Do most people file lawsuits

[Noahsmom]

Hi,
I was wondering if most people decide to sue their OBGYN after a birth injury?

We have not really talked seriously about doing it, but faced with the prospect of another surgery and years of therapy, I am starting to wonder if we should sue.

I assumed that it's hard to win these cases, but maybe that is not the case. I really don't have any idea if it is typical to sue for this type of injury.

Any insight?
Thanks.
Maggie

[admin]

Although filing lawsuit is a personal decision, it should be based upon the facts of the case. The decision should not be made until you have an attorney experienced in brachial plexus cases review all of the medical records. Also, the records should be reviewed by an ob/gyn as well. If following the examination of the records the attorney feels there is a strong case, you should go forward for the benefit of your child. If there is not a strong case, it is best not to proceed.

No one can guarantee that you will win the case if you decide to file a lawsuit. You will hear stories of people that won and lost their case. While these stories are of some value, remember the facts of their case, where they live, who their lawyer was, will all be different. Again, while these stories are interesting, they cannot be your only guide.

Going forward with a case does require some work on your part, but it can be managed. If you decide to proceed, win or lose, your child will know you fought for him or her.

If you have any questions, feel free to contact me. I would be pleased to answer any questions that you may have.

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

[Connie&Andrew]

I have no idea the percent of people who decide to file a lawsuit. My son is now 4 and suffered a BPI at birth. He has had the mod-quad surgery and we are still in therapy. We decided that in our case, we would not file a lawsuit. We did not feel that it was appropriate in our situation. As was stated, this is a very personal decision and must be made by the people involved in the case. I have also heard of many others who have decided not to seek any litigation.

I would also be interested in knowing just how many people decide to file. Good luck in your search for the best answers for you. We wish you well.

Connie

[admin]

There was a post on the adult obpi board a few weeks back. It was very interesting and very telling. You should check it out.

We did file a suit and are close to wrapping it up. I know several people who are in litigation or have been. It is not always an easy road, but it was something I did for my child. It was all about my child being compensated for a lifelong injury that should have never happened. I am sorry but I have no idea of what % actually file. I do have several friends who cannot even find an attorney to take their case which is very, very sad. It is because the records have been tailored so well or other factors that make the case more difficult to prove, although excessive traction and negligence clearly took place.

Good luck on your decision.

[Clint]

Here's the link to the Adult BPI thread. Interesting reading.

http://ubpn.org/messageboard/thread ... hread=9236

[PeggyUBPN]

It is a personal decision and it is not to be entered into lightly.
In our case, it was obvious after our second child was born (Shoulder Dystocia birth 10 pounds, 7 ounces) with a permenant injury --21 months after our first child was born (Shoulder Dystocia birth with a temporary injury at 9 pounds, 12 ounces) delivered by the same OB/GYN that it was neglegent on his part to let me try to deliver another large baby after having already had one large baby with a shoulder dystocia birth and a temporary neurological injury...which by the way, has some residual affects today. Our first born, while looking completely normal, has a slight weakness in supination and wings just a little on the left scapula--where his "temporary injury" was sustained.
If the OB/GYN had paid attention to the "red flags" he should have never let me try to deliver our second child vaginally. Both births were horrible and frightening. I had emergency surgery after delivering my first child and my second was in the neonatal CCU for 4 days.

[Noahsmom]

Hi!
Thanks for all your replies.

I have been reviewing the boards and people keep mentioning shoulder dystocia birth.

Please, what exactly is this?

Thanks.
Maggie

[PeggyUBPN]

Shoulder Dystocia is when the baby's shoulder gets stuck in the mother's pelvic bone. Once that happens, delivery becomes difficult and doctors/midwives...whomever is trying to deliver the baby puts too much traction (force) on the baby's head/neck while trying to pull the baby out and ends up, in the event of a brachial plexus injury, damaging the nerves to the brachial plexus of the arm that is lodged by the shoulder in the pelvic bone.
There is controversy over this and the defense will state that it can happen in utero...or that it can happen during a C-Section, also.