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
- Nutrition Science Initiative’s Energy Balance Consortium Study Attempts to Identify the True Cause of Obesity
A new non-profit organization, The Nutrition Science Initiative (NuSI), is sponsoring an exciting study on obesity. Called the Energy Balance Consortium, the study could have profound implications for future research into improving the public’s health and overall wellbeing. The prevailing paradigm concerning obesity is that it is caused by consuming too many calories and not burning off enough of them in exchange to keep fat to a minimum. For 60+ years, this “calorie centered” thinking about adiposity has dominated research and treatment approaches. A minor point of view, however, suggests that the quality of calories needs to be considered, instead. […]
- Common Anesthesia Mistakes: An Overview
Due to the development of better sedation drugs and more sophisticated means of patient monitoring, the mortality rate from anesthesia has dropped significantly since it was first declared a public health problem 50 years ago. Anesthesia mistakes still happen, however, affecting the lives of tens of thousands of patients every year. Lapses in Protocol Anesthesiologists must follow a complex routine each time a patient has a sedation procedure. They need to administer not only the proper drug but also the right amount. Monitoring begins the minute a patient enters the hospital, and the anesthesiologist conducts an interview with the patient […]
- Common Causes of Birth Injuries
The last thing any woman thinks about when she is about to give birth is the possibility that her baby will be injured during the hospital delivery process. Yet injuries occur during at least 2 percent of live births each year in the United States, and they can lead to expensive and sometimes life-threatening conditions, including broken bones, permanent nerve damage, emotional and cognitive impairment, and cerebral palsy. Natural Risk Factors for Birth Injury Some conditions increase an infant’s chances of being injured. They are: A birth weight over 8 pounds, 13 ounces. Premature labor. An unusually shaped uterus. Difficult […]