Cleveland Attorney Says Mother Awarded $13 Million in Birth Injury and Disfigurement Lawsuit
Cleveland, OH (Law Firm Newswire) January 17, 2014 - Libbey Bryson's daughter was permanently injured at birth when doctors pulled on the 8-pound, 8-ounce baby's head to dislodge her arm from Libbey's pelvic bone, according to court documents.
“Doctors are trained for emergencies like this and even practice shoulder dystocia maneuvers and other techniques, so they're prepared when they happen," says Christopher Mellino, a birth injury lawyer in Cleveland. "But instead of performing a C-section, as they should have in this case, residents kept pulling the child."
The hospital argued that its doctors followed proper procedure and that a caesarean section was not warranted. It plans to appeal the $12.9 million verdict, which will be reduced to around $4 million due to state caps on non-economic damages, Bryson's birth injury lawyer stated.
In the meantime, Bryson's now five-year-old daughter has undergone several surgeries for severed nerves in her disfigured right arm, and she must wear a brace.
"The damage will require continued therapy and assistance in completing basic daily tasks, such as brushing her hair or getting dressed," mlive.com reported.
Larger babies are more apt to become stuck behind the mother's pelvic bone, says whattoexpect.com. Mellino has seen these issues many times in his nearly 30-year legal career. In fact, one client filed a birth injury lawsuit when her 10.5-pound baby's shoulders became stuck, crimping the umbilical cord and causing oxygen and blood deprivation.
"Mellino argued the doctor should have estimated [the baby's] weight before the delivery, performed a caesarean section instead of using forceps and used proper maneuvers to try to get [the baby] unstuck," the Plain Dealer reported when a jury awarded Mellino's client $3.99 million in damages.
Mellino encourages parents to at least speak with a birth injury attorney if they suspect that a mistake caused an injury, disability or disfigurement. Ohio law limits the amount of time an injured person has to file a claim, and funds awarded can go a long way toward medical bills, rehabilitation costs and other expenses, including lost wages.
"Unfortunately," he says, "sometimes a bad outcome is just a bad outcome. It's our job as lawyers to differentiate between true medical malpractice and cases that do not constitute medical negligence in the eyes of the law. Never hesitate to call our office with any questions you may have. That’s what we’re here for.”
Mellino Robenalt LLC
75 Public Square #1020
Cleveland, OH 44113
19704 Center Ridge Rd.
Rocky River, OH 44116
- What Is the Difference Between a Coma and Brain Death?
When someone suffers traumatic brain injury, coma and brain death are two possible outcomes. Although coma sometimes progresses to brain death, the two injured states are distinct and characterized by very different symptoms. Coma and Vegetative State Coma is a state of deep unconsciousness that lasts for an indeterminate length of time. While in this state, the brain continues to emit electrical impulse signals to the rest of the body, but it is working at the lowest possible level. A vegetative state is a coma from which the patient has recovered brain stem function but not higher cognitive abilities. Such […]
- Study Analyzes Use of Simvastatin and Environmental Enrichment on TBI Patients
A recent study published in the medical journal Brain Injury explored the use of Simvastatin and environmental enrichment on brain injury patients and the outcomes of each treatment. The target group of the study was patients with mild to moderate traumatic brain injuries that affected their temporal order memory and spontaneous object recognition. Researchers used male Wistar rats in the study, and compared the therapeutic effects of both Simvastatin and environmental enrichment to see whether they improved memory and recognition and, if so, by how much. Here’s how they conducted the study: The rats arrived at the research facility. Seven […]
- Study Assesses Using Vyvanse to Treat Brain Injured People with ADHD
Attention deficit disorder is one of the most common and debilitating results of traumatic brain injuries. A recent study published in the journal Brain Injury looked at the effectiveness of Vyvanse in terms of treating attention deficit disorder caused by moderate to severe traumatic brain injuries. This is the first study of its kind among traumatic brain injury patients, being unique in that no other study has examined how stimulant medications can affect this disorder, rather than the typical methylphenidate. The study was conducted over 12 weeks and utilized a randomized, placebo-controlled, double blind test with cross-over. Twenty-two patients were […]