Understanding Birth Injuries. What New Parents Need to Know

The birth of a child is a life-changing event. As a new parent, you want nothing but the best care for your baby during labor and delivery. However, sometimes things can go wrong, and the baby can sustain injuries during birth. According to recent studies, birth injuries occur in about 7 out of every 1,000 births in the USA. Some of these injuries are preventable.

Protecting families after a serious birth injury

Birth injuries can happen during a difficult delivery if the baby is larger than average or if complications arise during pregnancy or delivery.

The most common birth injuries include cerebral palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy (HIE).

–      Cerebral palsy is caused by brain damage and affects muscle control and movement.

–      Brachial plexus injuries occur when the nerves that control the arm and hand are damaged during delivery.

–      HIE is a type of brain injury that can occur when the baby does not receive enough oxygen during delivery. HIE can lead to long-term issues such as seizure disorders, cerebral palsy, restricted brain and skull growth, and developmental delays.

Baby in NICU after suffering a birth injury.

Top reasons for fetal distress

As new parents, it’s important to know the top reasons for fetal distress. This knowledge can help you recognize signs of distress and take action to ensure you and your baby are safe and healthy.

Preventing birth injuries requires good communication between the OB/GYN and the hospital staff. Doctors and nurses must carefully monitor the baby’s vital signs during delivery and identify potential complications early on.

  1. Placenta Problems

The placenta is responsible for delivering oxygen and nutrients to the baby during pregnancy. Any problems with the placenta can lead to fetal distress.

–      Placental abruption occurs when the placenta separates from the uterus, causing bleeding and compromising the baby’s oxygen supply.

–      Placenta previa is where the placenta covers the cervix and blocks the baby’s path out of the uterus. It is another condition that can cause hemorrhage and compromise the baby’s oxygen supply.

These conditions require immediate medical attention to prevent serious harm to the baby and mother.

  1. Umbilical Cord Issues

The umbilical cord connects the baby to the placenta and carries oxygen and nutrients to the baby.

–      If the cord becomes compressed, twisted, or detached, it can restrict blood flow and cause fetal distress.

–      Conditions like nuchal cord occur when the cord wraps around the baby’s neck, causing compression and reduced oxygen supply.

–      Umbilical cord prolapse is another serious condition where the cord slips through the cervix before the baby, increasing the risk of oxygen deprivation and brain damage.

  1. Infection

Infections in the mother during pregnancy or in the baby during delivery can lead to fetal distress. For example, chorioamnionitis is an infection that affects the placenta and fluid around the baby, causing inflammation and reducing oxygen supply.

This infection can lead to premature birth and brain damage if left untreated. It’s important for expecting mothers to practice good hygiene and get regular prenatal care to prevent infections that can affect the baby.

  1. Maternal Health Problems

Certain health problems in expecting mothers can lead to fetal distress. For example, preeclampsia is a condition that causes high blood pressure and damage to organs like the uterus and liver.

Preeclampsia can lead to a decrease in blood flow to the placenta, causing fetal distress. Mothers with diabetes also have a higher risk of fetal distress due to the impact on blood sugar levels and increased likelihood of a large-bodied baby.

It’s important for pregnant women to maintain a healthy lifestyle and get regular checkups to monitor these health problems.

If a baby is experiencing fetal distress, doctors must act quickly to deliver the baby safely. In some cases, a C-section may be the best option. OB/GYNs and hospital staff can also use tools such as forceps and vacuum extractors carefully to avoid injury to the baby during delivery.

Fetal distress during labor and delivery leading to cerebral palsy diagnosis.

Did your baby have a cerebral palsy diagnosis?

Hearing a cerebral palsy diagnosis about your newborn infant is devastating as a new parent. You may ask yourself, why did my baby suffer brain trauma at birth? You may wonder if a medical mistake during childbirth caused your child’s birth injuries.

Cerebral palsy is a neurological disorder that affects movement and coordination. It can have a significant impact on your child’s life.

There are many possible causes of cerebral palsy, and not all cases are a result of medical malpractice. However, medical errors during the birthing process can lead to cerebral palsy.

–      If the hospital labor team fails to detect fetal distress during labor and delivery

–      If a doctor improperly uses medical equipment like forceps or a vacuum extractor

–      Lack of oxygen to the brain during birth can cause cerebral palsy.

Any of these mistakes can result in a brain injury from birth leading to cerebral palsy. It is essential to speak with an experienced attorney for cerebral palsy. At The Yost Legal Group, we can help determine the cause of the condition.

Our cerebral palsy lawyers are highly experienced and will review all medical records about your child’s birth injury. An experienced birth injury law firm can file a medical malpractice lawsuit on your behalf.

Experienced birth injury lawyers with a track record of success

If you suspect that your baby’s birth injury could have been prevented, speak with an experienced birth injury lawyer. A birth injury attorney can review the medical records and help determine whether a medical mistake was made during delivery.

If a medical error is made, our birth injury team will work to get a lifetime of care for your child. At The Yost Legal Group, our experienced birth trauma lawyers are here to help you in this difficult time.

If your baby has been diagnosed with a birth injury, you want to know what happened. With an HIE diagnosis or an infant brain injury, we will look into the risk factors. A CP lawyer will fight on your behalf to secure the funds to pay for your child’s care.

At The Yost Legal Group, we have successfully filed thousands of birth injury lawsuits when medical mistakes were made.

We can help you navigate the complex legal system and work to ensure your family receives the financial compensation you need to care for your child. Contact us today at 800-967-8529 for a free consultation.

Warning about Allergan Breast Implants Lawsuit

Attention ladies! We want to make sure you are well informed about a serious health risk involving Allergan breast implants. These defective implants may cause a rare and aggressive type of cancer called Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL).

This type of lymphoma is typically caused by a combination of textured implants and a compromised immune system. Allergan breast implants have been recalled due to the risk of ALCL Lymphoma.

Early BIA-ALCL symptoms include:

  • Unexplained breast enlargement.
  • Asymmetry.
  • Mysterious skin rash.
  • Fluid buildup.
  • A lump in the armpit or breast.

Your well-being is our priority, so please take this information seriously and take action if you experience any of these symptoms. Stay vigilant and stay safe!

Woman diagnosed with Breast Implant-Associated Lymphoma (BIA-ALCL)

Legal Help for Those Impacted by the BIA-ALCL Risk 

Textured implants are the implants of choice for both reconstructive and cosmetic breast implant recipients. They are much more realistic than smooth implants. Furthermore, Allergan is the leading manufacturer of textured implants.

They insisted that its products were safer than smooth implants. In a way, that is true. Textured implants are less likely to leak or rupture than smooth implants. However, the increased risk of developing BIA-ALCL is a poor trade-off in safety.

As of May 2023, over a thousand women have filed legal actions that are now pending in a New Jersey federal court. Allergan hasn’t made a settlement offer yet, but many think it will happen soon.

Victims of Allergan’s defective breast implants who partner with an experienced breast implant attorney are better equipped to navigate the settlement and disbursement processes.

If you or a loved one has been diagnosed with BIA-ALCL and have Allergan’s textured breast implants, you may have a case. Call The Yost Legal Group at 800-967-8529 for a free consultation about your rights and potential claim.

The Connection Between Allergan Textured Breast Implants and Cancer

Textured implants are designed with deeper and larger divots. This helps reduce the risk of leakage and ensures a more secure attachment to the chest. However, this type of implant can sometimes lead to the formation of scar tissue capsules.

While this soft capsule typically does not cause discomfort, it puts women at risk for BIA-ALCL without them knowing.

It’s important to note that lymphoma is not the only health concern associated with these implants. The cancer cells that can develop in the scar tissue have the potential to spread throughout the body and cause other types of cancer, as stated by the Food and Drug Administration.

Treatment usually means a combination of surgery to remove the implant and affected tissue, as well as radiation and chemotherapy. If doctors aggressively treat this aggressive disease, it is usually manageable. However, not all BIA-ALCL survivors can tolerate such treatments.

As mentioned, these implants are common in reconstructive surgery. If the survivor has already survived breast cancer or another serious illness, aggressive cancer treatments are impossible.

Furthermore, these treatments are expensive, usually over $10,000 per month. A group health insurance company might pay part of the cost. Only an experienced defective breast implant lawyer can obtain compensation for all the costs associated with treatment.

Breast Implant Removal Surgery and Reconstruction Surgery

What breast implants and tissue expanders were affected in the Allergan recall?

In August 2022, the FDA received over 1,000 textured breast implant health complaints. Over 80% of these reports involved an Allergan product such as:

● Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled Breast Implants

● Natrelle Inspira Silicone-Filled Breast Implants

● Natrelle Saline Breast Implants

● Natrelle Silicone-Filled Breast Implants

● McGhan BioDimensional Silicone-Filled Biocell Textured Breast Implants

● McGhan Magna-Site Tissue Expander

● McGhan Style 134 Croissant Shaped Tissue Expander

● Natrelle 133 Plus Issue Expanders

● Natrelle 133 Tissue Expanders with and without suture tabs

● Style 133 Biospan Tissue Expanders

Important health warning regarding breast implants

We care deeply about your well-being and want to keep you informed about the latest developments in breast implant safety.

In 2011, the FDA identified a potential link between breast implants and a rare form of lymphoma called anaplastic large-cell lymphoma. However, at the time, the number of cases was too few to fully understand the risk.

In 2016, the World Health Organization classified this disease as a type of T-cell lymphoma that can develop after receiving breast implants. The following year, the FDA announced that textured implants were primarily associated with this condition, paving the way for a recall.

In March 2019, the FDA held a public advisory committee meeting to address the risks. Initially, a recall was not recommended, as product recalls are considered a last resort. However, in July 2019, new data revealed a concerning increase in cases. This undeniable evidence prompted the Allergan textured implant recall in July 2019.

In August 2022, the FDA received an alarming number of over 1,000 health complaints regarding textured breast implants. Shockingly, more than 80% of these reports were specifically linked to an Allergan product.

Your health and safety are our top priority at The Yost Legal Group. We want to ensure you have the information you need to make informed decisions. Please stay informed and consult with your healthcare provider if you have any concerns or questions regarding your breast implants.

How to file a legal action against Allergan for dangerous breast implants

Protecting customer safety should always be a top priority for companies. Unfortunately, Allergan missed multiple opportunities to inform customers about the heightened risk of developing BIA-ALCL after receiving their implants.

When a company values profits over people, it becomes crucial for a personal injury attorney to step up. The Yost Legal Group is now filing legal actions for negligence or failure to warn women nationwide against Allergan.

Call to speak with us about the Allergan implant recall. We’ll answer your questions about the Allergan lawsuit. Our breast cancer lawyers are here to protect your rights and to seek the maximum Allergan implants compensation for you.

Allergan Breast Implant Removal Surgery

Preparing for Your Free Case Evaluation Consultation

Below are some questions that will help our law firm determine if you have a case:

  • Have you been diagnosed with Breast Implant-Associated Anaplastic Large-Cell Lymphoma?

o  A current diagnosis is essential in a negligence claim. Note that BIA-ALCL is not the same as breast cancer. Instead, it is a type of non-Hodgkin lymphoma.

  • When did you have your breast implant surgery?

o  People filing lawsuits had their surgeries between 1998 and 2019. Contact your plastic surgeon who performed this procedure if you don’t remember the exact date of your surgery.

  • What style of Allergan implants do you have?

o  Most women do not pay much attention to the make and model. Not all Allergan breast implants have been known to cause BIA-ALCL. They would be textured implants.

  • Have you had your implants removed?

o  The FDA has not advised patients to remove their implants if they do not have symptoms of BIA-ALCL or another problem. However, you should hire a breast implant lawyer to protect your rights, especially if you have already had your implants removed.

Hire a Dedicated Defective Breast Implant Lawyer

Are you or a loved one suffering from BIA-ALCL due to Allergan’s textured breast implants?

The Yost Legal Group is here to provide compassionate assistance and fight for your rights. You may be eligible for substantial financial compensation. This will help ease the burden of medical bills, therapy expenses, and emotional distress.

Contact our experienced Allergan textured breast implant lawyers today for a free and confidential consultation. Call The Yost Legal Group at 1-800-967-8529.

School District Pays $3.9 Million in Sexual Abuse Lawsuit

Lawsuit Won for Failing to Stop Abusive Paraeducator

The Tahoma School District recently paid a sexual abuse survivor $3.9 million to resolve a child sexual abuse lawsuit. The School District negligently continued to employ Bryan Neyers, a former para-teacher, after receiving allegations that he was sexually abusing and grooming students.

The lawsuit was filed on behalf of a student in January 2022 in King County Superior Court. The sexual abuse lawsuit alleges that the student was sexually abused when he was between 5 and 7 years old by a paraeducator. The molestation took place in Tahoma Elementary School’s Early Enrichment Program.

The alleged sexual abuse occurred between 2018 and 2020. The man faces child rape and molestation charges involving three young boys and first-degree rape charges involving a fourth child.

Neyers began working at Tahoma Elementary School in 2015. Within a year, the Maple Valley school district started receiving reports about Neyers’s concerning behavior, such as a lack of boundaries with students.

School officials did not meet with Neyers to address his behavior until June 2018. Even with that meeting, they still failed to take proper actions to address the issue, according to court documents.

If you or a loved one is a survivor of childhood sexual abuse in a school or other educational setting, you may have a case under Maryland’s new law. If you are ready to talk, we are here to listen. Call The Yost Legal Group for a free and confidential consultation at 1-800-967-8529. 

elementary school children sexually abused by assistant teacher

Protecting Children from Sexual Abuse: Understanding the Grooming Process

When it comes to sexual abuse, understanding the grooming process is crucial. In certain cases, grooming can be an independent intentional tort requiring a child sexual abuse attorney to prove damages.

Grooming serves as a warning sign, providing organizations and caregivers an opportunity to intervene and prevent the abuse from happening. Grooming often comes before the act of physical abuse. The grooming process usually has three stages:

  • Isolating: Most children know the importance of not accepting rides from unfamiliar adults. However, when the adults are a coach, teacher, sponsor, or other such person, a child might hesitate to refuse.

The adult may tell children they have special abilities and would benefit from one-on-one coaching or tutoring. Many children do not say no. Furthermore, many organizations allow such behavior, and caregivers do not see the red flag.

  • Gaining Trust: Over time, the one-on-one sessions can become more intimate. This intimacy is usually two-way. Groomers share secrets with children or, at least, makeup secrets to further gain trust. The transition could take a few weeks or a few years.

Frequently, the groomer also buys gifts for the targeted child. Inappropriate comments or activities usually begin at this point as well.

  • Concealing and Controlling the Relationship: One of the gifts might include a phone or other communication device. Inappropriate comments and activities escalate, usually accompanied by a “Don’t tell anyone about this.” Examples of these activities include photographing a child in a dance costume or playing with a child and “accidentally” touching the child’s genitals.

Fight back against child sexual assault with The Yost Legal Group

The most significant standalone grooming case to date might be 2011’s United States vs. Chambers (No. 09-3654). A jury convicted the defendant of violating the federal enticement statute.

Chambers argued that, although he chatted with an undercover agent for several months, he did not intend to meet “the girl,” nor did he take a substantial step toward meeting her.

The Seventh Circuit Court of Appeals disagreed, noting that “child sexual abuse can be accomplished by several means and is often carried out through a period of grooming.”

The court recognized that grooming refers to deliberate actions taken by a defendant to expose a child to sexual material. The defendant’s ultimate goal is to form an emotional connection with the child and reduce the child’s inhibitions to prepare the child for sexual activity.

The burden of proof in criminal court is beyond any reasonable doubt. The burden of proof in civil court is much lower. In that sense, even just a little evidence of grooming goes a long way.

parateacher sued for child molestation by sexual abuse lawyer

What are the kinds of sexual abuse?

Grooming a child is just one form of sexual abuse. It is also worth noting that “abuse” is different from “assault.” Only some forms of sexual abuse involve physical contact.

These kinds of abuse include:

  • Verbal: Crude jokes might be the most common form of verbal sexual abuse. Many of these abuse survivors do not speak up.

Usually, because they are afraid of the social or relational consequences of speaking up. One or two isolated incidents might not be actionable. But a pattern of conduct is a tort.

  • Ritualistic: We move from perhaps the most common form of sexual abuse to maybe the most uncommon form. Nevertheless, ritualistic abuse happens, and it hurts. Making matters worse, many survivors are brainwashed to accept things like incest rituals, genital mutilation, child marriage, and chants during abuse.
  • Visual: Unwanted exposure to explicit images is sexual abuse. Children cannot simply change the channel. Instead, they must bear the harmful consequences of uninvited exposure to sexually explicit photos, sexting or airdropping, and exhibitionism or flashing.
  • Physical: Examples of physical sexual abuse include non-consensual cornering, tickling, kissing, excessive cleaning of genitals, touching, fondling, physical restraint, enemas, invasion of privacy, and stalking. Disproportionate power relationships (teacher and student) influence the potential for physical sexual abuse.

The impact of child sexual abuse causes long-lasting mental and physical injuries such as Complex Post-Traumatic Stress Disorder. The cumulative effects of this type of stressful situation on child sexual abuse survivors can alter brain chemistry.

The resulting imbalance causes symptoms like anger, depression, and hypervigilance. Any form of child sex abuse or sexual violence against a child is unacceptable. These acts on young athletes by sports coaches, or sexual contact by a YMCA employee all must be brought to justice.

young child feeling isolated after sexual abuse

Is an organization responsible if the abuse happened at their location?

Individuals are criminally responsible when they sexually abuse children. But criminal cases usually do not compensate victims. To obtain the compensation victims need and deserve, an experienced sexual assault lawyer typically uses the negligent supervision theory.

Organizations negligently supervise employees when they do not adequately investigate misconduct allegations or do not properly follow through on such allegations.

Unfortunately, many organizations do not take abuse allegations seriously, especially in non-violent sexual abuse cases. Instead, they sweep things under the rug. The Baltimore Catholic Church ignored such allegations for decades. That is the main reason Maryland lawmakers abolished the statute of limitations in these matters.

Sadly, organizations like the YMCA, the Boy Scouts, and Foster Care are all breeding grounds for pedophiles. These investigations must be transparent, efficient, and thorough. Then, when investigations end, organizations must take appropriate action based solely on the facts uncovered.

Contact a compassionate child sexual abuse lawyer

Under Maryland’s new law, childhood sexual abuse survivors are entitled to significant compensation. If you or a loved one was sexually abused by a teacher, guidance counselor, or other school faculty or staff, you may have a case.

For a free and confidential consultation with a compassionate childhood sexual abuse lawyer, call The Yost Legal Group today: 1-800-967-8529. You can also click this link to fill out a form online, and someone will contact you shortly.

Looking for signs of child sexual abuse is one indicator. If you think the Department of Education isn’t taking your complaint about harm to your child seriously, contact us. If your child was abused by a coach, we are here to help.

We should take sexual abuse in public schools vs. the catholic church very seriously. We must hold these organizations accountable.

Athlete Sexual Abuse Lawyer – Foster Care Sexual Abuse Lawyer – School Sexual Abuse Lawyer

Teacher Sexual Abuse Lawyer – Therapist Sexual Abuse Lawyer – Boy Scouts Sexual Abuse Lawyer

YMCA Sexual Abuse Lawyer – Athletic Trainer Sexual Abuse Lawyer