Cerebral Palsy & Hypoxic Ischemic Encephalopathy

The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.

It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.

In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.

These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.

As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.

If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.

Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.

Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.

Brachial Plexus Injuries & Erb's Palsy

Shoulder dystocia is a relatively common complication experienced during childbirth. It occurs when the infant's shoulder's become impacted behind the mother's pelvic wall. Shoulder dystocia is usually encountered with large babies weighing in excess of 4,500 grams (fetal macrosomia), but that is not always the case. Other predictors of possible shoulder dystocia are significant maternal weight gain and gestational diabetes.


Most obstetricians can predict whether a delivery presents a risk of shoulder dystocia, and can take a number of precautions--including cesarean delivery--to avoid it.

In some cases, however, shoulder dystocia cannot be predicted. Doctors and nurses that encounter this condition can employ a variety of techniques to help avoid serious injuries, such as the McRoberts maneuver, application of suprapubic pressure, or something known as the "corkscrew" maneuver.

Unfortunately, in some cases, physicians or medical staff have not been properly trained in these procedures. Other times, doctors might rush to use an instrument such as a vacuum extractor or forceps to help extract the infant.

Such inappropriate actions often result in injury to the brachial plexus nerves in the infant's neck. These injuries can range from strain, which may heal over time, to complete avulsion. Depending on the severity of the injury to the brachial plexus nerves, a child may develop a condition known as Erb's Palsy.

Erb's Palsy can result in a crippling disability to a child's upper extremity. While some surgical procedures can increased the range of motion, many children never regain full use of their arms. Though children suffering from Erb's Palsy can be happy and confident, simple tasks such as eating with utensils and putting on socks serve as frustrating reminders that they are different from their playmates.

Recovering for Minor Plaintiffs: What's Next?

Recovering monetary awards for medical expenses and pain and suffering caused by birth injuries is an important part of our job. It is rarely, however, the last step in the litigation process. The Utah malpractice attorneys at G. Eric Nielson & Associates also work closely with parents and legal guardians to assist with planning for a minor's future medical and other expenses.

One of the most frightening aspects of having a child who has suffered a birth injury or other harm from medical malpractice is planning for their future economic needs. Birth injuries resulting in cerebral palsy, nerve damage, or other complications guarantee a lifetime of medical bills and other unique expenses. We make it a priority to assist clients with planning for the future needs of children who are victims of medical malpractice. Through our network of experts, and close relationships with financial professionals, we can help parents answer questions about the future health care needs of children who are victims of medical malpractice.

Additionally, many young children are dependent on state and federal assistance programs. Without careful planning, settlement of a minor's personal injury claim can jeopardize their eligibility for certain kinds of government assistance. The attorneys at G. Eric Nielson & Associates will assist parents and legal guardians in planning for these special needs.

If you are the parent of a child who has suffered a birth injury or other harm from medical negligence, contact the medical malpractice attorneys at G. Eric Nielson & Associates today.