Fatal Birth Injury

Published on: June 29, 2024

Court finds issues with fetal monitoring prior to stillbirth. Harwood v. Halfon, 2023 N.Y. Slip Op. 30187 (N.Y. Sup. Ct. 2023)

by Stephen Bilkis

In Harwood v. Halfon, 2023 N.Y. Slip Op. 30187 (N.Y. Sup. Ct. 2023), the plaintiff filed a medical malpractice case The New York Presbyterian Hospital and two of its doctors related to the care provided during a pregnancy that tragically ended in a stillbirth. The plaintiff asserted that negligent actions and decisions by the medical staff led directly to the loss of their baby.

Background Facts

Annette Harwood, a 31-year-old who had previously suffered a miscarriage, began prenatal care under Dr. Perera in January 2019. Her pregnancy was closely monitored through several sonograms showing normal fetal development. On July 30, 2019, a sonogram revealed a breech presentation. On August 5, Dr. Perera attempted an external cephalic version (ECV) to correct the fetus’s position, which was unsuccessful.

Published on: June 27, 2024

Malpractice case focuses on mismanaged high-risk pregnancy. In re Brea E. 2019 N.Y. Slip Op. 50662 (N.Y. Fam. Ct. 2019)

by Stephen Bilkis

Losing a newborn baby is an unimaginably devastating experience for any parent. It brings profound grief and a sense of loss that can impact emotional well-being and disrupt the natural process of bonding and joy anticipated with the arrival of a child, often leaving lasting psychological scars. In re Brea E. 2019 N.Y. Slip Op. 50662 (N.Y. Fam. Ct. 2019) is a medical malpractice case involving the tragic death of a newborn only three days after birth, the complexities of managing a high-risk pregnancy come to the forefront.

A pregnancy is considered high-risk when potential complications could affect the mother, the baby, or both. Factors that contribute to a high-risk pregnancy include advanced maternal age (typically over 35), pre-existing health conditions like hypertension, diabetes, or autoimmune disorders, and pregnancy-specific conditions such as preeclampsia or gestational diabetes. Additionally, obesity, a history of pregnancy losses, multiple pregnancies (such as twins or triplets), and problems in previous pregnancies like preterm labor can also elevate risk. These factors necessitate closer monitoring and management to ensure the health and safety of both mother and child throughout the pregnancy and delivery. If a healthcare provide fails to follow protocols and accepted medical practice in managing a high-risk pregnancy and as a result the baby or the mother suffers a serious injury, the healthcare provider may be liable.

Background Facts

Published on: September 28, 2011

Prozac birth defects now include PPH

by Stephen Bilkis

It was revealed today that new studies are showing a strong link to the drug Prozac and persistent pulmonary hypertension (PPHN) in newborns.

“PPHN does not allow newborns to get enough oxygen,” claims one Manhattan Birth Injury Lawyer. “In a medical journal this disorder is sadly described by one doctor, ‘Subsequently, with the loss of placental gas exchange and the inability to increase pulmonary blood flow, arterial oxygen tension falls to very low levels. If this situation is not reversed, the infant may die of severe hypoxemia.’ Women need to be aware of this risk before taking Prozac.” He added.

From the study it appears that babies born to mothers who took antidepressants like Prozac 20 weeks or later in their pregnancy were more than five times as likely to develop the condition than babies born to mothers who had not taken anti-depressants during their pregnancy. Hospitals in Nassau and Suffolk Counties are very aware of these situations.

Published on: September 21, 2011

Non-profit Consumer Advocacy group pushes to update the Toxic Substances Control Act of 1976

by Stephen Bilkis

NY Birth Injury Lawyers have been examining the work of a non-profit’s group to pass what they call the “Kids-safe Chemical Act,” which hopes to be a major upgrade to the original Toxic Substances Control Act of 1976.

“Basically this group says there is a strong link between pollution and diseases in our population including lung cancer, infertility and birth defects,” said on NY Birth Injury Lawyer. “Current law does not force chemical companies to prove a chemical is safe before it ends up in children’s toys and products.”

He went on to explain that the Toxic Substances Control Act has not been amended since 1976 and has been recently called the weakest of all major environmental laws on the books today.