Not All Birth Injuries Are Medical Malpractice Says Christopher Mellino, a Lawyer in Cleveland
Cleveland, OH (Law Firm Newswire) January 24, 2014 – Sometimes things go wrong in the delivery room. These emergencies distinguish good doctors from bad.
Luckily, Olivia Lucas’ mother, Amber, landed an “amazing” doctor who remained calm when Olivia’s head became lodged behind Amber’s pelvic bone. Since Olivia’s umbilical cord was wrapped around her head and arm, depriving her of oxygen, the doctor had no time to waste and tugged the newborn’s left arm.
“She saved my baby’s life,” Amber told reporters.
Olivia does, however, suffer from a brachial plexus injury (also known as BPI or Erb’s palsy), which was diagnosed at six weeks of age. These injuries occur when nerves that control the hand, arm and shoulder are torn or stretched during birth. Usually only one arm is affected and symptoms may include: severe pain; the inability to move or feel anything in the entire arm, hand and shoulder; the ability to use the arm but not the fingers; or the ability to use the fingers but not the elbow or shoulder muscles. In severe cases, surgery is usually required.
Olivia underwent nerve graft surgery, using allograft, or processed cadaver nerves, when she was eight months old.
Amber told fox23.com that she never knew what Erb’s palsy was before giving birth to Olivia. Now, she raises Erb’s palsy awareness via family- and professional-portrait-filled slideshows on YouTube. These videos document incisions, infections and scapular winging, but they also celebrate milestones. In them, viewers can see the first time Olivia bends her arm, puts her fist in her mouth, rolls over or holds a cup.
“Could this birth have gone another way? Absolutely,” says Christopher Mellino, a birth injury attorney in Cleveland, who has won a $2.4 million shoulder dystocia lawsuit and a $4 million dollar wrongful death verdict against a doctor who allowed a mother and child to die by failing to diagnose and treat the woman’s infection, among many other cases. “In this case, the baby could’ve died of strangulation in the time it would’ve taken to prep the mother for an emergency C-section.”
Differentiating a bad outcome from medical malpractice can be difficult, which is why any parent who has questions should contact an attorney who specializes in birth injury lawsuits. Most firms, including Mellino Robenalt, offer free consultations.
“Tom Robenalt and I welcome any parent with brachial plexus or other birth injury concerns to call us,” says Mellino. His free guide, “Was It a Mistake? Your Ohio Medical Malpractice Questions Answered,” offers tips on how to find an attorney and what to ask. “It’s our job to walk you through your case and determine what went wrong,” he said.
Mellino Robenalt LLC
75 Public Square #1020
Cleveland, OH 44113
19704 Center Ridge Rd.
Rocky River, OH 44116
- Marine Sues Doctor and Pharmacist for Wife’s Prescription Overdose Death
A wife and 32-year-old mother of two died July 31, 2012, after taking the prescription painkiller fentanyl for five days, per hawaiinewsnow.com. Her husband, a Marine now stationed on the mainland, has filed a wrongful death lawsuit against his wife’s doctor and pharmacist. According to Mayo Clinic, fentanyl is a narcotic analgesic that is prescribed “to relieve moderate to severe chronic pain when around-the-clock pain relief is needed for a long period of time.” As CBS News reported September 8, 2011, fentanyl is 80 times stronger than the opiate morphine. “For patients who are not opioid-tolerant, the amount of fentanyl […]
- Did You Know? March is Brain Injury Awareness Month
According to the Centers for Disease Control and Prevention (CDC), nearly 2.5 million people suffered a traumatic brain injury (TBI) in 2010. From 2001 to 2010, the number of people who sought emergency care for a TBI increased 70 percent. Falls cause 35 percent of them, per the Brain Injury Association’s 2014 fact sheet, but car accidents cause another 17 percent. And, as Huffington Post blogger and A Normal Life author Lyrysa Smith recently wrote, “Brain injury changes everything.” The person who suffered the brain injury may have trouble paying attention, concentrating, or remembering. He or she may also talk, […]
- Actos Lawsuit Goes to Court
More than 3,000 Actos lawsuits have been filed against Takeda Pharmaceutical Company, but two finally went to trial on Monday after years of debate as to whether the diabetes medication causes bladder cancer, fiercepharma.com reported. Delores Cipriano, 81, and Bertha Triana, 80, both developed the disease in 2012 after taking Actos for 14 months to two years and are suing the drug manufacturer for more than $1 billion. “We have empathy for patients in this case, but we do not believe Actos was the cause of their condition,” Takeda’s senior director of corporate communications said via emailed statement to the […]