Some birth injuries can leave your child with long-term side effects that hinder your child’s future and your financial future. This is why you should speak to an experienced Miami birth injury lawyer to discuss your legal options.

Types of Birth Injuries

Infants are tiny, vulnerable creatures during birth and are prone to injury in numerous ways during the delivery process. Some of the most commonly reported birth injuries include:

• Brain damage due to oxygen deprivation
• Cerebral palsy
• Spinal cord damage
• Shoulder dystocia
• Infection

Common Causes of Serious Birth Injuries

Birth injuries may also stem from the following, which may indicate medical negligence:

• Improper use of forceps or a vacuum;
• Failure to properly administer Pitocin, a labor-inducing medication;
• Failure to diagnose an infection;
• Failure to properly treat an infection after it was discovered;
• Failure to notice and take action on a sudden change in the condition of the fetus;
• Failure to refer a mother who will have a high-risk pregnancy to a specialist; and/or
• Failure to perform the necessary prenatal testing.

Damages You Can Recover Through a Medical Malpractice Claim

If you decide to take legal action against the doctor that delivered your baby, an assisting nurse, or other medical professional, you can pursue financial restitution for the medical bills you incurred and will incur in the future (which may be extensive, depending on the injuries your baby suffered). You can also pursue damages for lost earning capacity, mental anguish, emotional distress, and other damages.

Be Cognizant of the Statute of Limitations

You have a limited amount of time to take legal action and file a medical malpractice suit against the doctor or hospital. A birth injury malpractice lawsuit generally needs to be filed in a Florida civil court within two years of the time of your child’s injury. However, it is important to contact an attorney sooner rather than later to discuss the validity of your case. Why? Because the Florida legislature has passed a number of laws that make it much more difficult to file a medical malpractice lawsuit in state court. A detailed investigation of what exactly happened and what could have been done to prevent it, is required. Therefore, your attorney will need time to review the relevant records and consult with a medical professional to assess the viability of your claim.

Miami Birth Injury Lawyer Here to Help You and Your Child

The Miami medical malpractice attorneys at the office of Alan Goldfarb, P.A. are ready to assist you and your child if they suffered a serious injury at birth. This is probably a difficult time for you. You have questions and concerns about what to do next and how your child will receive the care they need. We understand and can provide important legal advice. Contact our office today to schedule a free, confidential consultation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

What Exactly Is Zofran?

Zofran is classified as a “serotonin 5-HT3 receptor antagonist.” Serotonin is a chemical produced in your brain that relays information between the cells in your nerves. Serotonin is found in your lower gastrointestinal tract. It assists in the movement of your intestines. The 5-HT3 receptor is the specific protein molecule that receives serotonin signals.

What Does Off-Label Mean?

As mentioned, the original objective of Zofran was to help chemotherapy patients with nausea and the U.S. Food and Drug Administration has not approved Zofran for the treatment of morning sickness (nor have any studies been performed to test the safety of the drug).

Despite these facts, the prescription drug gained popularity (and thereby generating more profits for GlaxoSmithKline) as “off-label” usage for treating morning sickness. Off-label usage means doctors are prescribing the drug for the treatment of a condition, or conditions, outside of its original purpose.

You may be surprised to learn that there is no law expressly prohibiting doctors from off-label prescriptions. In fact, many prescription drugs are prescribed this way. Nevertheless, it can be dangerous, especially due to the lack of oversight on how and what types of conditions can be treated via off-label usage.

Multiple Medical Studies Indicate Link Between Zofran and Birth Defects

Multiple studies have shown that Zofran can cause an increased risk of babies developing cleft palate. Additionally, a team of researchers found that women who took Zofran while pregnant were twice as likely to have a child with a heart defect.

GlaxoSmithKline Hit with Multi-Billion Dollar Penalty for Marketing Zofran Illegally

The United States Department of Justice ordered GlaxoSmithKline to pay a $3 billion fine for using illegal marketing tactics to promote Zofran and for giving kickbacks to doctors. Specifically, the company was trying to get doctors to prescribe Zofran for unapproved uses to women who were pregnant. The pharmaceutical company pled guilty to committing fraud and failing to report safety data. This is the largest settlement for alleged health care fraud in United States history. Despite this jaw-dropping settlement, GlaxoSmithKline has never officially admitted to doing anything wrong. This is why they need to be held accountable in court through jury trials and civil settlements. A message needs to be sent that this type of egregious corporate conduct is unacceptable.

Speak to an Experienced Miami Zofran Birth Defect Lawyer Today

Do not take on a pharmaceutical behemoth like GlaxoSmithKline alone. Level the playing field by retaining an experienced and skilled law firm like the Miami office of Alan Goldfarb, P.A. Our legal team will advise you and your loved ones of your legal options. Contact one of our attorneys to schedule a free consultation.

Resources:

montco.legalexaminer.com/2015/04/16/studies-possible-link-zofran-birth-defects/

justice.gov/opa/pr/glaxosmithkline-plead-guilty-and-pay-3-billion-resolve-fraud-allegations-and-failure-report

It is not always possible to avoid injury during a delivery. However, birth injuries caused by medical negligence may result from:

• Improper Forceps Use: A mother may have difficulty delivering her child if the child is not properly positioned. If this happens a doctor may use forceps to help position the child and help the delivery. Using forceps can help reduce the risk of oxygen deprivation and distress. Proper use of forceps can prevent birth injuries; however, improper use can damage a child’s neck, chest or head.

• Improper Vacuum Use: A doctor may use a vacuum when a baby has difficulty escaping the birth canal. Vacuums can be used to suction a baby’s shoulder or skull to help guide the baby out the birth canal. Doctors or other medical personnel are responsible for ensuring the vacuum is properly placed on the baby. When not properly placed, the vacuum can cause severe injuries to the mother and baby.

• Failing to Order a Caesarian: A doctor may order an emergency Cesarean, or C-section, if a baby shows signs of distress. If the doctor and delivery team fail to recognize distress and delay ordering a C-section, they may be responsible for any injuries resulting from that delay.

• Hypoxia: A baby may suffer from hypoxia when its brain does not receive enough oxygen during childbirth. An infection, tangled umbilical cord, or damaged placenta may cause hypoxia. If hypoxia is not properly identified and addressed, a child may suffer mental and physical disabilities. If a doctor fails to notice signs of hypoxia and take action to avoid injury, the doctor and the delivery team may be responsible for any resulting damage.

The following complications during birth might also indicate medical malpractice was a factor that caused your child’s birth injury:

• Improper use of pitocin;
• Failure to perform specialized test during pregnancy;
• Failure to identify and treat infections, placental abruption, umbilical cord entrapment or premature membrane rupture;
• Failure to refer high-risk patients to specialist;
• Failure to identify changes in the fetus’ condition; and
• Failure to order pre-natal testing.

Contact an Attorney

Birth injuries can be caused by a number of factors and it is not always possible to avoid injury. However, if you believe your baby was injured at birth due to a doctor’s or nurse’s carelessness, then you should contact the Miami birth injury attorneys at the office of Alan Goldfarb, P.A. We can discuss the circumstances of your child’s birth and guide you through the medical malpractice claim process. Please contact us today at 866-936-9761 to discuss how we can help you.

Eligibility to File an NICA Claim

Recovering under an NICA may be simple for your family. There is no need to prove that injuries were caused by a doctor or other medical personnel. Your family will need to file a claim for benefits with the Florida Department of Administrative Hearings. You will also need to demonstrate that your baby’s injuries occurred at, or near, the time of birth.

However, the NICA only allows for recovery in a very specific and narrow set of circumstances. You may file a NICA if the circumstances around your baby’s injury meet the criterion below:

• Your baby was born alive in a hospital;
• Your baby weighed at least 5.5 pounds;
• Your baby must have suffered brain or spinal cord injury caused by oxygen deprivation or mechanical trauma;
• Your baby’s injury occurred during labor, delivery or immediately after birth;
• Your baby has severe and permanent physical and mental impairments or injuries; and
• The doctor who attended your delivery was a member of NICA at the time of the delivery.

Recovery Under the NICA is Limited

If your baby’s injury meets the criteria, then your family may be entitled to financial compensation for actual expenses, which may include:

• Medication;
• Hospital bills;
• Rehabilitation and therapy;
• Professional in home medical services;
• Specialized equipment; and
• Travel expenses.

While the NICA allows families to recover for their loses in a simpler fashion, the NICA only provides compensation for reasonable and medically necessary expenses. This means the NICA does not provide monetary provide compensation for the types of non-economic losses that a medical malpractice claim would allow. Families are not able to ask for punitive damages, pain and suffering or any expense deemed “unreasonable.” Additionally, compensation under the NICA is limited to certain amounts. Furthermore, if you meet the criteria to receive NICA funds you family may not be able to pursue other remedies to recover for your losses.

Contact An Attorney

It can be difficult to decide the next steps when your child sustains a birth injury. The NICA presents on option while a medical malpractice claim presents another. If you believe your child was injured during birth as a result of a doctor’s or medical professional’s carelessness, then you should contact the Miami birth injury attorneys at the office of Alan Goldfarb, P.A. We can help you determine whether you should seek compensation under NICA or pursue a medical malpractice claim. Please contact us today to discuss the details of your child’s injury.