Long Island

Published on: April 22, 2012

On June 4, 1953, the accused, a fraternal benefit association issued a certificate

by Stephen Bilkis

On June 4, 1953, the accused, a fraternal benefit association issued a certificate of membership in the amount of $4,000 to a postal clerk member of the New York Branch of the Association. While alive, he is entitled to participate in the benefits of the Benefit Fund in case he sustained various bodily injuriesthrough external violent and accidental means. The injuries should not be the result of his own vicious or intemperate conduct because it would wholly and continuously disable him from performing the duties of a Postal Transportation Clerk. If death shall result from such injuries alone within one year from the date of the injury, the Association will pay $4,000 to his step-daughter.

On March 31, 1962, while the contract was in force and effect, the postal clerk died. He was then 80 years of age and a patient at the Veterans Administration Hospital in New York. He had been confined for approximately 22 months prior to his death. Following notification of death and submission of proof by his stepdaughter and a refusal by the association to pay the benefit, the instant action was commenced. The association at trial conceded the existence of the contract and the status of postal clerk as its beneficiary. It denied and contested however the accidental death as defined in the policy.

Thus, the sole issue tried was whether or not the postal clerk’s death was caused by an accident within the meaning of the policy. The stepdaughter’s proof consisted of a death certificate and the testimony of a medical doctor. The death certificate issued by the Office of Vital Records of the Department of Health revealed that after an autopsy was performed, it was found out that the cause of death was Cerebral Arteriosclerosis caused by accidentally swallowing of sock. It was offered in evidence by the complainant to establish the cause of death of the postal clerk. In view of the association’s objection to accept the death certificate in evidence for such purpose, it was accepted by the Court only to establish the fact of death. A decision was reserved on its admissibility to show the cause of death. The medical doctor who testified had 36 years of practice and estimated treating about a thousand cases of cerebral arteriosclerosis during his career. He did not testify to treating the postal clerk during his lifetime or attending him at the time of his death or thereafter. However, the doctor stated that the death caused by suffocation due to the presence of a sock in a man’s pharynx is considered death by external and violent means.

Published on: April 19, 2012

The complainants seek damages for the infant’s right arm paralysis injury

by Stephen Bilkis

The complainants seek damages for the infant’s right arm paralysis injury (Erbs palsy brachial plexus). The accused parties are the hospital, the obstetrical resident who delivered the infant and the attending physician who was present at the delivery.

The complainants allege that the doctors failed to properly manage and perform the delivery of the infant, failed to properly detect and manage shoulder dystocia, failed to perform rotational maneuvers to deliver the infant, failed to properly position the mother for delivery, improperly performed delivery by applying excessive traction to the infant’s head, failed to perform an episiotomy in the presence of a shoulder dystocia, failed to place the mother in the necessary birth position and failed to perform the necessary birth maneuver, and improperly performed maneuvers at delivery which resulted in injury to the brachial plexus nerve. The doctors on the other hand, claim that the birth injury sustained by the infant is inconsistent with the records of the labor and delivery. It was not caused by a medical malpractice and instead, was the result of maternal fetal forces.

In support of their motion for summary judgment, the doctors submit the affirmation of obstetrics and gynecology physician board certified who reviewed the pertinent medical records, pleadings and deposition transcripts. The board certified physician observes that the mother’s pre-natal history was benign and she had no maternal risk factors for shoulder dystocia. She also observes that the mother did not have an abnormal pelvic anatomy, gestational diabetes, was not post-date. The records revealed that the mother had no previous shoulder dystocia delivery and was not extremely short of stature. The board certified physician also pronounces that there was no assisted vaginal delivery or protracted active phase of first stage labor or second stage labor. The delivery note also indicated that the child was delivered with a non-reducible nuchal cord wrapped once around the neck and was clamped and cut upon the head’s delivery. The nuchal cord is significant because in its presence, the mother was directed to stop pushing after delivery of the head in order to have the cord cut prior to the delivery of the child’s body. Based upon the charting, a shoulder dystocia was not encountered. Had there been any complications or the need for maneuvers to be undertaken because shoulder dystocia was encountered, or for any other reason, it would have been documented in the physician’s notes, nursing notes, or pediatric notes. The board certified physician strongly claims that absence of any of such documentation is clear and convincing evidence that maneuvers and/or excessive traction were not used and shoulder dystocia not encountered. The work-up from admission to delivery was well within the standards of care, and there were no departures from the standard of care from the time of delivery through the delivery itself, based upon the records. Following the delivery, the mother had a first-degree vaginal laceration and was repaired with 3.0 chromic sutures, which indicates that it was a superficial laceration without muscle involvement and it was not, as indicated in the complaint that a trapped shoulder had to be delivered.

Published on: March 30, 2012

A medical malpractice action has been filed by the plaintiffs

by Stephen Bilkis

A medical malpractice action has been filed by the plaintiffs, individually as parents and natural guardians of an infant, where they seek to recover, inter alia, damages that the infant plaintiff suffered at birth (birth injury or birth injury accident) as a result of the defendants’ alleged negligence.

On 28 May 2010, the court granted the defendants’ summary judgment motion dismissing the complaint against them, finding that although the plaintiffs established that there were in fact issues of fact as to whether the defendants had committed medical malpractice, the plaintiffs failed to demonstrate the existence of a material issue of fact with respect to whether the defendants’ alleged negligence caused the infant plaintiff’s injuries.

Hence, the plaintiffs seek reargument of this court’s decision insofar as the complaint was dismissed as against eight (8) of the defendants.

Published on: March 19, 2012

Attorneys Pushing for Changes in the Law Concerning Birth Injury Settlement Payouts

by Stephen Bilkis

Leading medical negligence lawyers have warned that funds from some lump sum court awards invested in Irish bank shares are now effectively worthless.

News has cropped up that funds from some lump sum court awards for catastrophic birth injuries have been invested in an Irish bank, and those funds are effectively worthless. An attorney looking into the affair said he has become aware of cases where investments were made by the Wards of Court Office in what were believed to be blue chip equities.

Because of the fraud, the future rate of return for the lifetime of the injured plaintiff is sure to be adversely effected. With the average award for a catastrophic birth injury around €4m to €5m, the effects will definitely be felt.

Published on: February 24, 2012

£6.6m Birth Injury Settlement Awarded to Teen

by Stephen Bilkis

A teenager left severely brain damaged was awarded £6.6 million in damages last week.

The 18-year-old young man of Oxford was born at the city’s John Radcliffe Hospital in and was diagnosed with cerebral palsy and mental impairment. Thankfully, he has a near normal life expectancy and full awareness of his disabilities. He is able to compare his abilities with others and adjust his actions accordingly.

The Deputy Judge at London’s High Court heard that the teen was able to use most forms of assistive technology and was likely to be greatly helped by specialist equipment and care. He also heard that he would probably never be independent, would never enter the paid work force and would need assistance 24 hours a day for the rest of his life.

Published on: February 10, 2012

Birth Injury Results In $15.35 Million Settlement — Largest Ever Recorded In DeKalb County

by Stephen Bilkis

“A birth injuryfrom alleged institutional negligence results in a $15.35 million medical malpractice settlement — the largest ever recorded in DeKalb County,” a concerned doctor reveals.

It is common thought that each hospital has a responsibility for the safety of their patients. This particular malpractice settlement was obtained on behalf of a child who suffered a brain injury at birth.

On October 19, 2001, a 19-year-old female was admitted to Valley West Community Hospital for the delivery of her son. Her labor proceeded normally until one of the doctors chose to use a vacuum extractor device to assist in the delivery of the child.

Published on: January 30, 2012

Settlement in Erb’s Palsy Case

by Stephen Bilkis

A birth injury condition known as Erb’s Palsy occurs in about two out of every one thousand births, and it is typically the result of inadequate treatment by a physician or obstetrician.

A study done in Manhattan and Long Island, presented a public announcement identifying recognizable markers of the condition. In most deliveries when the baby was affected, doctor and nursing staff failed to recognize that a C-section should have been performed. Most C-sections in this case would have been based on the baby’s size. Another factor in the development of Erb’s Palsy is inadequate care and delivery situations that result in “shoulder dystocia”. The use of excessive pressure on the baby’s head, neck, or shoulder during delivery can cause several types of pressure-related nerve damages.

In malpractice or negligence cases, families have the right to seek compensation from those who are responsible. It is possibly for the plaintiffs to come to an out-of-court agreement, or settlement that is compensation received when injuries are the result of medical negligence or malpractice. Such settlements are a major boon for families having to deal with the additional costs of therapies and surgeries.

Published on: January 21, 2012

A Study finds that Many Childbirth Injuries are Avoidable

by Stephen Bilkis

A study conducted by the Agency for Healthcare Research and Quality came to the unavoidable truth that many childbirth-related injuries sustained by newborns are relatively common and altogether avoidable.   The analysis examined 2006 data and noted that common issues included injuries to newborns such as broken collarbones, head injuries and infections, as well as maternal injuries during delivery. During the study year, the researchers concluded that almost 157,700 injuries to mothers and newborns could have been avoided had certain signs been observed or procedures been followed. Obstetrical traumas during vaginal births with instruments accounted for the highest rates of injury.   Surprisingly, rates of obstetrical trauma were 44 percent higher for women living in communities that had higher median household incomes than for women living in the poorest communities. Meanwhile, newborns covered by Medicaid and uninsured newborns had lower injury rates than those covered by private insurance. The two findings seem to contradict common perceptions, but the records do not lie.

“Ultimately, it doesn’t matter who you are as tragedy can strike any of us at any time in our lives,” a prestigious doctor says. While we make informed decisions that we hope will lead to positive outcomes, if our knowledge is limited because a doctor has neglected to tell us we are at risk for something, we will blame him or her – the man or woman with the training and the pledge to uphold life.   The use of instrumentation is a highly debated topic. While mechanical aids are used in every path of medicine, in the delivery room, there is a high rate of ineptitude – too high when you consider that another life hangs in the balance of that ignorance.

A positive and interesting note, however, was that overall injury rates for neonates and birthing mothers in Long Island and Manhattan have fallen significantly since the year 2000. For example, obstetric traumas for mothers occurring during vaginal birth without instruments fell 30 percent during that period.

Published on: January 7, 2012

Help for Depakote Birth Defect Victims

by Stephen Bilkis

Some anticonvulsant medications, like Depakote, are being linked to birth defects according to a doctor is citing recent studies.

Victims of these anticonvulsant birth defects will possibly need financial assistance to provide the life-long medical care necessary for children born with conditions like spina bifida, heart malformations, or physical cleft injuries.

Depakote is one of the most widely used anticonvulsant drugs on the market, prescribed to individuals suffering from epilepsy, migraine headaches and bipolar disorder. Unfortunately, several official reports from such prestigious health agencies as the New England Journal of Medicine and the Food and Drug Administration are beginning to report a connection between Depakote use and significant development of birth defects in infants exposed to the drug within the uterus.

Published on: January 5, 2012

Birth Injury Compensation Awarded to Teenager

by Stephen Bilkis

Over half a million pounds in compensation was just awarded to a North London teenager. Complications at her delivery years ago left her partially disabled as she enters adulthood.

The sixteen-year-old from Barnet suffered serious complications during her birth at London’s Barnet and Chase Farm Hospital, and she now suffers with Erb’s Palsy.

Erb’s Palys is a condition that causes paralysis of the arm. More specifically, the upper group of the arm’s primary nerves are severed during severe trauma. Depending on the nature of the trauma, the paralysis can either resolve on its own over a period of months, necessitate rehabilitative therapy, or require surgery. It was caused when her shoulder became stuck during delivery, which caused the extensive damage to the nerves in her shoulder. A study reveals that complications such as this happen more often than the public realizes.