Articles Posted in Spinal Injury

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On October 10, 1989, a mother brought her son in to the Rusk Institute for his regular evaluation for spina bifida. While they were at the institute, the medical staff noticed that the child had pain in his arm. A medical examination revealed that the child was suffering from a spiral fracture of his upper right arm. The mother stated that the child had not shown any signs of pain or injury prior to appearing at the institute for his check up. She stated that she thought that the child’s one and one-half year old brother must have caused the injury. The medical staff contend that it is beyond unlikely that such a small child would have the strength or ability to cause a spiral fracture of an upper arm. The medical experts also contend that the injury could not have been caused by the child’s spina bifida. The medical staff stated that the child would have been in extreme pain at the time of the accident and for several days following the injury. The medical staff stated that at the time that the mother brought the child to the institute, the injury was obvious and included swelling, bruising, lack of movement, and pain whenever anyone touched the arm. The medical staff contend that the injury was obvious to them and that it should have been obvious to the parents. The contention is that the parents were responsible for neglecting the child to the point of child abuse in that they did not take the child to the hospital for treatment before his appointment on October 10th.

The history of the family is that the woman was notified while she was pregnant that her child would likely be born with birth defects. She chose not to abort the infant. The infant was a little over five months old at the time of the injury. The child was born in Puerto Rico, but the family moved to New York in 1989 so that the child could have care at the spina bifida clinic at the Rusk Institute. On the regular appointment for the child on October 10, 1989, the doctor who was examining him noticed that the right arm was swollen and yellowish-green in color. He arranged for the infant to be taken to the emergency room immediately. The doctor testified at trial that a side effect of spina bifida is a propensity for fractures and that when they occur, there is minimal trauma noted. However, this is usually only below the area where the spina bifida is located on the child. The arm is above this location and the doctor stated that he had never seen a fracture associated with spina bifida in the upper extremities. The doctor stated that he could be relatively certain that the fracture was not associated with the spina bifida and that it would have required a larger amount of force to cause the fracture than what another small child could exert.

The x-rays of the child showed corner fractures in both of the baby’s knees in addition to the spiral fracture of the infant’s arm. The knee fractures were associated with the spina bifida. The arm was the result of a twisting motion that is more commonly seen in child abuse cases. The hospital social worker also observed a bruise on the infant’s cheek that the mother stated had been caused by the little brother as well. The mother told the social worker that she had noticed the swelling on the baby’s arm the day before she took him for his appointment. The social worker filed a report of child abuse because of the nature of the injury and the fact that the mother stated that she had noticed the injury the day before and had not taken the child for treatment.

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On September 10, 1993, a mother brought her 56 day old baby girl to the emergency room at Saint Luke’s Hospital in New York for treatment. The hospital staff were horrified at what they discovered. The small baby had several broken bones. She had a spinal fracture of her of her right arm that was evidence of a severe twisting action with enough force to break both bones. She had eight broken ribs. Some of the ribs showed evidence that they had begun to heal. The staff determined that those breaks were about two weeks old. Some of the broken ribs were fresh, within days before being admitted to the hospital. Both of the infant’s large leg bones, the femurs were broken. Both of the small leg bones, the tibias were broken. Both of the baby’s ankles were broken. The baby had a fractured wrist, and her left arm was fractured at the ulna. The hospital staff notified social services and the police department.

The police officers and social service workers arrived at the hospital. The social services workers took custody of the infant and eventually placed her in kinship foster care. The police officers arrested both of the parents for child abuse and neglect. When questioned about what happened, the father advised the officers that the day before the mother took the baby to the hospital, he had been giving her a bath. She had begun to slip under the water and he grabbed her by the arm to prevent her from drowning. The mother stated that the day before she took the baby to the hospital, the father had approached her and told her that he was afraid that he had injured her while giving her a bath. Neither of the parents took the baby to the hospital to be checked out at that time. The mother waited until the following day to take the baby into the hospital to be checked out.

The parents contend that the child was not injured to the extent that the hospital records state. They claimed that they had two well-baby checkups performed at their doctor’s office which did not detect any broken bones or any other injuries. They claim that the hospital personnel are mistaken. They further made a motion to the court to have the criminal charges against them transferred over to family court for handling. Family court has the ability to have any case transferred to it that it feels would best be served by being handled in a civil fashion rather than a criminal one. The standards that are evaluated to determine if the case would best be served by transfer to family court are straightforward. The entire purpose of the family court is to protect and provide for the children. The court recognizes that some cases are not best served by being transferred to family court.

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In February of 2006, an elderly woman was a resident of the Jewish Home and Infirmary of Rochester, New York, Inc. It is owned and operated by the Jewish Health Care System of Rochester, Inc. One day, the nursing staff failed to follow procedure as it concerned this woman. She required catheterization to urinate. However, on that date, no one arrived to insert the catheter. Feeling uncomfortable, the woman attempted to get out of her bed and go to the bathroom on her to catheterize herself. However, when she stood up, her bladder vacated itself on the floor. She slipped in the puddle and fell. She was injured and complained of pain from the fall. The staff performed a few diagnostic evaluations, but continued to keep her moving. The medical staff at the home encouraged the nurses to keep her attempting to walk and going to physical therapy.

The elderly woman continued to complain of pain. She was examined by the staff doctor on at least one occasion, however, he did not perform a neurological test. In fact, her fall was never noted in the doctor’s documentation. She continued to get worse and fell again on March 12, 2006 while the staff was trying to get her to walk again. On March 15th she was in such severe pain that the staff ordered a CT scan of her back. It was discovered that she had fractured the T7 vertebrae and the test also showed a compression deformity of T11. The doctor at the facility failed to have her transferred to the hospital for treatment and failed to follow any protocols for protection of the spinal cord to guard against spinal cord damage.

On March 18, 2006, the woman’s son in law came to visit her. He is a board certified physician in the state of New York. He performed a neurological evaluation and demanded that she be transferred to a hospital emergency room immediately. At the hospital, she was diagnosed with compression fractures of her thoracic spine area. She was also diagnosed with a spinal cord injury that caused her to be paralyzed from the waist down. She lost bladder and bowel control due to the injury and would spend the rest of her natural life in a wheel chair. Her family who live in Nassau and Suffolk filed a medical malpractice lawsuit against the doctor and the facility for failing to provide appropriate care.

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More than fifty years ago, the drug, diethylstilbestrol (DES), was invented and had been dispensed to women in the United States from 1941 to 1971. In 1947, the Federal Drug Administration approved the drug for treatment of complications relating to pregnancy. In 1971, its use was banned due to the link between its use and the later development of cancer in female offspring (defective product).

In the present case, it is alleged that a woman (mother of Plaintiff One and grandmother of Plaintiff Two) ingested DES “within the years 1959 and 1960”. She gave birth to Plaintiff One on 29 January 1960. Plaintiff-One gave birth to Plaintiff Two on 9 August 1981. It is alleged that Plaintiff One sustained a (birth injury) malformed uterus, cervical and uterine dysfunction and squamous metaplasia as a consequence of her mother’s ingestion of DES. As a result of those injuries, it is alleged that Plaintiff-Two was born prematurely and suffered cerebral palsy (brain injury), gran mal seizures and various related congenital defects (spinal injury). In addition, it is alleged that Plaintiff One suffered four spontaneous abortions before and after the birth of Plaintiff Two.

The exact dates of ingestion of DES by the mother of Plaintiff One, the names of the dispensing pharmacy and pharmacist, the prescription, the instructions for ingestion and the manufacturer of the drug ingested are all ‘unknown’ to Plaintiffs.

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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.

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U.S. troops in Iraq discovered an Iraqi infant with severe birth defect when they conducted a raid on a home she was in last month. That baby arrived in Atlanta last month for medical treatment.

The baby was responsive and in good condition, a spokesman for Children’s Healthcare of Atlanta reported. He said it will probably be one more week before she will undergo surgery.

The three-month-old child left Baghdad in a military transport plane accompanied by her grandmother and father.

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Just as chiropractic care can be a benefit to dealing with the effects of Vertebral Subluxation Complex, it can also help with more common ailments and health issues that children face, reports a New York Birth Injury Lawyer. These common health problems that can be helped with chiropractic care include the need for constant antibiotic use, ear tubes, hyperactivity, common sniffles and head cold symptoms, headaches, colic, and more. For parents wanting to help their children overcome these health issues, a visit to a licensed and experienced chiropractor may do more for them than they ever dreamed possible. Surgery, prescription drugs, and alternative and often invasive medical procedures are often what doctors recommend, but according to the findings of a NY Birth Injury Attorney these are not the only way to treat and even help prevent many common ailments in children. In a recent eighteen-year long study of upper respiratory infections in a group of 100 families, researchers found that ear infection often occurred as a result of restricted spinal motion in the area of the upper neck. If this motion was restored, the respiratory symptoms often went away with it. The benefits of chiropractic care on the health of children are tremendous and should be considered, especially where Vertebral Subluxation Complex is involved. Perhaps the best part about chiropractic care In Manhattan and Long Island, both of which have many practitioners, is its non-invasive and preventative nature. As reported by a New York Lawyer, this type of total body care is a good way to help treat this and other debilitating issues that are caused by birth trauma.
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Vertebral Subluxation Complex, a debilitating spinal misalignment and nervous system issue brought on by birth trauma, happens when the nerve signals from the brain to the rest of the body are interrupted. As relayed by a NY Birth Injury Lawyer, the spinal cord’s involvement with the nerve signal process is integral to how the human body functions; when this process is not functioning properly, serious developmental and structural issues can crop up. There are five main components to Vertebral Subluxation Complex. First, it settles in the joints of one or more of the 24 spinal bones, which then heal incorrectly. This can result in the bones becoming either too loose, too tight, or misaligned altogether. Second, the affected joints can pinch and irritate the spinal nerves and thus interfere with the transfer of information from the brain to the nerves in the rest of the body. Third, muscles can spasm or weaken, which leads to the fourth issue: muscle inflammation and even the potential development of scar tissue. Fifth and finally, the spine itself can begin to slowly degenerate and cause limitations in overall range of motion, which leads to severe pain and the inability of the body as a whole to develop properly. Doctors and nurses in Nassau and Suffolk Counties are always on alert when it comes to this. Vertebral Subluxation Complex is a serious issue that needs dealt with quickly. A New York Birth Injury Attorney has reported that immediate treatment and rehabilitation of the affected body parts and nervous system can your child move past this horrible health problem so they can lead a happy and healthy life.
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Birth trauma can happen to anyone, and can be the result of either natural or unnatural causes, reports a NY Birth Injury Attorney. Since the delicate and still-developing spinal cord and nervous system of an infant are so fragile, it does not take much in the way of trauma or rough handling to cause spinal misalignment or even its more debilitating counterpart, “Vertebral Subluxation Complex,” or VSC. A jarring accident, as well as the use of forceful birth alternatives such as vacuum extraction and even Cesarean Sections, can cause this trauma – a fact that is often brought to light by New York Birth Injury Lawyers. Dr. Jeanne Ohm – a Pediatric Chiropractor and a member of the International Chiropractic Pediatric Association – noted that even something such as simple as routine labor and delivery procedures can cause spinal injury liked misalignment and damage. This includes labor-inducing procedures, the use of pain medication, and restrictions on labor positions due to the mother’s health requirements. In addition to causing nerve damage, Vertebral Subluxation Complex can also cause organ malfunction, muscle damage, and tissue damage – all of which can be devastating medical issues to an infant’s development. These compounded issues can create the need for continued care and rehabilitation for the child, even in the least damaging of situations. Hospitals in Queens and The Bronx are on the look out for any of these possibilities.
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Researchers at the University of Michigan Medical School and Johns Hopkins University have successfully developed a treatment that helps animals with traumatic spinal cord injuries. The treatment actually allows new nerve fibers to grow in replacement of destroyed ones.

Brachial plexus avulsion is an injury that occurs when an arm is pulled violently away from the body. In people, the injury occurs most often in motorcycle accidents or during childbirth.

The implications of this study for people who may face amputation of an appendage or those who suffer a brachial plexus injury are far-reaching and exciting.

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