in Barber’s room without notifying the health department.

Following the trial, ManorCare issued a statement expressing sympathy for Barber’s family. The company, however, denied any wrongdoing and said it stands behind the care Barber was provided.

Barber’s daughter, Lori Keith, said the verdict will allow her to begin the process of grieving the loss of her mother.

What we should all be thinking about in this case is this: you work hard your whole life, raise a family and try and do the right thing only to have your remaining days composed of pain and anguish, and, in this case, neglect tantamount to torture simply because a nursing home looks to cut corners and not hire the proper skilled staff.  Capitalism does not work here and needs to be put in check. 

Thank god for nursing home neglect/abuse lawyers.  If you have any questions please call a nursing home neglect lawyer today for free at 1(800)WE-FIGHT or email us for a free online consultation.

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

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Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at www.1800WeFight.com or use our free “Ask an Attorney” email service.

Gas tanker crashes are becoming more coming, especially in high density areas in New York.  Filing a suit agains gas tanker companies can raise some complexity as the company or companies involved are usually out of state.  This may raise the legal issue of dealing with a personal injury civil suit in federal court (as the defendant will almost certain remove the case to federal court).

As such, it is important to retain a lawfirm with experience in these types of cases so they are ready to defend against and/or preempt a motion to remove the case to federal court.

Another issue that you contend with in these types of cases as a lawyer is the statute of limitations.  Depending on what state or what court, (state or federal level), the case ends up in will control the statute of limitations on the case.  Thus, the proper preparation and legal research is critical. 

If you or a loved one has been injured in a gas tanker accident please call us today, do not delay as the law limits the amount of time you have to file a claim.

Traumatic brain injury is a devastating experience for the injured party and their family.  However, there is a similar condition most injured persons involved in an accident do not know about.  It is a condition known as diffuse cerebral dysfunction or minor traumatic brain injury.

It is important to realized that diffuse cerebral dysfunction comes in two type, reversible and irreversible.  Whether it is traumatically induced or not is for a doctor to determine.  But it is critical that a person injured in an accident know the warning signgs which are, including but not limited to: difficulty concentrating, mood swings, short term memory loss (becoming suddenly forgetful about things), headaches and difficulty sleeping.

A shocking fact about minor traumatic brain injury is that the accident does not require a violent impact.  A simple jerk of the neck or bump on the head can cause it and result in a lifetime of struggle and permanent damage.  Once an injured accident victim understands the risks and realizes they need to see a doctor immediate examination by a doctor and treatment (if needed)  is critical.  A doctor known as a neurologist and then a neuropsychologist is the appropriate medical professional to see.  I would advise to first see your primary care doctor with your symptoms or complaints and have him or her determine whether a referral to a neurologist is the correct medical strategy.

If you or a loved one is experience the above symptoms and believe you might have minor traumatic brain injury from an accident your were involved in call an experienced brain injury lawyer right away.  The longer you wait the more difficult it will be to make you whole again.

Construction accidents usually result in catastrophic consequences and injuries.  In this New York Steampipe Explosion someone lost their life and many others were injured.

The critical issues in these types of cases is proving notice, i.e., whether the proposed responsible party had prior notice of the danger and did not adequately take steps to prevent the condition or accident.

If you or a loved one was injured in a construction accident do not hesitate to call the Manhattan Construction Lawyers of the Personal Injury Legal Helpline for a free, confidential consultation at 1(800)WE-FIGHT.