Milla

A state supreme court ruling will allow a Florida family to sidestep a state fund and sue the hospital and doctors they allege acted in negligence and caused their daughter to suffer serious birth injuries. If their lawsuit is successful, it could have a far reaching result on doctors’ liability in situations involving birth injuries in Florida.

On September 26, 2001, following a car accident that forced her mother into labor, Tristan Bennett was born via cesarean section and required resuscitation and oxygen before being put in a special care nursery. Only days later, Tristan stopped breathing and suffered a pulmonary hemorrhage as well as other kidney and liver problems.

Follow up tests determined that Tristan had suffered serious and permanent neurological damage. The Bennett family charged that the doctors performing the birth had given Tristan too much intravenous fluid and not tested for serum electrolyte derangements following the birth.

While they wanted to pursue a lawsuit against the hospital because the injury had occurred after the post-delivery period, they first had to get permission from a judge to avoid falling under the purview of a payout from the Florida Birth-Related Neurological Injury Compensation Association.

According to the Florida Birth injury Related Neurological Injury Compensation Association’s website, the program was created in 1988 to pay medical bills for children born with “certain neurological injuries” without the need for litigation.

The fund can be used to fund “actual expenses for necessary and reasonable care, services, drugs, equipment, facilities, and travel” that do not include expenses that can be compensated by state or federal governments/private insurers, a one-time cash award of no more than $100,000 to the parents/guardians of the child, a death $10,000 death benefit for the infant, or “reasonable expenses for filing the claim, including attorney’s fees.”

Following differing rulings from a Florida administrative law judge and the state First District Court of Appeal, the Florida Supreme Court ultimately ruled on July 7 that the family could proceed with a lawsuit against the doctors and hospital who performed the birth.

The decision has led to debate among medical experts and NICA over the long-term effects of future potential lawsuits regarding birth injuries. Regardless, it is good to hear that the Bennetts will have their day in court to hold the doctors/hospital liable for their errors.

If you or a loved one have given birth to a child with a birth injury, there may be legal action worth pursuing. Speak to an birth injury attorney at Sokolove Law today to learn more about any potential lawsuits you may be able to pursue.

Birth Injury

A doctor from Iowa has been found to by a jury to have improperly delivered a child that suffered birth injuries as a result, and he will now have to pay more than $1 million in damages as a result.

According to the Waterloo-based WCF Courier, a Black Hawk County jury ruled in favor of Alan and Larysa Asher, a Cedar Falls couple who had a child in November 2006 who was born with permanent injuries to the brachial plexus in her left arm, causing permanent damage.

The Ashers alleged that Dr. Anthony Onuigbo of OB-GYN Specialists – the doctor that delivered their daughter – did not properly realize that her shoulder had become stuck during the birthing process. After using “excessive traction” to remove the child, the injuries to her left arm were first noticed.

During the birth injury trial that followed, the Ashers’ lawyers argued (successfully) that Onuigbo should have properly noticed that the child’s arm was stuck and either tried to dislodge it before proceeding or perform a C-section.

Following the ruling in the Ashers’ favor, the family was awarded $1.37 million; including $63,000 for each parent for “loss of childhood consortium,” $550,000 for loss of future earnings, $380,000 for loss of the child’s full mind and body, and $258,000 for pain and suffering.

If the family of you or a loved one have a child with some type of birth injury that was caused by medical negligence, there may be legal action worth pursuing. Contact a birth injury attorney at Sokolove Law today to see what your legal options may be, and if a birth injury lawsuit may be a possibility.

Birth Injury

Amateur golfer Jason Faircloth is yet another example of an individual who has overcome a potentially crippling birth injury to excel at a physical activity that many assumed he would never be able to pursue.

The 32-year-old Faircloth, a resident of North Carolina, was born withcerebral palsy that affected his arms and legs and had doctors fearing that he would never be able to walk or talk. However, using various treatments and contraptions to exercise his muscles while also feeding his love of playing golf, Faircloth was able to develop his skills and become a scratch golfer.

The development of his golf skills culminated in his recent qualification for the Disabled British Open, which will take place August 15 in England. He is the first American to ever qualify for the event.

Karl Thurber, a golf pro at the country club that Faircloth plays at, said that while Fairchild could use his disabilities as an excuse for any shortcomings, he never has done so.

“Jason has always gone about his merry way as if he has no handicap,” Thurber said. “And he wants to make a difference in his life and in others’ lives. Sometimes people will use convenient excuses for their failures or inadequacies. Jason refuses to do that, not just in golf but in life. He faces the world.”

Jason Faircloth’s story is an inspirational one for any family who has a child dealing with a birth injury such as cerebral palsy. We wish him nothing but the best of luck in the tournament. If you or a loved one have a child who was born with cerebral palsy or other types of birth injury, there may be legal action worth pursuing. Contact Sokolove Law today and speak with one of our experienced birth injury attorneys.

Cerebral Palsy

Families with children who have suffered birth injuries such as cerebral palsy are always looking for the best types of treatments and medical care that is available to them in order. One method that has been found to be an effective treatment for children with spinal issues has been Lokomat robot-assisted walking therapy.

Lokomat robot-assisted walking therapy utilizes a harness that is suspended over a treadmill with robotic leg straps on it. The patient is attached to the harness and leg straps before a computer begins moving their legs on the treadmill at a controlled speed in a natural motion. The repetitive walking pattern has been found to help strengthen muscles, Improve circulation, and teach the brain walking motions.

A recent report from CBS’s New York television station profiled MacKenzie Maher, a young girl who was born with cerebral palsy that initially left her unable to walk. However, after working with doctors and using the Lokomat method in a clinical trial, she is now able to walk on her own.

“Like before I couldn’t even keep up with my family when I was walking. Now my mom says that I have to actually slow down,” MacKenzie said.

While MacKenzie was able to get her treatments funded through the Shriners, not everyone who could benefit from Lokomat therapies may be as fortunate. If you or a loved one have a child who suffered a birth injury and need money to fund medical expenses such as Lokomat therapy, contact a birth injury attorney at Sokolove Law today to learn if you may be able to pursue legal action.

Cerebral Palsy

The family of a 10-year girl who suffered birth injuries as the result of a botched birth process at a Maine hospital has won a $3 million lawsuitagainst a midwife who conducted the delivery.

Hannah Tilton was born with severe mental retardation, blindness, the inability to speak, and a reliance on both a wheelchair and feeding tubes. Many of the birth injuries she sustained were the result of a lack of oxygen she suffered during the delivery.

However, a fetal monitor that had been put in place to monitor Hannah’s oxygen and read that there was a problem went unnoticed by a midwife at the Central Maine Medical Center in Lewiston, ME where the birth took place.

A medical malpractice case ensued following the birth complications. On July 1, following four hours of deliberation, a jury found that the midwife had breached the standard of care by not properly recognizing the warning signs.

As a result, the Tilton family was awarded $500,000 for the permanent impairment and loss of enjoyment of life that Hannah faces for the rest of her life, $345,000 to cover past medical expenses, and $2.3 million for her future medical and health-care costs.

For children who suffer a birth injury during delivery, there are usually a number of expensive medical equipment they must purchase, and treatments they must undergo, in order to live a more comfortable life. If you or a loved one are struggling to afford the financial costs associated with caring for a child who suffered a birth injury, contact a birth injury attorney at Sokolove Law today to learn more about the legal options that are available.

Birth Injury

Now that one of the most dangerous and wanted men in the country has finally been captured after 16 years on the run, we can turn our attention to the real issue: was reputed mob boss James “Whitey” Bulger exposed to asbestos?

Although Bulger appears to be in great physical shape for an 81-year-old alleged murderer, his time in the Princess Eugenia Apartments in Santa Monica, California may have put him at risk for a number of serious and deadly asbestos related diseases such as mesothelioma and asbestos lung cancer. His life could be slowly coming to an end, and he wouldn’t even know it.

Because the Princess Eugenia Apartment complex was built in 1970, the peak year of asbestos use in the United States. More likely than not, Whitey Bulger’s apartment contained asbestos.

Fireproof and durable, the deadly mineral asbestos was added into countless products from the 1930s through the early 1980s, when it was largely phased out of use due to its connection with mesothelioma and other illnesses. Products such as roofing, plaster, paint, spackle, joint compound and many other common products likely contained asbestos.

If the asbestos contained in those products is left undisturbed, the risks of asbestos exposure are low. But once the materials are disturbed through such actions as sanding, drilling, cutting, or stashing ill-gotten gains, countless microscopic asbestos fibers can be released into the air where they can be inhaled or swallowed.

Whitey Bulger may have unintentionally put himself and his girlfriend Catherine Greig at risk of mesothelioma by cutting open his wall to make the safe which held his guns and cash.

The latency period between asbestos exposure and mesothelioma can be as long as 40 years, meaning Bulger could be at serious risk of developing mesothelioma around his 120th birthday.

Asbestos

Bradford Asbestos Victims Support Group fights odious new measure in Britain

Last week the British government revealed measures that could force personal injury claimants to pay legal costs previously paid by the defendant when found at fault. These measures come as part of the Legal Aid, Sentencing and Punishment of Offenders Bill which is the current government’s flagship justice bill.

This would mean that victims of asbestos who suffer from asbestos related diseases such as mesothelioma, asbestos lung cancer, asbestosis and other ailments, who have already lost their health, might also be on the hook for prohibitive legal fees.

“Mesothelioma sufferers endure pain and suffering and an untimely death because of the risks of exposure to asbestos they had to take. Now they are told that they must carry the risks of suing for compensation – isn’t the risk of losing their lives enough? Where is the justice in making dying asbestos victims bear the burden of legal costs on top of the pain and suffering, while rich and powerful insurance companies enjoy relief from costs which the losing party have, and should, rightly bear,” he said.

Mr Briton has lost many friends and colleagues to asbestos-related diseases such as mesothelioma cancer, a rare but aggressive cancer that is only known to be caused by exposure to asbestos fibers.

The government has proposed the changes to the legal system in order to reduce costs by reducing the number of people using the courts.

Mesothelioma

W.R. Grace Mesothelioma victims up in arms over asbestos-contaminated woodpiles

For the many hundreds of Libby, Montana asbestos victims who have died, become gravely ill, or have lost loved ones to the negligent and criminal actions of W.R. Grace, the latest news from the proud and rugged town is almost too much to bear.

According to an Associated Press investigation, the Environmental Protection Agency has known since 2008 that two large piles of woodchips on the edge of town might be contaminated with unknown levels of deadly tremolite asbestos, but kept the information quiet. They even allowed Libby residents to haul the material away by the truckload for use in city parks, cemeteries and playgrounds.

Although regulators are unsure about the exact levels of contamination, tests conducted in 2007 showed asbestos fibers on four out of 20 wood samples. While this might appear to be a relatively small sampling, any new asbestos exposure is deeply troublesome for the asbestos victims who have already lost so much to Grace’s folly.

W.R. Grace (of Cambridge, MA) bought the Zonolite vermiculite mine in Libby in the 1960s, and was fully aware that the vermiculite was contaminated with tremolite, a particularly dangerous form of asbestos. Exposure to tremolite asbestos can cause asbestos related diseases such as asbestosis, asbestos lung cancer and mesothelioma cancer. At its peak, the mines employed 200 townspeople, who worked in dirty, dusty conditions to mine the vermiculite, which was used for a popular insulation material.

Mine owners dismissed workers’ health concerns over the dust, calling it “nuisance dust” and allowing them to work without safety equipment. Workers carried the dust home, exposing family members to the deadly asbestos. Waste rock from the mines was doled out to townspeople and was used for fill in playgrounds, running tracks, baseball fields, yards and other home construction projects.

The dangers spread far beyond Libby. Zonolite was spread across the nation via a network of processing plants. A popular DIY pour-in insulation, Zonolite can still be found in an estimated 35 million homes across the country.

To date, hundreds of Libby residents have died and many more have become sick. It’s unknown how many have died nationwide from Libby asbestos. Grace was never prosecuted for their negligence.

“We thought we were coming to an end and now we have this issue all over again,” said Lerah Parker, who used truckloads on the material on her property.

It’s estimated that over 1,000 tons of the potentially dangerous material was used within Libby, and as much as 15,000 tons were sent outside of the town.

Montana U.S. Sen. Max Baucus said he would start his own inquiry into the use of the bark and wood chips.

“The people of Libby have already been poisoned in the name of greed and I won’t allow them to be poisoned again because of negligence,” said Baucus.

Any concerns about the danger of the piles was brushed off by the man making money from selling the material. Paul Rummelhart said he was “sick and tired of those (asbestos) victims” hampering the town’s economic revitalization. He said he intends to sell more of the material if given the chance.

Asbestos

In light of recent reports that there are bark and wood chip products that are contaminated with asbestos, yet being sold in Libby, Montana as well as many other areas, state Senator Max Baucus is stepping in to look for some answers.

The Associated Press recently reported that the Environmental Protection Agency has known for at least three years that wood chips that were contaminated with asbestos fibers had been used in yards, city parks, schools, and other public places throughout Libby. Despite the agency’s being aware that dangerous asbestos fibers were being placed throughout the city, they did not step in to stop its usage until the AP launched an investigation on the matter.

“We’ve made tremendous strides in the effort to help Libby heal with health care and environmental cleanup. But trust is essential to Libby’s ability to heal psychologically and economically,” Baucus said. “Now it appears EPA’s actions may have put that trust in jeopardy, so you can bet I’ll be holding EPA’s feet to the fire to find out exactly what they knew, when they knew it, and whether action is needed to ensure the safety of folks in Libby and across the country who were exposed to this bark.”

Baucus added that Libby’s residents had been “poisoned in the name of greed” and that he would work to pass along any safety information to the town residents and “move forward and create jobs with faith in the agencies and processes that are supposed to protect them.”

The town of Libby has become the synonymous with the increased risk of developing mesothelioma that asbestos exposure can pose. For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation.

Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

But how small is small?

This old advertisement from the infamous asbestos leader Johns-Manville shows how impossibly small asbestos fibers are: over 1500 of them bundled together are smaller than a human hair.

What is perhaps more astonishing then the relative size of asbestos fibers is the fact that their size was once a selling point for the global asbestos industry.

Asbestos