Growth In Reproductive Opportunities Carries With It Need For Re-Evaluation Of Current Tort Law Landscape.

A steady increase in technologies in recent decades has made childbirth far more accessible for those who cannot achieve procreation in the traditional sense. However, while better technology aims at creating solutions, it also can bring with it a host of new problems. When such a problem occurs, it may be wise to call an expert birth injury attorney for advice at 617-787-3700. These problems came to a head on March 4, 2018, when two facilities storing large amounts of genetic material failed due to human error, causing over 4,000 embryos to be deemed “unsalvageable,” and affecting over 950 families as a result. While this serves as just one illustration of the new issues arising in this field, it raises a larger and uniformly important question regarding the recourse available to those affected by such events.

As reported by Dov Fox, a law Professor at the University of San Diego, families have great difficulty convincing courts that they deserve damages as a result of reproductive mishandling. Much of the problem lies with attaching a monetary figure to either an unwanted pregnancy or a deprived pregnancy. However, as Fox argues, parenthood or freedom therefrom is a crucial aspect of self-definition that should be subject to careful legal analysis.

Fox argues that there are three distinct categories of reproductive torts (forcing an unwanted pregnancy, denying a wanted pregnancy, and altering plans for a child to  have certain genetic features) that should each give rise to a distinct cause of action under birth injury law. Fox suggests attaching a percentage for the actual extent to which human misconduct caused the reproductive loss (as opposed to other factors such as infertility) and, coupled with an assessment of the practical damage to the lives of the affected, determining a monetary figure based on that percentage. While there is still a long way to go in developing adequate remedies for these types of situations, Fox’s proposed framework is a start, and may one day be seen as a catalyst in the development of tort law in the reproductive context.

If you or a loved one has been deprived of or had forced upon you a pregnancy due to medical negligence, you may be entitled to monetary damages. To discuss a potential claim for reproductive negligence, please contact one of our medical malpractice expert attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Call us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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Swedish Study Shows Strong Connection Between Birth Injury And Mental Health Issues In Teens.

There has been a new study released in Sweden that shows that children from a birth injury known as brachial plexus (“BPBJ”) are more likely to suffer from mental health problems as teenagers. BPBJ is a condition that affects nerve endings; it is often caused by the arms being damaged at birth. There is a wide discrepancy in damage and severity in these cases. But in the most severe cases, the child will not have any ability to move an entire arm.

This Swedish study reportedly utilized a national register data, which allowed for researchers from Lund University in Sweden to track more than 600,000 children born between the years of 1987-1993. While ultimately only a fraction of a percentage of those children born during that time, 1,600 had BPBJ. It was a common occurrence during the research to find a substantially higher use of medication for mental health among those children born with BPBJ than those born healthy.

The mental conditions associated with BPBJ can worsen, based on many different factors, but the two most relevant factors are apparently gender and wealth. Females who are born into a lower class and suffer from brachial plexus are at the greatest risk of developing poor mental health. While females, in general, often developed mental health problems at a higher rate than males, the same can be said for those born into lower income families as compared with higher income families.

If you, a loved one or a child has suffered substantial injuries during birth or shortly after, you may be entitled to just and fair compensation. Please contact one of our expert birth injury attorneys, who have decades of experience fighting for our Massachusetts clients, either by phone at 617-787-3700 or by email at info@gilhoylaw.com. A personal injury attorney here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates will be available 24/7 to discuss what your legal options are in a free and confidential consultation. Your needs are our top priority!

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8 Year-Old Irish Boy Settles Lawsuit Though Mediation For €5 Million For Injuries Suffered At Birth.

An 8 year-old boy, born in Ireland, was diagnosed with cerebral palsy at a young age. He later sued the Health Service Executive (“HSE”) based on the decisions and procedures that were used during his birth at the Sligo General Hospital in 2009. The case filed on behalf of Kyle Carpenter, through his mother, Lisa Kiely, was settled recently during a mediation period in which the High Court of Ireland awarded him €5 million.

It was alleged that Ms. Kiely went into the Sligo General Hospital on May 1, 2009 complaining of pain. After receiving a CTG and having other tests run, medical profession also reportedly reassured her that everything was normal before discharging her. Ms. Kiely further claimed that she was continuing to have pain the next day and could feel Kule kicking. On May 3, 2009, Ms. Kiely woke up feeling no pain but she also could not feel any movement.

She then went back to the hospital, where doctors advised her that the heartbeat of her baby was high but that there was nothing to worry about. The doctors also noted that although there was a heartbeat at 2:10 p.m., they were not recording any fetal movements. It wasn’t for another hour, however, that they decided to perform a cesarean section. It was alleged that the failure by the medical professionals to perform the cesarean section earlier is what led to the boy’s disability. While the HSE admitted, during mediation, that failing to deliver Kyle when they first noticed no movement was a breach, they denied all other claims.

If you, a loved one or a child has suffered substantial injuries during birth or shortly after, you may be entitled to just and fair compensation. Please contact one of our expert Boston, MA birth injury attorney, who have decades of experience fighting for our Massachusetts clients at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates by phone at 617-787-3700 or by email at info@gilhoylaw.com for your free and confidential consultation. Your needs are our top priority!

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