Briskman, Briskman, and Greenberg - Chicago personal injury lawyers
1.877.595.HURT (4878)

Free consultations • Calls answered 24/7
Never a fee unless we win your case.
Se habla español.

Labor trauma can cause birth injuries

A number of birth injuries can result from trauma experienced during the labor and delivery process. Said trauma can result from mistakes on the part of medical professionals attending the birth.

Head trauma suffered during delivery can cause several different types of birth injuries, including cephalohematoma, caput succedaneum and epidural hemorrhage.

Cerebral palsy, a disability of the central nervous system, can result if the baby’s brain lacks oxygen during the labor and delivery process.

Perinatal asphyxia can also appear when a baby is deprived of oxygen. That deprivation can be caused by interference with blood flow to the baby’s brain or a drop in maternal blood pressure.

Erb’s Palsy is a paralysis of the arm resulting from an injury to a group of nerves in the arm. This condition can occur if the baby’s head and neck are pulled excessively during delivery.

Brachial plexus injuries can be caused by shoulder trauma, inflammation or tumors, and they may occur if the baby’s shoulder is stretched during birth.

A leading cause of severe illness and even death in newborns is meconium aspiration syndrome. If a fetus is stressed during delivery and inhales a mixture of meconium and amniotic fluid into its lungs, severe injury can result.

Each of these birth injuries may be caused by the mistakes of doctors and other medical personnel. An unnecessary injury may constitute medical malpractice. If your child suffered a birth injury due to a medical error, you may be entitled to compensation. Contact Briskman Briskman & Greenberg to learn more about your legal rights.

Briskman Briskman & Greenberg
351 West Hubbard Street #810 ChicagoIL60654 USA 
 • (312) 222-0010

Appellate court rules worker’s injury in fall compensable

The Appellate Court of Illinois reversed the judgment of a trial court in a workers’ compensation case, ruling that the worker’s injury in a fall was compensable.

The claimant, Jane R. Brais, suffered an injury to her wrist when she tripped on a faulty sidewalk outside the Kankakee County courthouse, where she worked in the circuit clerk’s office. The trial court affirmed the arbitrator’s decision to deny benefits because the injury did not arise out of the worker’s employment. However, the appeals court reversed and remanded the cause case to the Illinois Workers’ Compensation Commission.

The appeals court found that the claimant was required to attend a meeting at a nearby building and was returning to work through the only entrance that was open at the time. The court found that the cracked sidewalk was a contributing cause of the worker’s injury and that it was a special hazard. The court also said that using the cracked sidewalk was a hazard that was part of the worker’s employment; even though the public also used the sidewalk, the employee was exposed to a greater risk than the public because of the demands of her work. The court said that the only reasonable inference based on the evidence was that the worker’s injuries arose out of her employment.

Up to 12 million adults could be affected by misdiagnosis

A new study in BMJ Quality and Safety, an international journal of healthcare improvement, estimated that one in 20 adults in the United States could be misdiagnosed in outpatient visits. The study found that approximately half of those mistakes could cause the patient harm.

The researchers set the definition of misdiagnosis as a missed opportunity to make a correct or timely diagnosis based on the evidence available. A misdiagnosis may be an instance of a physician making an incorrect diagnosis, or it may be a case of a delay in diagnosis. The researchers performed an analysis of data from three previous studies of outpatients in the United States, with the goal of estimating the frequency of misdiagnoses.

Researchers examined data on lung cancer misdiagnoses, delays in colon and prostate cancer diagnoses, and diagnostic mistakes in the primary care setting. The authors of the study said that diagnostic errors are often multifaceted, and that factors such as unclear clinical guidelines, cognitive biases and the structure of outpatient systems may play a part in misdiagnoses.

The researchers also said that misdiagnoses are underreported, which is a problem in itself. In the period between 1986 and 2010, payouts for medical malpractice claims due to misdiagnoses amounted to $38.8 billion. Diagnostic mistakes accounted for the largest percentage of malpractice payouts.

Mother of girl hit by bus sues Chicago Transit Authority

The mother of a child who was struck and killed by a city bus on Memorial Day has filed a wrongful death lawsuit against the Chicago Transit Authority.

The lawsuit was filed in Cook County Circuit Court by La’Tasha Upshaw. Her daughter was 19 months old when she died.

The lawsuit alleges that the driver was careless. The No. 6 Jackson Park Express bus hit the girl as she crossed South Shore Drive on May 26.

According to authorities, the girl had run into the street when the bus driver saw her. The driver attempted to swerve to avoid hitting the child but was not able to do so in time.

At a vigil held for the girl the day after the accident, Upshaw told reporters that she had left her daughter with neighbors while she retrieved the child’s bicycle.

Witnesses said that the girl was pinned under the bus. According to the medical examiner, she was pronounced dead at University of Chicago Comer Children’s Hospital.

The lawsuit alleges that the driver failed to maintain proper speed and did not properly swerve to avoid hitting the child. The lawsuit seeks at least $50,000 in damages, including reimbursement for medical and funeral expenses.

How brain injuries occur during birth

Injuries to a baby’s brain can occur during or shortly after labor and delivery, as a result of three main categories of cause: reduced oxygen, reduced glucose and trauma.

A baby in the womb gets its oxygen from its mother, as the mother’s oxygenated blood flows across the placenta and through the umbilical cord. If this flow of oxygen is interrupted during the labor and delivery process, serious birth injuries can occur. This can be caused by a rupture of the uterus, umbilical cord compression or premature abruption of the placenta. If the medical professionals attending the birth fail to deal with such complications immediately, the infant’s brain may be damaged.

A lengthy or difficult labor can reduce the amount of glucose in the baby’s blood. It is important for a baby’s glucose levels to be checked immediately after birth. Failure to correct low glucose levels promptly is a common cause of injury to an infant’s brain.

Trauma during labor and delivery can also cause injuries to a baby’s brain. Improper use of forceps or vacuum extractors can cause damage to the brain through cerebral contusions, cerebral bleeding and the tearing and stretching of brain tissue and blood vessels.

If your child suffered a birth injury, contact Briskman Briskman & Greenberg for a free consultation.

Research suggests under-reported birth injury

Research suggests that Chiari malformation may be an under-reported birth injury.

Chiari malformations are structural problems in the cerebellum, the area of the brain that maintains balance. The cerebellum normally sits above the foramen magnum with parts of the brain stem. The foramen magnum is in the lower back portion of the skull and leads to the spinal canal. 

In a Chiari malformation, part of the cerebellum develops beneath the foramen magnum. This causes pressure on the brain stem and cerebellum, which may affect the brain adversely and prevent cerebrospinal fluid from flowing properly to the brain.

Symptoms of Chiari malformation may include neck pain, numbness, dizziness, vision problems, buzzing or ringing in the ears, nausea, insomnia, depression and headaches. Individuals with Chiari malformations often have related conditions such as hydrocephalus, spina bifida, syringomyelia, tethered cord syndrome or spinal curvature.

Chiari malformations were once believed to occur in approximately one in every 1,000 births, but research suggests that it may be much more common than previously thought. A complication in diagnosing the condition is that individuals may be asymptomatic until adolescence or adulthood.

Chiari malformations that happen during the development of a fetus can be caused by medical malpractice — including a doctor’s failure to warn a pregnant mother of the dangers of taking certain medications during pregnancy.

Appellate court rules: employer must pay medical expenses in workers’ compensation case

The Appellate Court of Illinois recently decided an important workers’ compensation case. The court denied an employer’s request for a rehearing in a case concerning the issue of whether the company’s intent was to stipulate to payment of certain rates for the medical treatment expenses of an employee. 

The court upheld the award of benefits to the worker and ordered the Workers’ Compensation Commission to reconsider the worker’s reimbursement request for his home modifications.

The claimant, Jeffrey Berman, was employed as a food-service manager by Compass Group. He injured his back on March 19, 2009 while picking up a 40-pound box of bottled soda. A subsequent fall led to extensive complications that required hospitalization. The claimant was awarded benefits, and the employer stipulated to a fee schedule for payments for medical expenses.

In legal settings, “stipulation” refers to an agreement between the attorneys on either side of the case about certain facts and issues. The agreements are voluntary, and they are usually intended to save time in courtroom disputes. In this case, the two sides stipulated to issues concerning the company’s obligations to its employee.

On appeal, Compass Group argued that the medical expenses should have been based on a negotiated rate rather than a fee schedule. However, the court ruled that the fee schedule must stand, because the company had entered into a stipulation agreeing to it.

The claimant also cross-appealed, arguing that it was improper for the Commission to reject his claim for reimbursement for home modifications that he undertook himself based on the recommendation of a physical therapist. The Commission rejected his claim because the modifications were not recommended by a doctor. The court ruled, though, that the recommendation of a doctor is not always required, and remanded the case for further proceedings on that issue.

Ten million settlement follows trooper’s death

A $10.9 million settlement was reached in a wrongful death lawsuit over the death of an Illinois state trooper. The trooper was struck and killed by a truck driver who allegedly fell asleep while driving.

Elizabeth Sauter, Trooper James Sauter’s widow, filed the lawsuit against the truck driver and the companies he was working for at the time of the March 2013 accident.

The driver was also criminally charged in Cook County for violating federal hours-of-service regulations. According to prosecutors, he dozed off on the Tri-State Tollway on March 28, striking the trooper after working a 12-hour shift.

Records from the Federal Motor Carrier Safety Administration show that the driver and United Van Lines were fined $2,500 and $5,500, respectively, for violating a federal regulation prohibiting a driver from being on duty over 14 hours without taking 10 hours of rest time.

Judge Kathy M. Flanagan of Cook County Circuit Court approved the settlement after the parties reached an agreement in pre-trial mediation.

According to allegations in the lawsuit, Sauter’s squad car was parked on the left shoulder of Interstate 294. The truck driver was driving a semitrailer in the left lane when he fell asleep. The semi veered off the road, crashing into Sauter’s vehicle, the lawsuit alleged. According to court records, the truck driver worked from 6:31 a.m. to 6:32 p.m. that day loading the truck, then drove from 7:14 p.m. to 7:34 p.m., and again from 8:49 p.m. until the time of the crash at 11:03 p.m.

Illinois workers’ compensation medical fee schedule under scrutiny

In 2011, an across-the-board 30 percent cut was implemented in medical fee schedules for the Illinois workers’ compensation system. Some observers say that medical fees in the workers’ compensation system are now so low that doctors and other medical professionals may be reluctant to treat injured workers.

Doctors report that workers’ compensation payments are now lower than Medicare rates, which has an impact on access to medical care.

A study by the Workers Compensation Research Institute, a think tank funded by the insurance industry, found that prices for surgeries in the workers’ comp system remain high, while the cost of office visits may be too low.

The report claimed that if workers’ compensation prices are set below prices paid by group health insurers or Medicare, then injured workers may not have access to care. However, if prices are set higher than for other payors, then they could be lowered without affecting access to care.

The report also compared prices paid for nonhospital professional medical services and for group health prices and Medicare rates after the 2011 fee reduction. A significant difference between surgery costs and office visits was found.

The average workers’ compensation office visit cost for a condition of low or moderate severity was $62, $14 less than the estimated group health care plan price and $11 below the Medicare rate. Researchers said that policymakers should consider whether the lowered fee schedule may impair access to care.

Chicago jury awards fourteen million dollars in medical malpractice lawsuit

A Chicago jury recently awarded $14 million to the plaintiff in a medical malpractice lawsuit.

The plaintiff, Mariola Zapalski, was prescribed the birth control drug Yasmin. After taking the medication for 13 days, she suffered a stroke that resulted in a permanent brain injury and the paralysis of her left side. She now requires around-the-clock care.

The lawsuit alleged that Zapalski’s doctor should not have prescribed the medication to her because she had underlying risk factors. According to the lawsuit, her doctor also failed to warn her of the risks associated with the medication. A lawsuit against the medical center that provided Zapalski with the referral to her doctor was settled for $2.5 million, according to reports.

Yasmin contains drospirenone, which is a synthetic progestin that has been linked to an increased risk of stroke and blood clots. The Food and Drug Administration issued a warning in 2011 stating that birth control drugs containing drospirenone may carry a greater risk of blood clots than other types of birth control. Preliminary results from an FDA study suggested that the risk of blood clots is 1.5 times greater. However, Yasmin and other drugs containing drospirenone are still on the market. Bayer, the manufacturer of Yasmin, has settled other lawsuits over the drug.

Awards and Associations
Talk to An Attorney - 1.877.595.4878
Chicago Law Office
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Fax: 312.222.1203
MAP / DIRECTIONS
Joliet Law Office
175 N. Chicago St.
Joliet, IL 60432-4126
Phone: 312.222.0010
Fax: 312.222.1203
MAP / DIRECTIONS
Podcast
Connect With Us
The Chicago Illinois personal injury law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County.
Website by SEO | Law Firm™, an Adviatech Company