Author: Tom Yost

Attorney

Complications from Fetal Macrosomia

Posted on by Tom Yost

A baby born weighing more than 8 pounds 13 ounces (or 4,000 grams) weighs significantly more than the average baby, and so meets the definition for macrosomia, or “big baby syndrome”, which carries with it the risk of injury during delivery.   If the baby’s birthweight is even greater – 9 pounds 15 ounces (or 4,500 grams) and above – the chance of injury during birth is even higher. Roughly 10% of all babies born within the United States are born with fetal macrosomia.

Among the greatest risks during delivery of a baby with macrosomia is the possibility the baby will be too large to safely navigate the birth canal and will suffer injury from complications such as shoulder dystocia (baby’s head emerges, but a shoulder remains trapped behind the mother’s pubic bone, preventing completion of delivery of the baby), brachial plexus injury (stretched or torn nerves in the baby’s affected shoulder and arm) and interruption in the baby’s supply of oxygen, which can cause permanent brain damage to the child.  There are also risks of injury to the mother delivering a baby with macrosomia, including excessive bleeding (hemorrhage) and uterine rupture.

A mother is at an increased risk of delivering a baby with fetal macrosomia if she has gestational diabetes (diabetes which begins during pregnancy); if she has previously given birth to a baby that had fetal macrosomia; if she gains more than the average amount of weight during her pregnancy; if her baby is born more than two weeks beyond the due date; or, if the expectant mother is over 35 years old.

Management of macrosomia includes delivery of the baby via C-section to prevent the baby from suffering a shoulder dystocia and related complications (nerve damage, loss of oxygen and/or permanent brain injury) of vaginal birth, or attempted vaginal birth, of a baby with macrosomia.

If your child suffered a birth injury, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Increasing Motorcycle Fatalities in Maryland

Posted on by Tom Yost

The Governors’ Highway Safety Association’s most recent report indicates that nearly 5,000 people are killed in motorcycle accidents each year.  Even with Maryland’s strict helmet laws, motorcyclists are still dying at a higher rate than other motorists. When a motorcycle rider does survive a crash, their injuries can be life-changing.  Injuries such as fractures, loss of limbs, and traumatic brain injuries are common in motorcycle crashes. Frequently the motorcycle rider is left with large medical bills and lost time from work.

Reliable statistics show that most of the collisions involving motorcycles are the fault of the other driver and not the rider. Car and truck drivers usually pull out in front of the motorcycle or turn in front of them taking the motorcycle rider’s right-of-way. This is true in daylight and at night. The issue becomes one of conspicuity. Although the motorcycle is there plain as day to be seen, the other driver just does not see them. Many drivers are not looking for motorcycles and miss them when they expect to see only a large car or truck.

Riders need to take as many precautions as possible. Bright colored clothing should be worn and reflective yellow traffic vests can improve the visibility of the motorcycle. Always use your headlight. Loud exhaust pipes can help because if the driver hears the motorcycle, then they will look for one. There is safety in numbers. Riders who travel together make it much easier for drivers to see the bikers. These suggestions make it easier to be seen. There are other safety considerations. Always wear a helmet. Head injuries can be fatal, but even just a mild blow to the head can cause a traumatic brain injury. Road rash is painful and can cause disfigurement. It is important to wear protective clothing and gear to prevent scarring.

If you or a loved one becomes a victim of another driver’s inattentiveness, it is important to get legal advice. At the Yost Legal Group we always provide free initial consultations to injured riders. Call us today at 1-800-YOST-LAW (1-800-403-7259) or find us on the web at www.yostlaw.com. There is no fee or expense unless you recover. We have recovered millions for injured riders.

 

 

 

 

 

 

 

 

 

 

 

The Catholic Church’s Sexual Abuse Conspiracy in America

Posted on by Tom Yost

Few institutions commanded more trust and respect from followers than the Catholic Church. But that is changing. It has been reported that over the last 40 years, the Catholic Church in the United States and its insurance companies have paid out more than $3.8 billion in lawsuits and claims involving allegations of clerical sexual abuse. A recent Pennsylvania investigative grand jury produced a report close detailing credible reports of abuse by the Catholic clergy affecting over 1000 children and adults. The grand jury determined at least 300 priests were to blame. The final report tells of an undisputed culture of sexual abuse and cover up at the upper levels of the church. The question now is whether the state prosecutors will institute criminal actions against the pedophiles and their protectors.

Apparently, this is not limited to the United States. There have also been findings of sexual and psychological abuse in Catholic-run industrial schools and orphanages in Ireland for most of the 20th Century, as well decades of sexual abuse totaling tens of thousands of children, in Australian institutions. The Catholic Church in Chile has been under fire as Chilean prosecutors cited cases of sexual abuse involving 266 victims, including 178 children, and date as far back as the 1960s.

The details of the Pennsylvania grand jury report show a pattern of protecting pedophiles who are priests. The Catholic Church substituted its sacrament of reconciliation for the legal system’s prosecution of criminal acts. But reconciliation can only be given to those who confess and are truly repentant. It has been reported that abusers were simply moved to new parishes, given a fresh start, which included access to children and others. The sentiment today is that no man is above the law. The Catholic Church’s standing in the United States in particular, is in a precarious place.

The limitations to bring criminal actions against pedophiles and rapists varies from state to state. There are also time limits to sue the Catholic Church. The laws providing time for victims of sexual abuse who were minors have changed over time. In Maryland the law for minor sex abuse victims has evolved from requiring a suit to be filed by age 21, then 28, and now 38. There may be other changes in the laws of various states permitting new suits to be filed for sexual abuse. It is also possible the Catholic Church will acknowledge this dark page in its history and do right by the people it did not protect.

If you or a loved one has questions about your right to compensation from sexual abuse at the hands of the Catholic church, call the Yost Legal Group at 1-800-YOST-LAW. There is no fee or expense unless you recover. Speak to an experienced lawyer for a free initial consultation. Thousands have been affected. You are not alone.

Injury During Spinal Surgery

Posted on by Tom Yost

Spinal surgeries can be very long and involved procedures.  Despite the fact that it is not common, patients are at risk of a spinal injury during surgery – such as nerve root or spinal cord damage resulting in paralysis, numbness, loss of bladder and/or bowel function, limited mobility or disabling pain.

Sometimes the hardware implanted during spinal surgery, such as metal screws and plates, is negligently placed and pinches, punctures or severs spinal nerves or the spinal cord.  Negligent placement of surgical plates and screws, or negligent use of a surgical instrument, such as a drill, may also cut or tear the fluid-filled membrane (the dura) protecting the spinal cord, causing both nerve damage and a spinal fluid leak (CSF leak).  Further, the protrusion of the surgical screws, through the bone (vertebra) and into surrounding nerve fibers and other soft tissue, causes damage which often results in the patient needing a revision surgery.

Usually, the symptoms of a spinal injury caused during surgery appear immediately after the patient wakes up from the anesthesia. These injuries often result in the patient having excruciating pain, areas of numbness, limited ability to move a hand, foot, arm or leg or, sometimes, quadriplegia – the inability to move all four limbs.

If you or a loved one were injured during a spinal surgery, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Traumatic Brain Injury

Posted on by Tom Yost

A TBI (Traumatic Brain Injury) is known to be the leading cause of death from sports injuries.  Even mild TBIs can have serious and long-lasting consequences.  TBI disrupts the normal function of the brain. Normally caused by a blow to the head or a penetrating brain injury,  for example,  a soccer player who falls and hits their head on the ground, or collides with another player could result in a mild or severe TBI.

A mild TBI is often characterized by a brief change of mental state, and often goes undetected.  Following a mild TBI, one might experience headaches, fatigue, dizziness, memory loss or a variety of other symptoms.  More severe TBIs are associated with loss of consciousness, coma or even possibly death.  All TBI’s require medical attention but not everyone who experiences this injury is aware of the severity of their injury or willing to go through the long process of recovery from TBI.

According to All About TBI, nearly 300,000 sports-related TBI’s occur each year in the United States.  Unfortunately, many athletes do not come forward about their injuries so they can continue to play sports.   The failure to detect and treat this kind of injury is especially dangerous for younger athletes whose brains are not fully developed.  Athletes with untreated TBIs are vulnerable to additional injuries.

TBI is a life-changing experience for the victim and their loved ones.  Understanding the symptoms of TBI and the treatment options could save a life. If a family member suffers a TBI, The Yost Legal Group may be able to help. Our experienced brain injury lawyers work closely with victims of closed head injuries to help them get a proper diagnosis and pursue the full amount of compensation for their financial needs. If you or a loved one has suffered brain injury, call 1-800-YOST-LAW (967-8529) to receive a free, confidential consultation about your potential claim.

Seizure Activity in Newborns – Hypoxia

Posted on by Tom Yost

According to the Florida Neonatal Neurological Network about 20 out of every 1,000 full term births will be affected by a lack of oxygen to the brain (hypoxia) during labor and delivery.  Babies who are born prematurely are at even greater risk, because their lungs are not fully developed and they are unable to fully manage breathing on their own.

Hypoxia is the most frequent cause of seizure activity in newborns and can cause additional damage to the baby’s developing brain.  Neonatal seizure activity can occur within minutes to hours of birth, and is typically confirmed by electroencephalography (EEG) – a test performed by attaching sensors to the infant’s scalp to monitor the brain for any abnormal electrical signal activity.  The scalp sensors are wired to a machine that records the brain’s electrical signals and displays the brain activity on a monitor or printout so that medical specialists are able to observe and interpret any brain seizure activity.

There are several additional tests that can be run to determine if a newborn baby’s seizures are being caused by a hypoxic, or hypoxic-ischemic (HIE) injury to the brain. In addition to EEG monitoring, a newborn baby suffering from seizures will have lab tests to check the blood oxygen level (pulse oximetry) and various blood, urine and spinal fluid tests to check glucose, potassium, bicarbonate and other chemical levels.  Also, brain imaging studies (ultrasound, CT and MRI) will be performed.

If your child has suffered from seizures as a result of an injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Periventricular Leukomalacia in Newborns

Posted on by Tom Yost

Periventricular leukomalacia (PVL) is an injury to the brain which occurs when tissue deep in the baby’s brain, called the white matter, dies away or is damaged.   If a baby’s brain does not receive enough oxygen during labor and delivery, the brain cells in the baby’s white matter can die or be damaged.  The patches of damaged or dying brain cells which lead to a diagnosis of PVL can be seen on brain imaging studies, such as ultrasound and magnetic resonance imaging (MRI), which are tests typically performed on infants whenever there is suspicion the baby did not receive enough oxygen during labor and delivery.

The severity of PVL varies from child to child, depending on the size and location of the damaged brain tissue.   Infants who suffer PVL are more likely to develop cerebral palsy (CP) because the brain injury caused by PVL can damage the nerve cells that control movement.  Nerve cells damaged by PVL can cause the growing child’s muscles to tighten, stiffen and uncontrollably contract and spasm.   Muscle groups in any part of the body may be affected, with involuntary leg spasms and contraction being the most common.  Severe damage caused by PVL can also cause seizures and developmental delays.

There is no treatment for PVL.  Monitoring a baby for development of PVL and managing the problems caused by this brain damage are the responsibility of your baby’s doctors.

PVL can severely impact your child’s development and quality of life.   If your child suffered a brain injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Enhanced Underinsured Motorist Coverage – What Every Maryland Driver Needs to Know

Posted on by Tom Yost

Effective July 1, 2018, Maryland insurance companies will begin to offer Enhanced Underinsured Motorist Coverage (“EUIM”) to individuals with private passenger automobile insurance policies, including motorcyclists. Commonly referred to as “stacking”, this new coverage will allow you to combine, or “stack”, your underinsured motorist coverage (UM) with the policy limits of the at-fault driver, ultimately increasing the amount of money to which you may be entitled, following an auto accident.

For instance, it is June 19, 2018, and you are involved in an auto accident on your way to the grocery store. At present, the existing law provides that your UM coverage only pays for the difference between the at-fault driver’s coverage and your UM coverage. Therefore, if the at-fault driver carried a $30,000 policy, and you had purchased $100,000 of UM coverage, the most you could recover following this accident is $100,000 ($30,000 from the at-fault driver’s policy and $70,000 from your own UM coverage). However, once the EUIM law goes into effect, you will be able to stack your UM policy with the at-fault driver’s policy. Meaning, if your accident were to occur after July 1, 2018, and after you made the election for EUIM, the most you could recover following this accident in this scenario is $130,000 ($30,000 from the at-fault driver’s policy, stacked on top of the $100,000 from your own EUIM coverage).

Why is it necessary for you to make the election for EUIM with your auto insurance carrier? Currently, the minimum required liability coverage for an insured vehicle in Maryland is $30,000 per person and $60,000 per accident. For example, under the current law, if you were involved in a serious auto accident and your medical bills were $110,000, you would be personally responsible for $10,000 of those bills. Even more, because all of the money went towards repaying your medical bills, you wouldn’t receive anything for your pain and suffering. This new law, however, will provide extra coverage for injured people when they are involved in accidents with individuals that either have: no insurance; the minimum insurance coverage; or coverage that was less than the coverage you obtained through your own policy.

It is critically important to note that, this coverage is not automatic. Accordingly, in order to obtain EUIM, you must elect so, in writing to your auto insurance carrier, on a specific form. More specifically, the new law requires that optional EUIM be offered to consumers “at the time of purchase of a private passenger motion vehicle liability insurance policy.” Md. Code § 19-509.1(c). For this reason, it is extremely important that when you renew or obtain a new auto insurance policy, that you evaluate how such additional coverage could benefit you if you or a loved one were involved in an auto accident, when deciding whether to select EUIM coverage. For more information or questions regarding auto injuries and/or the new Enhanced Underinsured Motorist Coverage, please call Adam P. Frank at the Yost Legal Group.

Birth Injury Due To Placental Abruption

Posted on by Tom Yost

The placenta is an organ that develops inside a woman’s uterus during pregnancy. Once a baby is conceived, the placenta forms to supply oxygen and nutrients to the baby, as well as remove waste products from the baby’s blood. The placenta attaches to the uterine wall, and the baby’s umbilical cord arises from it.

In some cases, however, the placenta can separate from the uterine wall, causing the baby to stop receiving an adequate supply of oxygen, and causing the mother to bleed vaginally, up to and including the loss of a life-threatening amount of blood.  Placental abruption can occur if the mother suffers forceful blunt trauma injury, such as from a serious fall or during a car accident, but the placenta can also detach from the uterine wall, completely or partially, due to complications of the pregnancy itself – including a sudden loss of amniotic fluid, very high blood pressure (pregnancy-induced hypertension or preeclampsia) or an infection within the uterus (chorioamnionitis).

Symptoms of placental abruption include vaginal bleeding and abdominal pain, sometimes including back pain, which can start suddenly and be constant or mimic contractions, but typically with little or no time between each contraction.   If there are any signs of a placental abruption an immediate delivery, usually by caesarian (c-section), may be required to stop the dangerous bleeding in the mother and restore the vital supply of oxygen to the fetus.   Failure to promptly deliver the baby can result in permanent brain injury due to loss of oxygen (hypoxia).

Even partial separation of the placenta from the uterine wall can become hazardous in a matter of minutes. It is important that the medical staff that has put you in their care are capable of identifying causes and risk factors of placental abruption and promptly recognizing and treating placental abruption if it occurs.  Management of suspected placental abruption should include prompt assessment of both the mother and baby and includes careful monitoring of the mother’s blood pressure and bloodwork and constant monitoring for any irregularities in the fetal heart rate.

If your child suffered a brain injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Microcephaly Following Hypoxic Brain Injury at Birth

Posted on by Tom Yost

Microcephaly is a medical condition defined by a small head circumference. It is noticeable as a disproportionately small head for the size of the growing child. There are many different ways this condition can develop, including preventable brain injury at birth, which stunts the growth of the baby’s brain and skull.

Acquired microcephaly in very young children can be caused by lack of oxygen during birth. If signs of the baby suffering from hypoxia during labor and delivery were not promptly recognized by medical professionals and treated by earlier delivery, including emergency caesarian section, and neonatal intensive care unit (NICU) therapies, including cooling the infant to lower body temperature (therapeutic hypothermia), the lack of oxygen during labor and delivery can cause brain damage leading to microcephaly.

A complete physical examination is required to evaluate a child with possible microcephaly. It may take up to a few months to discover that your child has been harmed, as repeated skull measurements are taken every few months to determine a decreased rate of head growth and a below average head size.

Reduced head circumference and brain growth can severely impact your child’s development and quality of life.   If your child suffered a brain injury at birth, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

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