1000 – 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5, Canada
877-859-9976

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BILA – General Information

The Birth Injury Lawyers Alliance of Canada is a national network of personal injury and medical malpractice lawyers who specialize in supporting families affected by birth injuries. Our members are knowledgeable and caring advocates with access to experts in all aspects of birth injury to advocate for children and families.

Manitoba Birth Injury Lawyer

Chris Wullum (Tapper Cuddy LLP) earned his Juris Doctor (J.D.) from the University of Manitoba in 1996. He possesses a wide range of legal experience, including civil and tort litigation in human rights, defamation, and medical malpractice. He is particularly experienced in the area of birth injury law, and his representative has resulted in multi-million dollar decisions for families of injured infants. Chris is a founding member if BILA, and a member of the Western Canada Medical Malpractice Association.

Information about Birth Injuries

Birth Injuries include a wide range of adverse events that may occur prior to labour, during labour and delivery, or after the birth. Frequently, these injuries affect the brain or spine of the newborn. Some birth injuries include:

Autism caused by Hypoxic Ischemic Encephalopathy (HIE). This injury may result when the infant brain is deprived of oxygen or blood flow during childbirth.

Behavioural Problems. Hypoxic ischemic events, as well as trauma due to medical interventions involving tools (forceps or vacuum), can sometimes result in neurological damage and concurrent behaviour problems.

Brachial Plexus Injury. This injury affects the nerves in an infant’s neck, and may occur if the baby’s shoulder blocks him or her from proceeding through the birth canal. Called shoulder dystocia, the injury occurs if nerves are stretched or detached from the as the obstetrician attempts to dislodge the infant’s shoulder. While the injury is usually temporary, occasionally the effects of the injury, such as impaired functioning of the arm, are permanent.

Cerebral Palsy. This neurologic injury may occur if oxygenation to the infant is impaired during an urgent or critical delivery. It may be caused by a number of complications including umbilical cord compression, rupture of the uterus, or maternal hypoxia, among others.

Fetal Macrosomia. This refers to babies larger than normal. It can be more difficult for large babies to pass through the birth canal, raising the risk of injury. Complications that may arise from Fetal Macrosomia include childhood obesity and metabolic syndromes.

Erb’s Palsy occurs in one to two infants out of 1000 births. Nerves in the shoulder, called the brachial plexus, may be damaged during a birth in which pressure is applied to the baby’s neck or shoulder during delivery. The nerve damage may cause paralysis.

Failure to Diagnose or Treat Preeclampsia. About eight to 10 percent of pregnant women are diagnosed with preeclampsia, which is characterized by high blood pressure. If incorrectly diagnosed and treated, preeclampsia can be life threatening for both mother and child.

Fetal and Neonatal Stroke. Previously believed to be unpreventable, fetal and neonatal stroke is sometimes due to preventable hypoxic ischemic episodes during labour.

Hypoglycemia. Babies at risk of hypoglycemia (low blood sugar) require vigilant monitoring before and during labour, and after delivery. Failure to provide adequate monitoring can result in a hypoglycemic brain injury.

Jaundice, Kernicterus & Hyperbilirubinemia. Jaundice, caused when a newborn’s liver is unable to process bilirubin (a blood byproduct) is a very common condition, and relatively simple to treat. However, if untreated, or improperly treated, more serious conditions may emerge and result in serious brain injuries to infants. The brain injury associated with abnormally high levels of bilirubin is called Kernicterus.

Meconium and Meconium Aspiration Syndrome.These injuries occur when a fetus has a bowel movement in utero or during delivery, and the amniotic fluid introduces the waste into the baby’s lungs or blood. It’s  possible for infants to asphyxiate due to meconium.

Negligent Resuscitation of a Newborn. Some newborns have difficulty breathing immediately after delivery and are in need of some resuscitation. Negligent resuscitation can result in brain injury. Guidelines exist for appropriate training of birth attendants including techniques for ventilating or intubating.

Newborn Infections. Even minor infections can have serious implications for the health of newborns.

Periventricular Leukomalacia (PVL). This neurological injury is most common in babies born prematurely and results from a lack of oxygen to the brain.

Seizures. Seizures can sometimes signal that a brain injury has occurred during labour and delivery. They can also be caused by infections or bleeding in the brain, or even stroke.

Trauma from Forceps and Vacuum. The most common injuries from forceps and vacuums are hematoma and hemorrhage injuries.

Twin to Twin Transfusion Syndrome.This injury may occur when the twins share a placenta (monochorionic twins), and the blood flow between fetuses is unequal.

Whole Body Cooling (Hypothermia). This is a process that can mitigate the damage of a perinatal brain injury. It is imperative that healthcare providers are trained to recognize when this approach is recommended.

Manitoba and Nunavut Health Care and Resources

Qikiqtani General Hospital, Iqaluit

Phone: 867-975-8600

Nunavut Health Facilities (Searchable Map)

Women’s Health Clinic

419 Graham Avenue, Unit A
Winnipeg, Manitoba R3C 0M3

Phone: 204-947-1517

Birth Injury Statistics For Manitoba, Nunavut and Canada

Induction

Induced labour is often associated with birth trauma.

Preterm Birth

• Rates of preterm births in Canada and Worldwide have steadily increased.
• Preterm births account for 75-85 percent of all perinatal mortality (stillbirths and deaths to infants less than 7 days old) in Canada

In Nunavut, the rate of preterm births is 10 percent.

Premature delivery is associated with cerebral palsy and other significant health concerns.

One-third of cerebral palsy diagnoses are associated with an adverse obstetric event.

Complications During And After Birth

On average, fewer than 50 percent of all birthing mothers had a complication-free labour and delivery from 2001-2005.

Compared with cesarean deliveries, midpelvic forceps and midpelvic vacuum deliveries lead to higher rates of maternal and infant trauma, according to a new study published in Canadian Medical Association Journal.

• A Canadian Medical Association Journal study on the number of adverse events among hospital patients in Canada revealed that 30 percent to 50 percent of complications are preventable.
• The largest ever malpractice award was to a Manitoba family in 2005. The 10 million dollar award was compensation for injuries suffered due to physician negligence during birth. The infant’s injuries included quadriplegia and cerebral palsy.

The rate of neonatal readmission to hospital in Nunavut is 5.5 percent, two percent higher than the Canadian average.

Costs

• According to the Centers for Disease Control and Prevention (CDC), and infant with cerebral palsy alone may need around $1 million in medical care for a lifetime. With intellectual and emotional disabilities, the expenses can more than double.