Articles Posted in Birth Injuries

Infant torticollis is a condition in which the neck alignment of a newborn baby is abnormally twisted, forcing the chin to point upward while the head tilts to one side.  This condition is sometimes referred to as “loxia” or “wryneck.”

Torticollis is most frequently caused by physical trauma during childbirth.  Approximately 1 out of every 250 babies born in the U.S. are affected by infant torticollis.

Many believe that torticollis is an injury that stems from a difficult delivery — which is often avoidable if the doctor meets the standard of care — that is also responsible for the brachial plexus palsy.

I stumbled across a just brutal 9th Circuit opinion in S.H. v. United States earlier this year. This case reversed a $10 million verdict in a birth injury case, finding that the foreign country exception bars plaintiffs’ Federal Tort Claims Act (“FTCA”) malpractice claims against the military doctors who treated the mother and child.

Facts of S.H. v. United States

A U.S. Air Force Master Sergeant is transferred to Spain.  I don’t know if he wanted to go to Spain, but it does not really matter, right? He was ordered to go to Spain. Before leaving for Spain, they go to Andrews Air Force Base so the military can verify that the family is medically suitable to travel overseas.  At Andrews, he and his wife learn they are pregnant with their third child.  She had experienced two prior preterm deliveries and a miscarriage in the past.

The Maryland Court of Special Appeals affirmed this week a $4.1 million verdict (reduced to $3.6 million by the cap) in a medical malpractice, birth injury case against the University of Maryland Hospital in Baltimore City.

No one would disagree that the facts are tragic. The plaintiff, now a second-grader, was born at 26 weeks of pregnancy. While the child has made unbelievable strides in recent years – and will continue to with God’s Grace – he still cannot run. His current IQ is in the 80s. Doctors at the trial testified that he will likely be a “disabled worker” when he reaches 18, making his job prospects poor. It is an awful thing. Hopefully, his recovery continues to push him forward, and he proves these predictions wrong (I realize I said this already). Continue reading