Illinois Nerve Damage Attorney
Labor and delivery trauma usually causes facial and shoulder paralysis, a condition also known as Erb’s palsy. Newborns are very fragile. They do not weigh much more than a two-liter bottle of soda. As a result, an ill-advised push or pull during delivery could rip the brachial plexus nerves away from the spine. If that happens, the baby usually suffers permanent paralysis. That could mean providing a lifetime of constant care. The economic losses in these situations are hard to imagine. The emotional distress and noneconomic losses are even harder to imagine. Making matters worse, infant nerve damage injuries are usually preventable, as outlined below.
The experienced Illinois nerve damage attorneys at Wais, Vogelstein, Forman, Koch & Norman routinely handle these matters on a nationwide basis. Because of this vast experience, we have developed proven methods which obtain life-changing results for the families we represent. Every child deserves an equal chance to succeed in life. Paralyzed children have a natural physical disadvantage. But they have advantages in other areas. We help ensure that one of these areas is the financial resources these families need to live life to the fullest.
What Causes Infant Nerve Damage in Illinois?
Delivery trauma almost always causes these injuries. When emergencies happen, doctors only have a few minutes to deliver babies before they suffer permanent brain damage. Like many of us, some doctors only see the immediate result, which is delivering a baby with a healthy brain. They do not see the long-term consequences of facial paralysis.
Certain risk factors, such as prematurity, increase the chances of a birth injury. Dangerous delivery birth aids increase the chances even further. Forceps are a good example. These surgical instruments, which resemble huge pairs of salad tongs, have been within a doctor’s reach for centuries. They have caused serious birth injuries all this time, yet their use continues.
Typically, the doctor grasps the infant’s head with the forceps’ pincers. Then the doctor tries to pry the baby out of the mother’s womb. This procedure sounds barbaric, and frankly it is barbaric.
As mentioned, a tiny amount of force could cause a nerve injury. Imagine the risk an extreme amount of force presents to a vulnerable newborn.
Damages Available
We mentioned the losses that families sustain in these cases above. The lifelong medical bills in a spine injury case could exceed $5 million. Compensation is available for these losses. Victims should have the resources they need to pay these expenses. They shouldn’t have to rely on charitable handouts or government largesse.
Emotional distress and other noneconomic losses are difficult to calculate. As a starting point for settlement negotiations, most Chicago nerve damage attorneys multiply the economic losses by two, three, or four. The multiplier depends on the proof in the case and a few other factors. Victims deserve this compensation because the baby’s injury was not their fault. Essentially, they trusted the doctor to do the right thing, and the doctor betrayed that trust.
For this reason, additional punitive damages are available as well, if there is clear and convincing evidence that the tortfeasor (negligent party) deliberately ignored a known risk. The risk factors of a birth injury are usually obvious. So, it is often easy to establish the elements of a punitive damages claim.
Reach out to a Savvy Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced nerve damage attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.
