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Archive for February, 2012

Boy Gets Birth Injury Award Five Years Later

Wednesday, February 29th, 2012

It appears that the little boy who suffered a severe brain injury during his birth at a Florida hospital in 1997 will finally see the $30 million awarded to him by a Florida jury.

Aaron Edwards was born at a Lee Memorial Health System hospital. In 2007, a jury found that negligent actions by nurses caused Edwards a crippling brain injury and that they failed to follow standard hospital rules and regulations.

According to Roden, when her son was born, Lee Memorial was a private institution. However, by the time the lawsuit was over, Lee Memorial had been bought out by the state of Florida.

As a government hospital, Lee Memorial gained sovereign immunity, which prevents individuals from collecting judgments of more than $200,000 from government agencies without the state legislature passing a bill to allow it.

A few weeks ago, the Florida legislature finally heard arguments from Aaron’s mother and a representative of Lee Memorial Hospital. The bill passed the committee, with only one member voting no.

We are glad to see the Florida legislature uphold the judgment of the court. Edwards’ mother will likely appreciate the ability to pay for the care of her son.

Cappolino Dodd Krebs, LLP – birth trauma attorneys

 

The Risks of Teratogens

Friday, February 24th, 2012

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While birth defects can occur for a variety of reasons, there are some substances that when consumed will greatly increase the risk of such defects.

Alcohol, some illegal drugs, and some prescription and over-the-counter medications are known to cause birth defects when taken during pregnancy. Known as “teratogens,” these substances interfere with the normal development of a fetus.

It is not always possible to predict how a teratogen will affect a fetus, but there are some factors to consider:

  • What type of drug is it?
  • How big is the dose?
  • How frequently is it taken?
  • What stage of development is the fetus at the time of exposure?
  • What is the individual response of the fetus to the drug?
  • A variety of other factors, including maternal diet or illness

Each fetus has about a four percent chance of a birth defect, even under perfect conditions. No one would choose to increase that percentage, though, which is why it is so upsetting when a seemingly benign drug is discovered to be a teratogen.

It is normal to have questions about your medication when you are pregnant. Share your concerns with your doctor. While you may not be able to eliminate any chance of birth defects, staying aware and informed will help minimize the risk.

Cappolino Dodd Krebs, LLP – birth trauma attorneys

 

FDA Faces Lawsuit Over Thalidomide Documents

Monday, February 20th, 2012

The Food and Drug Administration (FDA) has been sued for allegedly failing to turn over documents pertaining to the use and distribution of the morning sickness drug thalidomide. Attorneys filing a birth injury lawsuit against the companies involved with the drug claim they repeatedly requested the documents, but have not received them.

The lawsuit the records pertain to claims the defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint also claims that Smith Kline & French (the predecessor to GlaxoSmithKline) distributed thalidomide to more than 20,000 people even though the drug never received FDA approval.

We discussed in a previous blog how it is sometimes difficult to know the full range of side effects for each new drug that is introduced to the market. As unfortunate as it may seem, it can sometimes take a wave of birth defects to indicate a dangerous drug. Sometimes government organizations, like the FDA, are able to curtail the damage. However, there are times when the FDA fails to act. When this happens, it may require litigation on behalf of victims to implement change.

Cappolino Dodd Krebs, LLP – birth trauma attorneys

 

 

Game Update for Charity

Friday, February 17th, 2012

In an effort to raise money for an operation to help a girl with cerebral palsy, game developer Big Ideas Digital has launched a charity drive involving one of its iPhone games.

Born premature, Grace Windram was diagnosed with cerebral palsy in 2006. Birth trauma left her unable to control the muscles in her legs, arms, mouth and tongue. She underwent several treatments but is still unable to walk. Her parents hoped to change that, though, by applying to an intensive physiotherapy program at the St. Louis Children’s Hospital.

Grace was accepted to the program. The only difficulty now is coming up with the money to pay for it. At $68,000, the treatment is far beyond the means of her family.

Big Ideas Digital learned of Grace’s plight and decided to create an update to its iPhone game consisting of a new level called “Grace’s Tunes.” The user has to find 50 well-known cartoon names in a Road Runner-themed backdrop.

The update costs 99 cents. In eight weeks, the drive has raised approximately $30,000.

“We will be eternally grateful for the generous support that Big Ideas has given Grace’s Fund,” said Helen Windram, Grace’s mother.

Cappolino Dodd Krebs, LLP – cerebral palsy attorneys