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Posts Tagged ‘Brain Damage’

Abbott Laboratories Sued Over Infant Formula, Alleging Enterobacter Sakazakii Contamination

Wednesday, March 16th, 2011

According to the Sioux City Journal, a Sioux City bank has filed a lawsuit on behalf of a 3 year old girl against a maker of a powdered infant formula. According to court records, Security National Bank alleges that Jeanine Kunkel contracted neonatal Enterobacter sakazakii meningitis from the Similar formula made by Abbott Laboratories. The lawsuit alleges that Jeanine suffered permanent brain damage from drinking contaminated infant formula.

The bank is acting as the child’s conservator. Her parents say that she changed drastically soon after drinking Similac powdered formula, which came in a complimentary bag provided by the St. Luke’s Regional Medical Center at the time of her discharge. Within 24 hours the newborn appeared to be acting differently, reports her mother. She was crying and appeared to be very uncomfortable.

Jeanine was diagnosed with the strain of meningitis at Children’s Hospital and Medical Center in Omaha, she was about 12 days old. The FDA recalled Portagen powdered infant formula in 2002 due to reports of Enterobacter sakazakii in infants were matched to the product. The U.S. Food and Drug Administration has documented a link between the disease and Enterobacter sakazakii.

According to Jeanine’s father, FDA lab tests found no E sakazakii bacterium in the family’s kitchen and further tests conducted found on evidence of it on the can of powdered Similac. The hospital’s spokesperson said that the hospital includes formula in gift bags for new parents, the products come from the manufacturers in sealed containers and within their expiration dates.

Parents Sue Lakeland Regional Medical Center for Daughter’s Brain Injury

Friday, February 25th, 2011

According to the News Chief, a Florida couple is suing Lakeland Regional Medical Center and Central Florida Health Care alleging medical errors caused their daughter’s cerebral palsy. Fiona and Stanley Brown, parents of 6-year-old Fiona Brown, claim the hospital and two registered nurse practitioners, Pamela Barany and Joan Sarratt Bardo, were negligent and caused Destiny’s brain injury.

According to the complaint, Central Florida Health Care DBA Lakeland OB-GYN provided Fiona Brown with prenatal care throughout her pregnancy. Brown went for a regular check up on September 28, 2005 and nurses observed signs and symptoms of high blood pressure. A nurse midwife in the office instructed Brown to go to the Lakeland Regional Medical Center for a further observation.

At the hospital, the fetal monitor strip indicated a decrease in fetal heart rate. Brown was 38 weeks pregnant at the time when medical personnel informed her that she needed an emergency Cesarean section. However, Brown delivered vaginally before a c-section was preformed. The lawsuit alleges negligence by defendants caused brain injury and subsequent neurological damage. The plaintiffs allege the defendants failed to timely provide care before the birth, failed at treating the fetal distress quickly enough and failed to report change in Brown’s condition to the attending doctor, which further delayed the c-section. The lawsuit names Bardo and Barany for failing to notify the attending physicians and delaying the needed emergency c-section.

Gayle Williams, chief executive of Central Florida Health Care, argued in court documents that her organization did not provide prenatal care in Lakeland in 2005, but that the organization linked with Lakeland OB-GYN in 2007.

Experts Disagree on Shaken Baby

Wednesday, January 19th, 2011

When Joshua Miller was accused of shaking his infant son so severely that it caused bleeding into the baby’s eyes and brain he was charged with aggravated assault, child endangerment, reckless endangerment and simple assault.

In January of 2009 Mr. Miller and his son were home alone. Miller made a frantic call to 911 saying that his son was unresponsive and gasping for breath. Upon arrival at the hospital the baby was treated and transferred to the Children’s Hospital of Pittsburgh where he was kept for 7 days.

When this case went to court it there were conflicting opinions in what could have caused the bleeding the infant’s brain. The prosecutions medical expert said that the bleeding was due to the baby being shaken, and that no evidence was found to indicate that there was any underlying problem that would have caused the bleeding.

Another expert who has written extensively about shaken baby cases said that the bleeding was caused by what was most likely a birth injury which caused damage to the membrane around the brain.

At this time Joshua Miller has not been called to the stand, and there is a bit of upheaval in the courts concerning a possible mistrial being declared due to misinformation concerning the baby’s mother. What remains is that this child was harmed in some way and it is up to medical experts, the police and the courts to decide whether his father is guilty of the damage or whether it was in fact an old birth injury.

Court Clears Doctor of Negligence

Monday, January 17th, 2011

After almost eight days of deliberation the jury in a complicated multimillion dollar lawsuit returned with the verdict that Dr. Sam Olupona is not to blame for complications in the birth of a little boy that led to severe brain injuries.

The parents of the boy filed suit against the hospital, Dr. Olupona and two hospital nurses claiming that when the mother was in labor with twins the doctor and nurses failed to monitor the babies heart rates, and did not ensure that the mother had an epidural in case of an emergency cesarean section and failed to make sure that an operating room was ready in case it was needed.
When a mother is carrying twins each of these things are considered to be routine, however it was found that Dr. Olupona did everything in his power to ensure a safe delivery of both babies and that the nurses were not involved in the delivery after the mother entered the operating room.

Of the defendants listed only one nurse was found to be negligent and failing to meet a reasonable standard of care, and of failing to follow the doctor’s orders concerning placing an epidural. While the nurse was found to be 75% to blame for the birth defects the hospital was found to be 25% percent responsible for failing to provide a nurse that would follow procedures and perform her job properly.
The damages and expenses in this case awarded to the parents of the child come to around $10 Million. The child will require lifelong constant care and will incur large medical bills due to the chain of events which left him permanently damaged.