FDA Changes Guide to Morning-After Pill

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Changes in consumer guide creates an uproar

FDA Changes Guide to Morning-After Pill and Has Not Released Official Statement

Earlier this week, the US Food and Drug Administration quietly updated its consumer guide to the morning-after pill. By updating, we mean removing a critical statement from their consumer guide. The explanation that the morning-after pill and the copper IUD can prohibit an egg from implanting in the womb after fertilization has been removed. The FDA has yet to make an announcement regarding the changes.

The revised consumer guide has created uproar with a number of activist and religious groups. Politicians have determined any termination of a fertilized egg to be an abortion. With the clause disappearing from the consumer guide, abortion debates are on the rise. Scientific evidence does not officially conclude if the morning-after pill prevents a fertilized egg from attaching to the uterus.

The FDA removed the clause after a recent rebate sparked by a New York Times article. It turns out that the politically charged debate over morning-after pills and abortion, a divisive issue in this election year, is probably rooted in outdated or incorrect scientific guesses about how the pills work, reported Pam Belluck from the New York Times. Studies have not established that emergency contraceptive pills prevent fertilized eggs from implanting in the womb,” she said, citing leading scientists. “Rather, the pills delay ovulation, the release of eggs from ovaries that occurs before eggs are fertilized, and some pills also thicken cervical mucus so sperm have trouble swimming.

Kristen Moore, president of nonprofit advocacy group Reproductive Health Technologies Project suggests the FDA only included the statement originally to cover their bases. If you look at any drug label, there’s a lot of speculation. It could work this way or it could work that way, she states. As there are legitimate questions concerning how the pill first worked in the late nineties, Kristen’s statement is accurate.

Consumers are waiting on an announcement from the FDA to officially declare that the morning-after pill cannot be scientifically proven to prohibit implantation.

The FDA has not commented on the changes. Unless there is medical evidence supporting statements that the morning after pill does not hinder implantation Kristen Moore speculates that pro-lifers will continue to view the pill as potentially abortive.

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Rainy Weather Contributes to Vehicle Accidents

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Keep yourself safe during this wet condition

 

Washington State has experienced a rainy start to this summer 2012. Rain is in the forecast for this weekend, but how will this affect you? We took a look at statistics from the US Department of Transportation Federal Highway Administration and have determined some of the leading factors in accidents, most being weather-related.

Elements contributing to accidents:

Weather:

Approximately 6,301,000 vehicle accidents each year. Approximately 24% of these crashes are weather-related.

Annual Injury and Fatality Statistics

  1. Wet Pavement – Approx. 507,900 injuries and 5,500 fatalities
  2. Rain – Approx. 330,200 injuries and 3,300 fatalities
  3. Snow/Sleet – Approx. 70,900 injuries and 870 fatalities
  4. Ice – Approx. 62,700 injuries and 680 fatalities
  5. Slushy Pavement – Approx. 47,700 injuries and 620 fatalities
  6. Fog – Approx. 15,600 injuries and 600 fatalities

Wet Pavement:

Rain, sleet, snow, ice and slush are all factors contributing to slick or wet pavement. Approximately 5,500 deaths occur each year from wet pavement related accidents.

Slick Roads:

On average, 7,130 deaths and 629,000 injuries occur each year from slick road conditions. In wet road conditions it can take 10% to 25% longer to stop than in regular dry conditions due to lack of pavement friction.

Road Debris:

Wind-blown debris, flooding, and fog are all contributing factors to poor road visibility.

Driving on rainy roads is inevitable in Washington State so make sure to use extra caution and allow plenty of space between your vehicle and the next so you are able to stop before a collision occurs. Reduce your traveling speed during hazardous weather and always make sure your tires are properly maintained.

At 1,511,200 crashes, 629,300 injuries and 7,130 fatalities occurring annually weather poses a prominent safety risk.

Phillips Law Firm wants you to be as safe as possible on the roads. For more road safety tips, please check out the best practices for road weather management.

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Congratulations to the New Graduates: Legal Risks for Your Graduation Party

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Keeping safe during this change in your life

 

Phillips Law Firm would like to congratulate all the new graduates of 2012! With celebrations and family gatherings on the rise this June it is important to be on the lookout for drunk drivers, and to learn about the potential legal risks associated with hosting a graduation party.

Don’t Serve Alcohol to Minors:

If you serve alcohol to minors you could be the subject of criminal prosecution, including negligence. The minor involved and their parents can pursue claims against you. Even if you are trying to be a great host, never put yourself at this legal risk. RCW 66.44.270 states, “It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.” The penalties include a fine of up to $5,000 and one year in jail.

Social Host Liability Law:

If your guests are clearly intoxicated and injure a third party either on or off your premises you are considered liable for the injuries they have caused. For further clarification please read about the social host liability law in Washington State here.

Hazardous Conditions at Your Party:

Make sure you do not have unsafe steps, a broken deck, electrical problems or any other maintenance problem on your property before you host. If a guest trips on exposed wires for example, you may face a civil lawsuit if you have not taken reasonable precautions to avoid injuring others. If there is an area that poses threat to your guests you must clearly label the area “danger zone” to avoid claims against you.

Homeowners’ Insurance:

Make sure you have proper insurance that is current and has adequate policy limits. If a guest is injured while you are hosting a graduation party you want to make sure you are covered.

Strict Law Enforcement:

Law enforcement agencies throughout Washington say that many DUI arrests follow some form of house party. With graduation parties on the rise, law enforcement agencies plan to remain strict on alcoholic related law offenses. Stay safe graduates and families and good luck in your future endeavors.

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Flashing High Beams Now Illegal

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It is illegal to flash your high beams at oncoming drivers for any reason

RCW 46.37.230

(1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in RCW 46.37.020, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (2) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in RCW 46.37.220(2) shall be deemed to avoid glare at all times, regardless of road contour and loading. (3) Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in RCW 46.37.220(1). [1963 c 154 § 17; 1961 c 12 § 46.37.230. Prior: 1955 c 269 § 23; prior: 1947 c 267 § 5, part; Rem. Supp. 1947 § 6360-25a, part; RCW 46.40.140, part; 1933 c 156 § 3, part; 1929 c 178 § 5, part; 1927 c 309 § 22, part; RRS § 6362-22, part.] In summary, Washington law prohibits flashing one’s high beams within 400 feet of another vehicle, including using the beams to signal for any reason. Flashing high beams can have contradictory meanings and confuse other drivers even though your intentions may be harmless and misinterpretation of the flashing driver’s intent can cause accidental crashes. In many other states high beams can be used to request a slow driver to pull over to allow passing. Use of high beams for the purpose is also illegal in Washington State.

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Drowning is Second Leading Cause of Death for Minors

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Keeping your children safe over the summer

In Washington State drowning is the second leading cause of injury or death for children under age 17 according to the Red Cross. With Memorial Day approaching, parties, barbecues and gatherings near the pool are inevitable (with weather permitting) and two-thirds of all drowning deaths occur in the summer between May and August. It is important to understand the risks of your children playing by the pool. Phillips Law Firm has a few tips for you on how to stay safe near the pool.

Don’t allow running on the pool deck:

When slick concrete is covered in moisture the chances of someone slipping and falling increase drastically. A fall in these slick conditions can result in fractures, or severe head injuries. In some cases children can accidentally slip and fall into the pool unnoticed, resulting in accidental drowning.

Watch your children at all times:

This might sound like obvious advice but it is all too easy to become distracted when visiting with loved ones. In 75% of drowning cases children were missing from their parent or care givers sight for five minutes or less.

Stay in the pool with children under 5 years old:

Even if you believe your child is a strong swimmer it is important to be physically present in the pool with them. 76% of minors who drown are five years of age or younger. Parents may often let their children play in the pool alone because they are wearing “floaties” or lifejackets but these devices are not 100% reliable.

Don’t rely on the lifeguard to prevent drowning:

19% of drowning deaths involving children occur in public pools with certified lifeguards present. In Washington State it is possible to become a certified lifeguard or swimming instructor as young as 15 years old. While it is necessary to pass a certification course to become a lifeguard, many have never responded to an emergency situation before. Lifeguards have many people to monitor and are susceptible to error. Your best option to ensure safety is to keep an eye on your own children.

Evacuate the pool if there is bad weather:

Washington State weather could hardly be considered a stable variable. If thunder or lightening occurs make sure to evacuate the pool and the wet pool deck. According to the National Lightning Safety Institute, make sure to wait thirty minutes until the last thunder is heard to resume activities near or in the pool.

Seek medical attention immediately after an accident:

It is crucial to call 911 immediately after an accident. 92% of surviving children are discovered two minutes following submersion. Lack of oxygen to the brain for any prolonged period of time can leave a child with severe brain injury. 86% of children requiring cardiopulmonary resuscitation (CPR) after an accident die.

Have you lost a loved one in a drowning accident?

At Phillips Law Firm our personal injury and wrongful death attorneys are dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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Who is Liable in Your Dog Bite Case?

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Knowing your rights and getting help with Phillips Law Firm

In Washington State, the animal owner may be strictly liable for their dog’s actions. Harboring dangerous and aggressive pets, specifically dogs, can land animal owners in trouble. If an owner is aware that their dog has bitten or injured someone or something before and are capable of doing it again they can be considered liable for their dog’s actions.

Dogs lacking an aggressive history fall under the “one-bite rule“. The owner would only be considered liable if the dog attack was due to negligence.

As far as the common law is concerned, dogs are usually regarded as harmless and in order to recover “it must be shown that the defendant knew, or had reason to know, of a dangerous propensity in the one animal in question.” W. Prosser, Handbook of the Law of Torts § 76, at 500 (4th ed. 1971). Accord,Johnston v. Ohls, supra at 404.

Dogs must be on a leash in public and be fenced in the owner’s property securely. When a dangerous dog is not properly restrained animal bite accidents can occur. To prevent dog attacks, Washington dog bite laws now include strict liability of the animal owner. This means if a dog bites any person on either public or private properly, the owner is liable for damages incurred by the victim.

Section 16.08.040:”The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”

What if the attack happened on an apartment complex? Landlords are protected from dog bite liability in Washington State. A landlord can only be held liable for a dog bite if they are the owner or keeper of the animal in question.

The rule in Washington is that the owner, keeper, or harborer of a dangerous or vicious animal is liable; the landlord of the owner, keeper, or harborer is not. Clemmons v. Fidler, 58 Wn. App. 32, 35-36, 791 P.2d 257, review denied, 115 Wn.2d 1019, 802 P.2d 125 (1990); Markwood v. McBroom, 110 Wash. 208, 211-12, 188 P. 521 (1920); Shafer v. Beyers, 26 Wn. App. 442, 446-47, 613 P.2d 554, review denied, 94 Wn.2d 1018 (1980).

If there is a seemingly dangerous dog in your neighborhood it might be a good idea to talk to the pet owner to prevent an attack. While this action may seem silly or aggressive, you cannot assume the owner is aware of the problem. Calmly and respectfully express your concerns or fears; maybe even bring another neighbor to the meeting to confirm community concerns. Your neighbor may have the same concerns as you but have not looked into arrangements of finding a more appropriate home for their pet because they have been ignorant of the situation up until your meeting. Your neighbor’s response might be confrontational but always remember never threaten or intimidate them in return. While your meeting may be uncomfortable, it may put you at ease knowing you have taken appropriate action to protect your neighborhood.

If you or a loved one has been bitten by a dog, please contact Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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Tylenol Vs. Ibuprofen

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Which should you choose?

You may have heard many warnings lately about Tylenol being “dangerous” because of acetaminophen. Tylenol and Ibuprofen are both pain relievers and fever reducers. The primary difference is that Tylenol contains the ingredient acetaminophen, which has been found by the FDA to cause liver damage in the event of an accidental overdose. Ibuprofen reduces inflammation and swelling while Tylenol does not. Which medication you choose should be dependent on your symptoms and should be a decision in agreement between you and your primary care physician.

Initially, Tylenol does have a benefit over Ibuprofen; it does not need to be taken with food. If you are on-the-go and you need pain relief quickly this may be a great option for you. Generally Ibuprofen should be taken with food because it can be irritating to the stomach.

When choosing a quick pain reliever like Tylenol, it is important to remember that accidental acetaminophen poisoning is the leading cause of Tylenol deaths and injuries. If you have suffered alcohol abuse or prior illness may be more susceptible to damage from acetaminophen than the average person. To avoid an accidental overdose it is important to follow the exact dosage on the bottle, for example, never estimating liquid Tylenol measurements with a spoon. Keeping accurate account for how much acetaminophen you have consumed is crucial. Make sure to never combine Tylenol with one of the following over-the-counter medications, as this can put you at risk for an accidentally fatal acetaminophen poisoning, which can result in liver damage or failure.

  • Actifed
  • Alka-Seltzer Plus
  • Benadryl
  • Excedrin
  • Robitussin
  • Sudafed
  • TheraFlu
  • Vick’s Dayquil and Nyquil

It is always important to consult with your doctor when choosing the proper medication for your medical needs. Choose what is best for your body and what works, always making sure to always follow exact dosage and to be aware of which additional medications you are taking which contain acetaminophen to avoid an accidental overdose.

Have you been injured by acetaminophen and suffered a liver-related injury?

At Phillips Law Firm our defective drug attorneys are dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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Are School Buses Safe?

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Highlighting Washington State School Bus Seat Belt Laws

It’s early in the morning and raining so you give your kids a ride to the bus stop before you begin your morning commute. You always worry about the safety of your precious children but they always seem to make it to and from school safely so the worry eventually drifts from your mind.

“Breaking News. Overturned school bus. Stay tuned for more details.”

You start to panic. Are those my kids? Wait a second… does their bus even have seat belts? Panic turns to extreme fear and your heart drops into your stomach. You start calling their school to find out if they’re okay.

“If you’re on the roads right now, make sure to stay out of the way to let the ambulances through. We have about 21 kids in the ditch and some are trapped.”

The school confirmed your kids were on the bus. You race to the scene of the accident and you find your daughter unconscious next to the dead bodies of her peers.

That was the reality for Steve Forman, on March 29, 2006. His daughter Allison was one of 21 West Brook High School soccer team members who were injured in an overturned bus accident while the team was in route to a game. Allison’s friends, Ashley Brown, 16, and Alicia Bonura, 18 both died from the accident that day.

Would seat belts have changed this scenario and prevented fatalities? Steve Forman and Brad Brown (Ashley’s father) both strongly believe so. On September 1, 2010 a Texas law went into effect requiring seat belts because Brown, Foreman and other Texas parents helped pass “Ashley and Alicia’s Law”, requiring seat belts on all school buses purchased on or after September 1, 2010 and on all charter buses purchased on or after September 1, 2011.

The implemented law is great for Texas, but you may be shocked to find out that there aren’t laws requiring the use of seatbelts on school buses in Washington State.

You will find the current child passenger restraint requirements for Washington State below. Highlighted in yellow is the citation which excludes school buses from seat belt laws.

RCW 46.61.687

Child passenger restraint required — Conditions — Exceptions — Penalty for violation — Dismissal — Noncompliance not negligence — Immunity. (Effective June 1, 2007.)

(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:

(a) A child must be restrained in a child restraint system, if the passenger seating position equipped with a safety belt system allows sufficient space for installation, until the child is eight years old, unless the child is four feet nine inches or taller. The child restraint system must comply with standards of the United States department of transportation and must be secured in the vehicle in accordance with instructions of the vehicle manufacturer and the child restraint system manufacturer.

(b) A child who is eight years of age or older or four feet nine inches or taller shall be properly restrained with the motor vehicle’s safety belt properly adjusted and fastened around the child’s body or an appropriately fitting child restraint system.

(c) The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.

(2) Enforcement of subsection (1) of this section is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child’s individual height, weight, and age. The visual inspection for usage of a child restraint system must ensure that the child restraint system is being used in accordance with the instruction of the vehicle and the child restraint system manufacturers. The driver of a vehicle transporting a child who is under thirteen years old shall transport the child in the back seat positions in the vehicle where it is practical to do so.

(3) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

(4) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian. Failure to use a child restraint system shall not be admissible as evidence of negligence in any civil action.

(5) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

(6) As used in this section, “child restraint system” means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213.

(7) The requirements of subsection (1) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

(8)(a) Except as provided in (b) of this subsection, a person who has a current national certification as a child passenger safety technician and who in good faith provides inspection, adjustment, or educational services regarding child passenger restraint systems is not liable for civil damages resulting from any act or omission in providing the services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

(b) The immunity provided in this subsection does not apply to a certified child passenger safety technician who is employed by a retailer of child passenger restraint systems and who, during his or her hours of employment and while being compensated, provides inspection, adjustment, or educational services regarding child passenger restraint systems.

[2005 c 415 § 1; 2005 c 132 § 1; 2003 c 353 § 5; 2000 c 190 § 2; 1994 c 100 § 1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.]

Notes:

Reviser’s note: This section was amended by 2005 c 132 § 1 and by 2005 c 415 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date — 2005 c 132 § 1: “Section 1 of this act takes effect June 1, 2007.” [2005 c 132 § 3.]

Effective date — 2003 c 353: See note following RCW 46.04.320.

Intent — 2000 c 190: “The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board’s recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature’s intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles.” [2000 c 190 § 1.]

Short title — 2000 c 190: “This act may be known and cited as the Anton Skeen Act.” [2000 c 190 § 5.]

 

Effective date — 2000 c 190: “This act takes effect July 1, 2002.” [2000 c 190 § 6.]

Construction — Application of rules — Severability — 1987 c 330: See notes following RCW 28B.12.050.

Severability — 1983 c 215: See note following RCW 46.37.505.

 

Standards for child passenger restraint systems: RCW 46.37.505. Even after a serious bus accident in Quincy, Washington in March 2012 (see left image) where a school bus rolled over with 38 students on board, school bus seat belt laws have not changed in Washington State. In the Quincy accident the bus driver and one student were critically injured and three were seriously injured. While some believe that while seat belt laws may be lacking, others believe school buses are still some of the safest transportation methods available for students.

Lynda Tran of the National Highway Traffic Safety Administration (NSTSA) told ABC News, “We feel strongly that school buses continue to be the safest way to transport students. They are even safer than their parents’ cars.”

The government required higher seatbacks on new buses in 2009 for greater protection but as far as seat belts, that decision has been left up to individual school districts.

According to the NHTSA, about 800 students are killed in motor vehicle accidents during normal school traveling hours each year with only 20 of the deaths school bus related. While 20 deaths annually may seem like a low number initially, the psychological impact of losing just one child affects an entire community and even a nation.

Phillips Law Firm supports making school buses as safe as possible. What are your ideas on improving school bus safety?

At Phillips Law Firm our accident attorneys are dedicated to getting you justice and compensation you deserve. If you or your child has been the unfortunate victim of a school bus accident please call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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Transvaginal Mesh Lawsuits to Start Soon

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Bellwether Trials Are Now in Motion

Federal trial against transvaginal mesh manufacturer C.R. Bard, Inc. will begin on February 5, 2013. Consumers are seeking justice with allegations that the transvaginal mesh implants sold by Bard are defective, and have caused horrific injuries to women.

Transvaginal mesh is a surgical mesh, similar to a woven fabric that is implanted in the vagina to support the vaginal wall. This product is used in women who have pelvic or bladder prolapse or similar problems requiring vaginal wall reinforcement.

Manufacturer Bard sells the Avaulta transvaginal mesh products including the Avaulta BioSynthetic, Avaulta Plus and Avalta Solo support systems. Bard also has a line of women’s pelvic repair products including Pelvitex, Pelvicol, PelviSoft, PelviLace, Uretex and Align.

Women suffering symptoms of Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI) are at a higher need for a vaginal mesh product and should consult with their health care provider in choosing the safest vaginal mesh implant for their needs.

The lawsuits set for 2013 are not class-action; they are multidistrict litigation cases (MDLs). An MDL allows a singular judge to preside over all pre-trial proceedings including discovery and motions. The cases appear in the same court however each lawsuit remains separate and unique.

Bellwether trial dates are in motion; since May 1, 2012 plaintiffs in the MDL cases are able to have their case tried before a jury. As bellwether trials indicate future trends and patterns for other MDL cases, this marks a major milestone for women across the United States who have suffered severe physical and psychological damages from their transvaginal mesh implants.

Have you been injured by a transvaginal mesh product?

At Phillips Law Firm our personal injury attorneys are dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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Child Birth and Medical Malpractice

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A Tragic Story of Childbirth Malpractice

Victoria Upsey suffered a placental abruption (the placenta separating from the uterus wall, which places the fetus in immediate danger) and was rushed to Pottstown Memorial Medical Center in Pennsylvania. Upsey was 36 weeks pregnant upon her arrival to the hospital.

Upon arriving at the hospital the obstetrician performed and ultrasound on Upsey, resulting in no signs of a fetal heartbeat. Due to the test results from the obstetrician, Charles Touey M.D. pronounced the baby dead before delivery. About an hour later he rechecked the ultrasound results and discovered that the baby was in fact still alive. The baby was then delivered 81 minutes later, born with severe birth defects due to oxygen deprivation during the birthing process.

Victoria Upsey filed a lawsuit claiming Charles Touey M.D. was responsible for medical malpractice resulting in her child’s permanent disabilities. Upsey insisted that she could still feel the baby kicking and notified the staff, however the ultrasound technician insisted the baby was deceased. Touey’s defense was that the baby must have died and then come back to life, eighty-one minutes later. Jurors found his testimony sadly humorous and later found the hospital to be at fault for faulty equipment. Upsey was awarded with $78.5 million to cover costs of round-the-clock care and medical attention that her child would need for the rest of its life because of brain damage and severe cerebral palsy.

Victoria Upsey’s baby, which she named Parrys, will now have the funding for her medical needs but it is devastating news considering her baby could have been healthy. “She needs help with all her activities for daily living,” her attorney says. “She can’t sit up, roll over or control her head. She’s tube fed. She will never speak. She truly is a devastated child.”

Could this happen to you?

Placental abruptions are a somewhat common affliction, occurring in 1 in 150 deliveries. Only 1 in every 1,600 placental abruptions is considered threatening to infant life. It is the doctor’s responsibility to determine if the placental abruption is life threatening and to take actions accordingly. To lower your risks of birthing defects it is a good idea to make the hospital has up to date equipment when choosing a place for delivery for your child.

Have you suffered a similar tragedy from your child delivery experience?

At Phillips Law Firm our medical malpractice attorneys are dedicated to getting you justice and compensation you deserve. Call Phillips Law Firm at 1-800-708-6000, we are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee

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