Kernicterus Medical Malpractice Lawsuit

Kernicterus Medical Malpractice Lawsuit
September 6, 2024

Kernicterus is a rare but serious condition caused by untreated jaundice. To understand kernicterus, it’s important to explain what jaundice is and how it can develop into this condition.

Jaundice Overview

Jaundice is a common condition that occurs in newborns. It affects 80% of premature babies and 60% of full-term infants.

Jaundice occurs when there are high levels of bilirubin in the baby’s blood. Bilirubin is a yellow pigment produced as red blood cells are broken down.

Normally, the liver removes excess bilirubin, but in newborns, the liver may not be able to handle this task. As a result, the infant’s eyes and skin have a distinct yellow tint.

Jaundice is usually harmless and many babies don’t need treatment unless it is severe.

Risk Factors

Babies with the following risk factors are more likely to develop neonatal jaundice:

  • Blood type incompatibility. This occurs when the expecting mother and their unborn baby have different blood types, typically when the mother’s blood type is O, and the baby’s is either A, B, or AB.
  • Premature birth. Babies born before 37 weeks of pregnancy are considered premature. Premature babies are more likely to develop jaundice because their livers may not be fully developed to process and remove bilirubin.
  • Darker skin color. It may be harder for medical providers to determine that babies with darker complexions have jaundice because the yellow tint is less visible. This can cause severe jaundice if left untreated.
  • Breastfeeding issues. Issues such as poor feeding, delayed milk production, or not receiving enough breast milk can cause neonatal jaundice.
  • East Asian race. Infants who are of the East Asian race are more likely to develop jaundice than white or black babies.

What Is Kernicterus?

When left untreated, severe jaundice can turn into kernicterus. Kernicterus causes a dangerously high build-up of bilirubin in the brain. High levels of bilirubin can cause severe injuries.

Signs of Kernicterus

The signs and symptoms of kernicterus vary depending on the stage of the condition.

Common early signs include:

  • Lethargy
  • Difficulty feeding
  • High pitched cry
  • Floppy or weak muscle tone
  • Irritable
  • No startle reflex

As kernicterus progresses, serious symptoms can occur such as:

  • Seizures
  • Muscle stiffness
  • Fever
  • Vomiting
  • Muscle spasms
  • Arched back and neck
  • Coma

If your baby shows any of these symptoms, it is important to call their doctor right away, so they can receive treatment.

This condition is diagnosed by reviewing symptoms and performing diagnostic tests. The most common tests are blood tests and light meter tests.

A light meter test involves placing a small device on the baby’s skin that shines a light to measure bilirubin levels based on how the light reflects.

Blood tests are performed by taking the baby’s blood and testing the bilirubin levels. The treatment plan will depend on how high the levels are.

Treatment & Prevention

Kernicterus is fully preventable by closely monitoring bilirubin levels and promptly treating jaundice.

Infants with severe jaundice must receive necessary treatments, so the condition doesn’t progress.

Common treatments for severe jaundice are:

  • Fluids. Dehydration can raise bilirubin levels, causing severe jaundice. IV fluids may help hydrate the baby and decrease bilirubin levels.
  • Phototherapy. This light therapy helps break down bilirubin, which allows the liver to process it more easily. Phototherapy is very effective in treating neonatal jaundice.
  • Exchange blood transfusion. In cases where phototherapy doesn’t help, an exchange blood transfusion may be needed. This involves taking out small amounts of the infant’s blood and replacing it with a donor’s blood.

Long-Term Complications

Untreated kernicterus can result in long-term neurological damage. Common effects include hearing loss, learning disabilities, cerebral palsy, and uncontrolled movements.

These permanent conditions often require medical treatments and specialized accessibility equipment.

When Can You Sue For Kernicterus?

If your baby suffered brain damage due to kernicterus, you may be able to take legal action against the medical providers.

Potential claims may include:

  • Failure to diagnose. If medical providers fail to diagnose infants with severe jaundice or kernicterus, it can be considered negligence. This also includes if a medical provider misdiagnoses the baby with a different condition, therefore not treating them for severe jaundice.
  • Failure to monitor. Medical providers are responsible for monitoring bilirubin levels to ensure they decrease. If the doctors fail to monitor these levels, they may be held liable for brain damage caused by kernicterus.
  • Failure to treat. Doctors must timely treat babies for severe jaundice. If an infant is not treated in time, and kernicterus causes brain damage, then the doctor can be held liable.

In most situations, families only recover damages if the baby suffers severe injury or death due to negligence.

How Our Firm Can Help

For over 40 years, The Mellino Law Firm has been a trusted advocate for Northeast Ohio families, whose babies suffered injuries during or after birth.

Our experienced team has successfully tried hundreds of cases, providing the knowledge and resources needed for a “positive” outcome.

Call our Cleveland-based office today at (440) 333-3800, or fill out our contact form and we will reach out to you as soon as possible.

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