Understanding Birth Injury and Infant Paralysis

A child’s birth is usually one of the most joyful moments of their parents’ lives. However, when medical negligence or reckless actions lead to birth injuries, that joy can quickly give way to heartache, medical challenges, and complex legal questions. 

Birth injuries can have devastating, lifelong impacts on a child and their family. One of the most severe outcomes of a birth injury is paralysis. This condition may involve injuries to the spinal cord, nerves, or brain, causing varying degrees of motor function impairment. Paralysis can result in profound physical, emotional, and financial challenges for the child and their family.

As experienced birth injury lawyers in West Virginia, we at Manchin Injury Law Group provide compassionate, knowledgeable legal representation to families whose children suffered paralysis injuries during childbirth due to medical mistakes or malpractice. We can help you hold the healthcare providers responsible for these injuries accountable and fight for full and fair compensation. Call us today at (304) 367-1862 or contact us online. 

What is Birth Paralysis?

Birth paralysis is when a newborn cannot initiate voluntary movement of a muscle or group of muscles. This loss of control or strength happens when the nerves linking the brain to these body parts are damaged or disrupted. When this connection is impaired, the muscles do not receive the brain’s signals needed for movement. 

Different Types of Paralysis

Paralysis can manifest in different ways. In cases of partial paralysis, the baby retains some muscle control, while complete paralysis results in a muscle or muscle group becoming entirely immobile. Flaccid paralysis causes muscles to become weak, flabby, and shrunken. Another type, spastic paralysis, results in muscles that are tense and contract involuntarily. Each type of paralysis may be temporary or permanent.

The nature of the paralysis also depends on the muscles affected, with five distinct types: 

• Monoplegia– where only one area, like an arm or leg, is impacted, while the rest of the body functions normally. Monoplegia often results from birth-related brain or nerve damage.
• Hemiplegia– where one entire side of the body is affected. A newborn with hemiplegia may struggle to move one arm and leg, often progressing to complete paralysis over time. 
• Diplegia– a condition that involves symmetrical paralysis on both sides of the body, often affecting limbs or facial muscles. 
• Paraplegia– a condition where both legs and sometimes the trunk are affected, usually with sensation and movement loss below the waist. Recovery is rare without treatment, but physical therapy can improve function by retraining the brain. Spinal cord damage is a leading cause, though brain damage from oxygen deprivation may also contribute.
• Quadriplegia–paralysis in all four limbs, sometimes extending from the neck down. Although physical therapy can improve some functions, recovery is often limited. Causes include severe spinal cord or brain injuries, and the condition is frequently permanent.

Common Causes of Birth-Related Paralysis

Many factors, including genetic conditions, can cause birth-related paralysis. However, some conditions may also be caused by medical trauma, negligence, or recklessness during the birth process. Factors for birth-related paralysis under these circumstances may include: 

• Prolonged Labor. Extended labor increases the risk of oxygen deprivation, which can cause brain injuries that can give rise to paralysis. Prolonged labor is typically defined as 18 to 24 hours after regular contractions begin for a single child or 16 hours after regular contractions for twins. The danger is greatest if labor is prolonged after the cervix is fully dilated. 
• Improper Use of Delivery Tools. Excessive or improper use of forceps or vacuum extraction tools can injure delicate areas like the spine or the brachial plexus, the network of nerves in the shoulder that connects the spine to the arm or hand. Faulty tool use may also cause temporary or permanent facial paralysis in infants.
• Failure to Monitor Fetal Heart Rate. A weak fetal heart rate can indicate that the baby isn’t receiving enough oxygen to the brain. The doctor needs to regularly monitor both the mother’s and baby’s heart rates to help ensure that oxygen deprivation is not an issue.
• Delayed Emergency Response. If an emergency C-section is delayed, the baby may suffer prolonged oxygen deprivation, increasing the risk of brain damage and subsequent paralysis. If the medical care provider negligently failed to conduct a C-section when necessary and the baby was injured as a result, the provider may be legally responsible. 
• Infection. Babies can develop infections while in the mother’s uterus or during delivery. If not treated promptly, the damage to the child can range anywhere from a minor cold to paralysis. 

If any of these circumstances were present in your child’s delivery, you may be eligible to pursue a legal claim against the medical professionals responsible.

Common Forms of Paralysis Caused by Medical Mistakes

Errors in medical care before, during, or shortly after birth can cause various types of birth injuries. Some common birth injuries include:

• Cerebral Palsy. This condition, which can lead to partial or complete paralysis, can result from oxygen deprivation during birth, a healthcare provider’s failure to diagnose health problems that give rise to Cerebral Palsy, or untreated illnesses in a baby. While symptoms and severity vary from person to person, Cerebral Palsy affects balance, movement, muscle tone, and motor skills. It tends to result in lifelong mobility and development challenges.
• Erb’s Palsy. This condition arises from brachial plexus injuries, often due to excessive pulling during delivery, which can damage the nerves controlling the arm and shoulder. Erb’s Palsy may cause weakness or total loss of movement in the affected arm.
• Spinal Cord Injuries. These severe injuries, which may result from improper use of forceps or vacuum extraction, can lead to paraplegia or quadriplegia. Spinal cord injuries are among the most serious forms of paralysis, as they can impair mobility and require extensive, ongoing care.

It’s important to keep in mind that even if a child may have suffered the injury at birth, even if they are diagnosed with the illness months or even years later. 

Why File a Birth Injury Lawsuit?

If your child has been paralyzed during childbirth due to a doctor’s negligence, filing a lawsuit is a critical step in seeking justice and securing the resources your child will need to have a secure future. A lawsuit can help relieve the financial burden of these expenses, ensuring your family has access to the best possible support.

In birth injury cases involving paralysis, you might be entitled to compensation for:

• Medical Expenses. You may be entitled to past and future medical care, such as surgeries, medications, physical therapy, and any other necessary treatments. Caring for a child who is partially or completely paralyzed often involves significant expenses, many of which continue throughout their life. Medical treatment is essential and may include regular doctor visits, surgeries, medications, and consultations with specialists like neurologists and orthopedic experts. 
• Rehabilitation and Therapy Costs

Paralysis often necessitates a lifetime of rehabilitation and specialized therapies. Physical therapy, occupational therapy, and sometimes speech therapy are also crucial for helping the child build as much strength and independence as possible. These therapies are often ongoing and costly, especially if they’re not fully covered by insurance. Compensation should account for these ongoing needs.

• Home Modifications and Assistive Devices. Depending on the level of paralysis, your child may need wheelchairs, walkers, braces, or other mobility aids, as well as specialized furniture, beds, and bathing equipment to ensure safety at home. For many families, making home modifications like adding ramps, widening doorways, and installing accessible bathrooms becomes necessary to create a supportive environment. Some families also require in-home nursing or caregiving support, particularly if the child’s needs are complex or require medical supervision. Fair compensation can ensure that your child is equipped for your child’s needs.
• Educational support. To address unique challenges, your child may need a specialized learning plan, adaptive tools, or even private schooling. Damages may include compensation that covers these costs. 
• Pain and Suffering. Your family may also be eligible to receive non-economic damages. Beyond the physical limitations, paralysis can impact a child’s overall quality of life. Pain and suffering damages recognize the emotional toll on both the child and their family.
• Lost Earning Potential

If paralysis significantly limits your child’s ability to work in the future, compensation should reflect this anticipated financial loss.

How the Manchin Injury Law Group Can Help

The experienced birth injury lawyers at Manchin Injury Law Group are dedicated to helping you evaluate, investigate, and file your lawsuit and fight for the full and fair compensation your family deserves. Among other things, we can:

• Investigate Medical Procedures and Standards. Using our knowledge of medical protocols, we will analyze whether proper procedures were followed during labor and delivery. This step is essential to proving that negligence or substandard care directly led to your child’s paralysis.
• Gather Evidence. We will examine all medical records to evaluate the circumstances of your child’s birth. We’ll talk to witnesses and work with leading medical experts who specialize in birth injuries. Their testimonies often provide critical insight into how the injury occurred and whether medical negligence was a factor.
• File the Lawsuit. We will take care of filing the necessary paperwork, meeting legal deadlines, and advocating for your rights so you can focus on your child’s well-being.
• Determine Future Care Needs and Calculate Damages. A child with paralysis may require lifelong care, including surgeries, therapies, and specialized equipment. We work with life-care planners and economists to calculate the full extent of current and future expenses, ensuring that the compensation sought will cover these essential needs.
• Negotiate with Insurance Companies. We understand insurance companies’ tactics, and we’ll work to secure the maximum settlement possible for your child’s needs and your family’s peace of mind.

What’s the Legal Process Timeline for Birth Injury Cases?

Our process begins with a free initial consultation, where we discuss your case, review available medical records, and provide an honest assessment of your legal options. 

If your case appears to have legal standing, we’ll move into the evidence-gathering phase, where our dedicated team will collect extensive documentation to support your claim. This work includes obtaining relevant medical records, expert opinions, and witness testimonies crucial for building a strong case. We’ll collaborate with medical and financial experts to ensure that all potential costs associated with your child’s injury are meticulously accounted for, addressing both immediate and long-term needs.

Next, we’re likely to shift our focus to settlement negotiations. Many birth injury cases are settled out of court, and our firm leverages its experience and negotiation skills to secure a fair and comprehensive settlement that meets your child’s unique needs. 

That said, if we are unable to reach a satisfactory settlement, we are fully prepared to take your case to trial. With extensive trial experience, our attorneys will present a compelling case in court, advocating fiercely for your rights and seeking the best possible outcome for you and your child. Throughout this entire process, you can trust us to support you every step of the way.

Why Choose Manchin Injury Law Group?

Choosing the right legal representation is crucial when navigating the complexities of birth injury cases. This area of law is highly complex, requiring an in-depth understanding of both legal and medical intricacies. At Manchin Law Group, we have a proven track record of success, helping families secure the resources they need for their child’s medical care, rehabilitation, and quality of life.

In addition to our expertise, we can reassure you of our compassion and support. We recognize that this is one of the most challenging experiences a family can go through. Our team is here to listen, support, and guide you through each step of the legal process with empathy and sensitivity.

Contact Manchin Injury Law Group for a Free Case Evaluation

If your child has suffered a birth injury resulting in paralysis, it’s crucial to seek legal advice as soon as possible. At Manchin Injury Law Group, we are committed to helping you understand your rights, explore your options, and fight tirelessly to ensure your family receives the justice and compensation you deserve. Call today for a free and nonobligatory consultation with a West Virginia birth injury lawyer.

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Talk to our Fairmont lawyers about your personal injury or wrongful death claim today by contacting us online, or by calling us at (304) 367-1862.

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