Massachusetts Personal Injury Lawyer Blog

MA Health Dept. Issues Advisory Against BPA

August 4, 2009 - Boston - Health officials from Massachusetts, including those from the Massachusetts Department of Public Health, are urging parents to stop using plastic baby bottles and other products that contain the chemical bisphenol A, also known as BPA.

Cities like Chicago have already banned BPA, among rising concerns that the chemical may produce harmful effects on infants' brain and thyroid development. Lab tests involving animals have only furthered these concerns.

The new BPA advisory issued by the Dept. of Public Health is urging pregnant and breast-feeding woman to reduce their exposure to bisphenol A when making or storing breast milk or formula for their babies, according to new reports.

If your child has been injured due to a defective product or is suffering from long-term side effects after exposure to chemicals such as BPA, contact a child injury attorney who can explain your legal rights and options. The Law Office of Thomas M. Kiley, located in Andover, Massachusetts takes time when speaking with you about your case and works with you on a contingent basis so there are NO FEES unless our trained personal injury lawyers wins your case. Call now for a FREE evaluation of your case - 1-800-410-2769.

Study shows environmental contamination increase

The Center for Disease Control and Prevention (CDC) has been studying the effect of the environment on people and their health.  Recently, researchers in Canada have linked male low birth rates to an increase in lower fertility and an increase in environmental contaminants. According to UPI, researchers studied the male birth weights of five million children born in Canada between 1981-2003 from records kept in the database of the Public Health Agency of Canada. The lead researcher was  Dr. Guy Van Vliet of Sainte-Justine University Hospital Research Center in Montreal.

The study, published in the journal Epidemiology, indicates that there has been a sustained decrease in the birth weights of boys and girls. This factor indicates that increasing environmental contaminants are affecting newborn males and contributes to low birth weight and low fertility.

According to the article in UPI, Dr. Vliet said the results of this study indicate that environmental contaminants need to be studied for their affect on the health of mothers and their babies. He said this increase in contaminants can affect the reproduction of future generations.

When you are interviewing personal injury attorneys ask critical questions, like: how long have you been practicing; what is the largest settlement or verdict you’ve obtained, and do you have experience with injuries involving children? The Law Office of Thomas M. Kiley, located in Andover, Massachusetts takes time when speaking with you about your case and works with you on a contingent basis so there are NO FEES unless our trained personal injury lawyers  wins your case. Call now for a FREE evaluation of your case – 1-800-410-2769.

How to Minimize Pregnancy Complications

Women who are trying to conceive and those who are already pregnant can follow some simple tips to promote a healthy pregnancy and to avoid complications at birth.  

1. Select a competent doctor.  
2. Get prenatal care as soon as you think you might be pregnant. 
3. Avoid toxic substances especially in the home and workplace. 
4. Quit smoking - women who smoke during pregnancy are more likely to miscarry or have a baby with a cleft palate.  
5. Eat healthy and drink extra fluids when you're pregnant and/or breastfeeding. 
6. Avoid alcohol and caffeine during pregnancy. While small amounts may not be harmful, there is no known safe amount of alcohol that can be consumed by a pregnant woman. 
7. Exercise to benefit you and your baby's health. Always consult your physician before starting any exercise program.
8. Get vaccinated before becoming pregnant.  
9. Avoid X-rays - tell all health care providers, including your dentist, that you are pregnant. 
10. Bring an advocate with you to doctor's appointments and during the birth - having someone else to support you if things don't go as planned will be helpful. 
11. Get a second opinion if you have concerns regarding your doctor's care or questions about your pregnancy that your doctor is not answering.  

Every year, there are approximately 28,000 birth injuries in the United States. Birth injuries can be caused by a number of factors, including prolonged labor, breech birth, and medical malpractice. 

An additional 150,000 babies are born in this country with birth defects each year, according to the March of Dimes. While these statistics may be alarming, the vast majority of babies are born healthy and with no defects or injuries.

If your child was injured during birth (or soon after) you may be entitled to compensation to assist your family with medical and other expenses related to the care of your child. 

Contact us at 1-800-410-2769 and speak to an experienced medical malpractice attorney for a FREE evaluation of your case.

Ending the Pain of Birth Injuries

A child's natural development, genetics and the quality of infant care all play a role in the causes of birth injuries. If your baby experiences an abnormal birth, such as breech delivery, the risk of physical birth trauma is high.

Events during delivery can also result in brain or nerve damage that leads to complications that may affect your child's future quality of life.

Any of these scenarios may leave you feeling that some compensation for your family's pain and suffering is due you. Depending on the circumstances and where you live in the United States, a monetary award may well be your right.

Some of the neonatal conditions for which parents seek damages are: 

• Cerebral palsy
• Brachial palsy
• Facial paralysis
• Hypoxia
• Defects brought on by prescribed pregnancy drugs

Medical malpractice laws vary by state. Birth injury lawyers know applicable law for their jurisdiction and the precedents that have already been set in cases like yours. They will assess the facts surrounding your case, determine whether fault may be proven, and help you seek justice in pecuniary damages.

You can also pursue a claim for birth defects that arise from misprescribing drugs for the mother during pregnancy. Spinal deformation or other conditions resulting from a medication's effects on the brain are common maladies that may be grounds for a lawsuit.

Your attorney will confer with expert medical witnesses to determine if drugs were involved in causing your child's birth defect. They will also establish whether your medical facility followed accepted standards and practices in delivery. Securing your legal rights to compensation for inadequate care can help to relieve some of the pain of a birth injury.

We can evaluate your case for FREE to determine if your child may have been injured as a result of medical malpractice. Call 1-800-410-2769 today!

Delaying labor can decrease risk of cerebral palsy

Massachusetts attorney Thomas M. Kiley, concentrates on legal issues surrounding cerebral palsy and birth injuries.  The New England Journal of Medicine, published a report that says preterm infants born to mothers receiving intravenous magnesium sulfate — a common treatment to delay labor — are less likely to develop cerebral palsy than are preterm infants whose mothers do not receive it.  The research was done by the National Institute of Health research network.

    The research showed that a third of all cases of cerebral palsy are associated with preterm birth and that of those cases, there was a significant reduction in cerebral palsy among preterm infants whose mothers were given magnesium sulfate.  The researchers theorized that magnesium sulfate protects against cerebral palsy because it can stabilize blood vessels, protect against damage from oxygen depletion, and protects against injury from swelling and inflammation. Click here for more information.

Research shows brains can recover from injury

Massachusetts attorney Thomas M. Kiley, concentrates on legal issues regarding birth injuries.  Recent research funded by the National Institute of Neurological Disorders and Strokes (NINDS),
shows that mice with brain injuries similar to that of premature babies can actually make new neurons to help repair brain damage.  This study shows that actual recovery from a brain injury at birth can occur in the developing brain.  This research explains why many babies born prematurely with very low birth weight are able to overcome those early problems.

    Lead Researcher Dr. Flora Vaccarino of Yale University School of Medicine said that the study shows the brain has intrinsic ability to recover after injury.  She said the research shows that the neuron is not lost forever; there are progenitor cells, specialized stem cells, that can generate the proper type of cells that lead to recovery.

Can Cerebral Palsy Be Prevented?

Massachusetts attorney Thomas M. Kiley, concentrates on legal issues regarding cerebral palsy and birth injuries.  New research on these kinds of birth injuries indicates that some injuries can be prevented.  The research is being conducted by the National Institute of Neurological Disorders and Strokes, (NINDS)   

Researchers today are able to use imaging technology such as magnetic resonance imaging (MRI) that shows pictures of the brains of babies with cerebral palsy and highlights any structural malformations and where there is damage. 

 The research conducted during the past 20 years by the NINDS has:

•  identified new causes and risk factors for cerebral palsy;
•  increased our understanding of how and why brain damage at critical stages of    fetal development causes cerebral palsy;
•  refined surgical techniques to correct abnormalities in muscle and bone;
• discovered new drugs to control stiff and spastic muscles and developed more precise methods to deliver them; and
• tested the effectiveness of therapies used to treat cerebral palsy to discover which methods work best.

  

Studies link obese mothers to infant birth defects

Recent studies have shown that pregnant women who are obese are more likely to have babies with rare but serious birth defects, including spina bifida, heart anomalies, cleft palate, and hydrocephaly, according to a New York Times article.   
Massachusetts attorney Thomas M. Kiley, concentrates on legal issues associated with birth defects.

According to the article, research recently published in the Journal of the American Medical Association analyzed 39 earlier studies and found that the risk of spina bifida was 2.2 times higher for babies of obese mothers, compared to babies born to normal birth weight mothers.  The research also found that the risk of other neural tube infant defects was 1.8 times higher.  These babies also faced increases in risk for heart defects, stunted limbs, a congenital malformation of the anal opening, and hydrocephaly, also called water on the brain.

What is the legal recourse in case of birth injury?

A birth injury occurs when there is a trauma to the baby by the process of being born.  The trauma usually is due to the pressure of the baby passing through the birth canal and  can be caused by prolonged labor, a “breech” or legs first birth, premature birth, the use of forceps during birth, or the mother's small sized pelvis.  Some of these traumas are caused by incorrect medical procedures and if serious injury is the result, the parents may need to pursue a lawsuit to recover compensation for the large medical bills or maintenance of an injured baby.  Massachusetts attorney Thomas M. Kiley, specializes in these kinds of lawsuits and can help parents who are dealing with serious medical issues caused by birth injuries.

    Some birth injuries are not serious and heal within a few weeks.  Sometimes bruising or swelling that occurs during the birth can cause temporary loss of nerve or muscular function.  If the nerves become torn, the resulting damage may be permanent.

Birth injury legal FAQ

• What questions should parents discuss when seeking legal advice?
• What are the financial concerns for the child's treatment needs, now and and in the future?
• Why do the parents suspect negligence on the part of the doctor?
• How could the child's injury have been prevented?
• Did the labor and delivery records accurately reflect the delivery complications and injury to the baby?
• Has this physician had other cases filed against him/her?
• How has the child's injury affected the family emotionally and financially?
• How long does a lawsuit last?

Where can parents of children with cerebral palsy find hope?

Parents of children who have cerebral palsy often don't receive much hope for their children's recovery by the medical community.  Many parents refuse to give up and look for positive life changes for their children.  They look for opportunities to network with other parents and help each other find support.  Massachusetts attorney Thomas M. Kiley,  works with many parents to find resources and if the condition was caused by a birth injury, helps parents receive compensation to help pay for the life-long medical bills and treatment of their injured child.

    The National Institute of Neurological Disorders and Stroke (NINDS) is a government entity that provides resources to parents of children with cerebral palsy, and also encourages research and holds clinical trials for alternative treatments.

Alternative treatments are available for cerebral palsy patients

Massachusetts attorney Thomas M. Kiley, wants parents of children with cerebral palsy to have hope that their children can try new alternative treatments to improve their quality of life.  The Healing Center On-line, serves as a website and a clearinghouse for finding new alternative treatments for brain-injured children.   According to the website, it is based on the belief that the brain along with the body as a whole is an ever-changing, dynamic, active organ striving for adaptation and capable of healing.  This website provides a new way of looking at neuro/metabolic disease, and offers a creative opportunity for parents to explore medicine and healing. 

FAQs

What are some basic conventional treatments for cerebral palsy?

          o Physical therapy
          o Occupational therapy
          o Speech and language therapy
         
What are some drug therapies for cerebral palsy?

          o Cerebral Palsy and Spasticity
          o Lioresal (Baclofen)
          o Dantrium (Dantrolene)
          o Botox (Botulinum toxin)
        
What are some alternative therapies?

        o Behavioral therapy
        o Feldenkrais, a body awareness methodology for learning how to hold and move the body.
        o Swimming, preferably in a warm pool. Any exercise or movement done in the water will be easier and more effective at exercising muscles.
        o Horseback riding: hippotherapy (http://www.narha.org/aha.html)
        o Craniosacral therapy (http://www.upledger.force9.co.uk/)
        o Electrical stimulation: TES, FES, or NMES. All three types use very low levels of electrical current to stimulate the muscles to contract. Electrodes are placed on the skin over the desired muscle group or groups.
        o Nutritional supplements (http://www.cerebral.org/cpnutr.html) may be used to increase health, alleviate symptoms, and augment the diet.


    For more information on non-surgical treatments for cerebral palsy patients, go to the Cerebral Institute of Discovery.
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Cerebral Palsy Symptoms

The early signs of cerebral palsy usually appear before a child reaches 3 years of age.  Parents are often the first to suspect that their baby’s motor skills aren’t developing normally. Infants with cerebral palsy frequently have developmental delay, in which they are slow to reach developmental milestones such as learning to roll over, sit, crawl, smile, or walk

What is Cerebral Palsy?

Cerebral palsy is a condition that affects two to three in every 1,000 live births in the U.S.  The care of children diagnosed with cerebral palsy is long-term and expensive.  If  your child shows symptoms of cerebral palsy and you think it is from a medical error in child birth, attorney Tom Kiley may be able to get compensation to help pay for this expensive medical care.  For more information, click here.

If your child has a disability, it may be caused by an error at the birth.  If this is the case, attorney Tom Kiley, an advocate for children, may be able to get compensation for the care of the child over a lifetime.  Some of these medical errors result in cerebral palsy.  If your child is diagnosed with cerebral palsy, the long-term care and management can be expensive.

Cerebral Palsy

Thomas M. Kiley has a special interest in cases involving cerebral palsy, a condition commonly caused by oxygen deprivation or head trauma during birth. Cerebral palsy is a term that refers to a group of disorders typically related to an individual's inability to control motor function. Contact Thomas M. Kiley  if you have concerns about your child.

Erb’s Palsy Symptoms & Treatment

Mistakes made during the labor and delivery process can cause serious injuries to newborns.  Each year, thousands of birth injuries occur across the United States.  While some injuries are very difficult to prevent, others can be avoided.  Erb’s palsy, also known as Brachial palsy, Klumpke paralysis and Erb-Duchenne paralysis, is a birth injury that is usually caused by an injury that occurs during birth.  It is a condition that is often preventable, as long as the hospital and doctors take the appropriate measures.

Erb’s palsy is defined as a loss of movement or weakness of the arm, which is the result of damage to the nerves around the shoulder.  This condition can have many causes, such as prolonged labor, breech position, induced labor and the fetal position.  If the baby is pulled on the shoulders during the birthing process, such as in a situation where the doctor pulls the infant as he or she passes through the birth canal, the risk of developing Erb’s palsy increases.

Symptoms of Erb’s palsy are usually identifiable immediately or soon after birth.  Erb’s palsy can cause partial or complete paralysis.  Some of the symptoms include an absence of the startle reflex, a flexed arm at the elbow that is held against the body, decreased grip and lack of spontaneous movement in the upper or lower arm or hand.  If the injuries are severe, the newborn may even have a droopy eyelid.

Erb’s palsy can be diagnosed by a pediatrician’s evaluation or through tests, including x-rays, CT scans and MRI scans.  A mild injury will eventually correct itself, usually after several months.  If the infant does not improve, surgery may be required.  Other treatment options include tendon transfers, nerve transfers and subscapularis releases.  If your child has been diagnosed with Erb’s palsy, you should discuss the various treatment methods available with your child’s physician.

If your newborn was injured during the birthing process as a direct result of the hospital or doctor’s negligence, you should contact a birth injury attorney who can help you file a claim.  Contact Kiley Law Group at (800) 930-8145 for advice regarding your Erb’s palsy case.

The article, Overview of Erb’s Palsy, has more information on this topic.  

Causes and Treatment of Hypoxic Ischemic Encephalopathy among Infants

Hypoxic ischemic encephalopathy is a serious injury that affects thousands of infants in the United States every year.  It is an injury that damages the cells in the central nervous system and can lead to a more permanent condition.

Doctors and hospitals sometimes make mistakes that can greatly impact an expecting mother and unborn child.  These errors can cause birth injuries, which result in developmental delay, mental retardation and cerebral palsy.  Specifically, hypoxic ischemic encephalopathy occurs when the brain is deprived of the necessary oxygen.  Lack of oxygen to the brain can cause substantial damage to the delicate brain tissue.

There are many things that can go wrong during the labor and delivery process.  When a C-section is delayed, the baby remains in the birth canal too long, the fetal heartbeat is misread or the doctor and hospital staff do not act in a timely manner, it can result in hypoxic ischemic encephalopathy.  This type of injury is usually identified immediately following birth, as there may be various symptoms including, coma, loss of brainstem signs, loss of deep tendon reflexes or seizures.

The treatment for hypoxic ischemic encephalopathy depends on the damage to the brain.  Some of the treatments for hypoxic ischemic encephalopathy include life-sustaining treatment, mechanical ventilation, control of blood pressure, maintenance of the heart function, medication or general anesthesia to control seizures and cooling blankets to reduce the body temperature.

Many times, hypoxic ischemic encephalopathy could have been prevented.  If your baby was injured during birth, contact an experienced Massachusetts birth injury attorney for legal advice.  Doctors and hospitals can be held liable for serious birth injuries, such as hypoxic ischemic encephalopathy.  Call Kiley Law Group at (800) 930-8145 for a free consultation regarding your case. 

The article, Hypoxic Ischemic Encephalopathy, has more information on this topic.

 

When Cerebral Palsy was Caused by a Medical Mistake

The arrival of a new baby should be a joyous time, but for some parents it brings heartbreak.  Cerebral palsy affects 10,000 babies born in the United States each year.  This condition affects body movement, balance and posture and has been defined as paralysis of the brain.  In some cases, cerebral palsy can lead to mental retardation and other serious medical problems.

Cerebral palsy occurs when damage is done to the brain.  This damage can be a result of many different factors, such as infection during pregnancy, premature birth, seizures, lack of oxygen, a long labor and delivery or birth defects.  Brain damage can occur during pregnancy or the birth process.  Sometimes a brain injury can happen shortly after birth.  For many parents, it is difficult to identify what caused the brain damage in the child.

Some of the causes of cerebral palsy are preventable.  For example, a birth injury that occurs during the delivery process could have been avoided with the proper medical care.  Medical errors are to blame for many cerebral palsy cases.  Medical providers who did not give reasonable care to the mother and baby can ultimately cause brain damage in the infant.  Leaving a baby too long in the birth canal, failing to treat seizures and using forceps or vacuum extraction can all lead to this life altering disorder.

A lawsuit can be brought against the physicians who made the medical mistakes that harmed the infant.  Caregivers should not have to bear the financial burden associated with cerebral palsy when negligence was a factor in the illness.  If the cerebral palsy lawsuit is successful, the monetary settlement can be substantial.