United Brachial Plexus Network, Inc.

Reading the latest "lost case" post, and then researching Dr. DeMott's articles on the subject of shoulder dystocia, has made me feel practically ill.

So many of these "alternate cause" theories are based on post-facto reviews of medical records that supposedly "prove" that, since such a high number of BPIs are not documented as being a result of shoulder dystocia births, or happen in the posterior arm, it somehow means they can assert that excessive traction wasn't the cause.

How many of you reading this, and how many women over the years, have a video record of your BPI birth? There must be at least some! What if there was a video library of BPI births - ones that weren't documented in the medical records as shoulder dystocia, but clearly were; or that weren't documented as having any manuevers performed, but clearly there were; or that were documented as having appropriate maneuvers performed that were clearly performed wrong and with excessive traction?

What if EVERY TIME one of these so-called "experts" took the stand making these claims about alternative causes, the child's lawyer responded by showing video after video of actual births that blow these ridiculous theories out the window???

If the defense can enter in expert testimony based on these medical record reviews, then shouldn't the childrens' lawyers be able to introduce this contradictory evidence calling into question their conclusions?

Are there any mothers who are no longer in litigation who would be willing to donate to this "library"? Digital recordings could be made to keep them anonymous and thus legal to show.

Is this a service that UBPN could provide as part of their mission?

Kate

"The maternal forces are the most likely cause both with and without shoulder dystocia" This is what Dr. DeMott has to say in one of his articles!? Frustrating, very frustrating! I would like to see some articles from OB/GYN's who take responsibility for their actions instead of CYA.

Kate, I think your idea sounds like a really good one. There are a number of attorneys who support UBPN, their contact information can be found in all the Outreach's. How about if you contact them and see what they think about it. If they like the idea, they will produce it.

Personally, I think it is high time that the BPI reconstructive surgeons stand up and be counted where this subject is concerned. They should stop pussy-footing around, come out and declare what they know and that is that in 99% of cases it is a stretch injury and never mind stepping on the feelings of the delivering doctors/OB's. Lets face it, the reconstructive surgeons have to clear up their mess so who better to know how these injuries are caused?

Wasn't there a study somewhere that proved how much stretch or pull per square inch was needed to avulse a nerve in the BP of a newborn? The plaintiff lawyers would I hope research and use all or as many of these studies that they can find. Perhaps someone somewhere should keep a database of them.

Lizzyb

Liz,

It is Dr. Robert Allen who has written up those studies. (He has a PhD in engineering, not an M.D.) This one addresses it:
Allen, R.H., B.R. Bankoski and Nagey, D.A. "Simulating Birth to Investigate Clinician-Applied Loads on Newborns". Medical Engineering & Physics. Vol. 17, No. 5 (1995): 380-84.

We do have these articles cited in the bibliography on this site, so are tracking them.

Kate,
It's an interesting idea and the Board of Directors will discuss and see if it is feasible (and legal) to do so. Thanks for raising the possibility. It certainly fits into our mission.

Nancy Birk
UBPN President

I have had this on my mind for about 3 years now, and I guess the reason it has been on my mind is because we were able to capture my child's birth on video. I have long felt that doctors, lawyers, authors of articles & text books, politicians, etc., could best learn from a VISUAL aid. They can say all they want about the bogus theory of in utero injuries, posterior injuries, etc., but most of us who have videos can dispute or visually prove one or all of the following:

• maneuvers stated in the records were simply not done or even attempted
• if maneuvers were done, they were often not done properly, during the contraction, etc., etc.
• excessive traction was applied and that the injury can occur from side to side traction or twisting/turning traction, as well as the traditional downward traction (this certainly can challenge the posterior injury excuse)
• maneuvers were attempted after excessive traction was applied to the head, therefore the injury already occurred prior to the maneuvers

You see...even the medical malpractice companies know all to well just what some videos can show. Why do you think so many hospitals have banned a parent’s right to video tape the birth of their own child? Ironically, video taping at our hospital was banned just 3 months after our son's birth.

I think obtaining videos of shoulder dystocias that were handled properly and did not result in any injury, are also equally important. Seeing how babies can be delivered unharmed and how these practitioners did not apply excessive traction on baby’s heads in an attempt to dislodge the shoulder.

Another idea that I have had on my mind (perhaps beyond a pipedream) is to somehow fight for our rights to get video taping back into hospitals, since in time, capturing these injuries on video will be something from the dark ages, and we will only lose further ground. I would LOVE to see video cameras actually required in hospitals. They could even have them up in the corner of the room. We would get all of the answers to this mysterious injury and would soon learn much about maneuvers as well. Boy, how do I like to dream. It would just be so nice if a teaching university or some hospitals would engage in a research project and do just this. Let's stop the guessing, the game playing and manipulation. If only a watchful eye (video) could be placed in many delivery rooms across this country, trust me, you would see practitioners getting trained and med mal insurance companies requiring training like you would not believe.

I for one would be more than willing to share my very personal and up-close video for such an important project and cause. I have always promised myself that my child's injury will not be in vain. If our experience can help spare a future child or educate a doctor, lawyer or legislator, than I would be willing to do just about anything. If UBPN should decide that we can proceed and tackle such a project, please count me in. Having some recent involvement with some great people in video production, I am sure we could find a way to edit any videos and to protect people’s anonymity.

I for one am tired of seeing soooooo much ground loss. If we don’t start to organize more and begin to fight this battle, we are doing a great disservice to future children and families. I can completely understand that the legal aspects need to be fully explored prior to embarking on such a project.

Kate, I am sure there will be more discussion of this in the future. Thank you for posting your wonderful idea!

Liz, I hear ya’ and COMPLETELY agree. This is so necessary! Any ideas on how we can get it to happen?

Lisa

Our midwife had my mom stop filming once she knew that our baby was caught (due to SD). Fortunately, my mom didn't know what she was doing and never turned off the camera. You cannot see what occurred but you can hear for the next 20 minutes what was going on. You can hear the midwife saying that the baby was too big for me, that she "pulled" on the baby's head and that she may have fractured the collarbone. All interesting information. She also is heard saying she told my mom to stop videotaping because "it's a scary situation and I wouldn't want to watch it later down the road"... Oh really - I'm SURE that is why you asked her to turn it off! It infuriates me that they can blatantly lie like that!

I had a high risk Dr.You would think a high risk Dr. knows what their doing?
and they would not let my fiance record.
I do not even have any pictures.
My delivery went so bad that my fiance walked out when i started to push.
The only picture i do have is the professional one and they hid her arm in the picture.
I am totally for the recoording it will help us.
I know that if we can record it would probly change everything.

question for Kate. I believe you once stated you used a midwife. Did you video tape your son's birth? Also, are you filing a suit in your situation? no judgement, just curious. I think a video library is a great idea.
As far as the "lost case" post, while I'm truly sorry for Cara and her family, I can't help but caution everyone that just like every injury is different, EVERY case is different also. Not one person on this board knows the circumstances, situation or facts about Cara's birth or trial. It seems like the tone here is always US (BPI community) vs. THEM (Doctors and midwives). I just feel that we need to remember to try and hold the judgements, emotions, assumptions until we know the facts about each individual case. And that's IF the person wants to share those facts.

oops, I mean Cori, not Cara. Sorry