Is BPI always the doctors fault? (legally)

[cadinc]

Connie, I agree with you. You have a choice and you should do what works best for you. I personally sued so other children would not be injured again, hoping that he would learn and not do it again. Well, he did it again 3 years later to my friend's baby. We became friend through a support group and had no idea we had the same doctor until she was pursuing litigation. The bastard did it again. So, I guess they don't stop and wondered if suing makes a difference. I also did it to show my daughter, I fought on her behalf and if she ever needs surgery or therapy in the future, she has the funds for them. Her life will change as she can't type on the computer with both hands and can't button her pants, so we buy elastic waist pants. but, it was something that should not have been done. I begged for a c section and he said, every woman should have a baby naturally. go figure. feel free to e-mail me.
Connie Cannon
Kierston's mom
cc@conniecannonart.com

[cutiepie]

my son was 8lb 13oz at birth 1 week overdue..1sy doc wanted to do c section then second came on he wanted to wait it out..ultra sound showed low fluid thats why first wanted to dos ection plus monitor kept going off for signs of distress after i was induced..fast forward..i had a 13 hr labor 4th degree tear..but had a beautiful aby..born with torticollis,,craniocephaly severly he had to attend 3-4 times a seek pt for torticollis and also wear a helmet to reshape his head..right after birth doc told me if i evr got pregnant again i definately have to have a section..because he knew the bbay should have been sectioned


my osns face is lopsided head still flattened but he is still adorable..
yes i do believe it was the result of the doctors mistake of doing a vaginal instead of a forcepts vaginal delivery..and yes..i am filing suit.i felt it was wrong to do but now i look at him and feel sorry for him..when he gets older he might blame me for letting this happen to him

[Joanie]

Cutiepie,

I haven't read all of this thread, so I don't know what others have said here, but I feel that I must tell you ... a forceps vaginal delivery is how I was born. I was told as a child that the forceps pinched a nerve, and that is what caused my (brachial plexus) injury. So, I don't think that a forceps vaginal delivery would have guaranteed anything for your son.

Also, I never blamed my mother for what happened to me. At some point I became aware that she blamed herself, but I didn't know how to alleviate her pain. I don't know of any BPI person who blames their mother. Most women only learn about brachial plexus injuries after it happens to a child of theirs.

I blame the "professionals" who deliver babies without enough training about shoulder dystocia (sp?) and what to do when they encounter it. I blame the schools, hospitals, etc. that don't teach enough about it.

Well, that's my rant for now.

Joanie, 59 years, LOBPI

[Mare]

Patty
We live in NJ and used the same law firm our laywer was Carol Forte they are one of the best in the country and due have nationwide affiliations. Anyone can get the info on there web site. They are also listed in the Out Reach news letter as they are big contributors to it. Mare

[felicia]

I found this post quite interesting, in light of the fact that someone actually said to me recently "How can you prove that your daughter's injury didn't happen in utero? Whose to say that her arm wasn't injured before birth?" I wanted to RIP HIS HEAD OFF!! Besides the fact that:

1. my first daughter was 9 lbs. 11 oz (she was fine) but I was most likely going to have another large baby

2. I measured big and ultrasounds for my pregnancy with Olivia always should I was 2 weeks ahead of schedule

3. I was sent to a high risk doctor at 37 weeks because my doctor was concerned with her size. That ultrasound showed she was already 9 1/2 pounds. He said they were over estimating. Mind you, I had about 5 ultrasounds in his office as well, all showing this.

4. I was passing sugar in my urine from about 33 weeks on, but b/c I failed only 1 out of 3 sections on the 3 hour glucose test, my doctor would not diagnose me with gestational diabetes.

5. I only gained 17 pounds during my pregnancy and was absolutely HUGH. I was asked over and over if I was having twins.

6. Olivia was born a week early, weighed 11 pounds 2 oz, and had a vaccuum assisted birth. My doctor said to me after the birth "Well, I guess the ultrasounds were right."

I know that what happened is not my fault, but yes I do blame myself. I think "why did I push so hard", "why didn't I go with my gut and tell him that I felt different with this birth". I actually felt bad for the doctor at first. I thought "He's human..he made a mistake." BS. He screwed up and my child and my family suffered for it. I guess not every case is the doctors fault, but I know that mine is. It's a personal decision, to press legal action or not, and what's right for one may not be right for another, regardless of whose "at fault". Good luck to everyone who does take the legal route.
Felicia, mom to Olivia, LOBPI, 2 1/2

[Jake'smom]

ann-I have to disagree with your statement. It isn't ALWAYS the dr's fault. My baby wasn't big at all...only 6 lbs 14 oz. I'm just saying that sometimes things happen that no one can prevent. Doctor's are human! Some of them are quite negligent or incompetent and should be held responsible, but this isn't ALWAYS the case.

[Ken. Levine]

The question of whether or not the BPI is always the doctors fault is interesting. Every ob/gyn will agree that the injury is the result of excessive traction. Not every ob/gyn will agree that "excessive" traction is always medical negligence. Of course there are many risk factors that should sound an alarm and move the ob'gyn to c-section, gestational diabetes, fetal macrosomia, previous shoulder dystocia, delayed 2nd stage of labor, but not every delivery with shoulder dystocia has one or more of those problems. There are deliveries without pre-natal problems that do encounter shoulder dystocia and BPI. Cases where we can argue there should have been a c-section, avoiding vaginal delivery are easier to win than those where the only issue is traction. The cases where traction is the only issue are the real battle ground. It is in those cases that we mostly see the "intrauterine" defense, and it is in those cases that the defense argues that even in the best of hands if all of the maneuvers (McRoberts, suprapubic pressure, Woods) are done correctly, injury can still occur. As I mentioned, there are ob/gyn's that believe if there is a BPI injury it had to be the result of medical negligence as by definition the traction was excessive. I regret that juries do not always agree. The intrauterine defense is a fraud that had been put forth more in recent years. We have been able to keep the defense out of the trial very often based on the supreme court case of Daubert v. Dow Chemical which allow the judge to throw out "junk science", but some judges have let it in. Even when the intrauterine defense is allowed in at trial, we can usually beat it on cross examination showing that mechanically this is pulling, not pushing injury.

There are so many issues raised by this topic I could write for days. if anyone has a more specific questions, please let me know and I will try to answer it.

Ken Levine
Klevine@Klevinelaw.com
www.Klevinelaw.com
617-566-2700

[cutiepie]

Ken levine..

the first OB was gonna do a section...even the nurse told us to expect it because of low fluid on the ultrasound..plus the fetal monitor was going nuts..half hour later second ob cam on shift he let me wait the birth out for 12 more hours..i had a 4th degree tear..my sons head had an indententation the shape of the forceps still even tho he is 4 now he was treated for torticollis plus ahd to have helmet therapy.. his plagicephaly was diagnosed as severe..thats the only way the insurance co paid for it..his ehad will never be normal on that side..looks like the doc squeezed too hard and just caved his head in..after delivery doc told me i cna never have a normal delivery id need a section for future deliveryies..is this his way of admitting a section should have been done this time?

[Ken. Levine]

That is quite a story, a sad story, but I hear all too often. The first ob/gyn was right to suggest the c-section,that was the safe, conservative choice. The 2nd ob/gyn had no right to take risk with your baby. All of the options, risks and benefits should have been explained to you. Had the ob/gyn explained that vaginal delivery could result in shoulder dystocia, subsequent brachial plexus injury and possible fetal death, you have chosen the c-section. The 4th degree tear indicates that the ob/gyn had no appreciation of the fetal size and disproportion. The forceps are very troubling. Several years ago the FDA reported that forceps and vacuum extraction were contraindicated, should not be used, in deliveries where should dystocia was present, or could be present. This is because the forceps and vacuum were typically used at too high a station causing the baby to be improperly pulled down. This resulted in more severe shoulder dystocia and more severe brachial plexus injury. If the baby does not descend on it's own, and the fetal hart monitor is fine, the baby should be left alone to "present". If the baby does not descend on it's own, and the fetal hart monitor is abnormal, the baby should be delivered by c-section. In your case, the use of forceps at too high of a station with too much force caused significant injury to the baby. The doctor telling you that you must have a c-section in the future is an indication that one should have been done, but it is not an admission of guilt.

I hope that this answers your questions. If not, please post again or contact me directly.

Ken Levine
617-566-2700
www.Klevinelaw.com
Klevine@Klevinelaw.com

[aidansmom311]

We are just starting our case so I am very new to this. The lawyers we chose had a successful history with BPI cases and we also let them decide whether it was worth pursuing. We had more than one deviation from standard practice with the pregnancy itself and then also with the delivery itself which I guess made our case more likely to have a better outcome. I had difficulty with this process at first and am glad that I rec'd advice to wait on pursuing a case. Aidan is now 19 months old and we are at a much better place to handle this and his medical needs at the same time.