“Discovering that your child’s kernicterus was preventable can be devastating. Kernicterus, a rare but severe form of neonatal jaundice, can cause permanent neurological damage when not treated promptly and effectively. Symptoms such as excessive sleepiness, poor feeding, or a high-pitched cry are often critical indicators that require immediate medical attention. When these symptoms are overlooked, the consequences can be life-altering.
At Weiss & Paarz, we are committed to addressing these medical oversights through legal expertise. Our team of experienced kernicterus lawyers understands the profound impact of medical negligence on your child’s life. We will handle all of the complexities of a kernicterus lawsuit, and fight to get you the support and compensation necessary for your child’s long-term care.”
Information About Kernicterus & Medical Malpractice
What is Kernicterus?
Kernicterus is a type of brain damage caused by very high levels of bilirubin in newborn infants. In states like New Jersey and Pennsylvania, kernicterus is often considered a preventable birth injury.
What causes Kernicterus?
As part of the body’s natural function, individual red blood cells die on a regular basis. Bilirubin is created from the breakdown of these red blood cells. Normally, the liver breaks down bilirubin so that it can be eliminated from the body. However, in the newborn period, more red blood cells break down, and sometimes more bilirubin is created than the baby’s immature liver can handle. Bilirubin, which is yellowish in color, can then build up in the body, causing a condition known as jaundice. Jaundice is yellowish staining of the skin and eyes due to high bilirubin levels. Most jaundice occurring in newborns is harmless and typically clears up without treatment within a short period of time. However, some forms of jaundice pose a severe threat to the baby, because very high bilirubin levels can result in bilirubin crossing into the brain, causing devastating damage to occur. When this happens, the condition is referred to as kernicterus.
Symptoms of Kernicterus
Kernicterus is associated with a range of symptoms and severe long-term effects. Early detection and treatment are crucial in preventing these outcomes. Here are the primary symptoms and long-term consequences of kernicterus:
Symptoms of Kernicterus:
- High-pitched crying
- Fever
- Vomiting
- Listlessness
- Poor sleep patterns
- Difficulty with feeding or sucking
- Neck and body arching backwards
- Unusual eye movements
Long-Term Effects of Untreated Kernicterus:
- Cerebral Palsy: A group of disorders affecting muscle tone, movement, and motor skills.
- Hearing Loss: Can range from mild to severe, often necessitating the use of hearing aids or other auditory support tools.
- Learning Disabilities: Challenges in learning that may require special educational strategies and support.
- Dental Enamel Hypoplasia: Defects in the enamel of teeth that can lead to increased cavities and oral health issues.
Kernicterus is a medically preventable event
Bilirubin levels in the blood should be carefully monitored in the newborn to prevent Kernicterus. There are several methods which can be used by pediatricians to prevent bilirubin levels from becoming dangerously high, including but not limited to phototherapy, a fiber optic blanket, and blood exchange transfusion.
The American Academy of Pediatrics has provided guidelines which if correctly followed by medical personnel should prevent the occurrence of kernicterus. The National Quality Forum is a non profit organization that is a private/public collaboration formed for the purpose of improving the quality of health care in the United States. It includes kernicterus among a group of occurrences that are referred to as “never events”. Never events are medical outcomes that are serious and largely preventable – in other words, they should never happen.
Medical Complications That Result in Kernicterus
Any failure to carefully follow recommended guidelines in New Jersey and Pennsylvania for treating jaundice by the nurses and doctors caring for a newborn could potentially result in kernicterus. However, here are some specific mistakes pediatricians sometimes make when confronted with newborn jaundice that can lead to kernicterus:
- Ordering repeat testing to confirm a high bilirubin level before beginning treatment.
- Delaying or interrupting treatment while diagnostic tests are performed.
- Allowing bilirubin to reach dangerously high levels before acting.
- Using the indirect bilirubin level instead of the total serum bilirubin.
- Failing to examine the baby for signs of acute kernicterus.
- Failing to consider the precise age of the newborn when assessing bilirubin levels, since the same bilirubin level may be normal at one hourly age but abnormal at another.
What to do if your child suffered from Kernicterus
If you suspect that your child may have suffered kernicterus or brain damage from excessive levels of bilirubin, get medical attention for your child right away. Proper and timely treatment will maximize the chances that your child will survive with as little damage as possible under the circumstances. Unfortunately, many children will nevertheless require a lifetime of expensive medical care. Many will need to be followed by several different types of pediatric specialists and participate in ongoing physical and occupational therapy. In some cases, care at home is beyond the best capabilities of even the most committed and capable parents and placement in a specialized institution becomes the only viable option.
It is in your child’s interest to be in a position to benefit from the very best and most advanced treatment available. There may be a significant difference in the treatment and services that private medical insurance or such programs as Medicaid will cover, and the most desirable state of the art treatment. If your child has suffered kernicterus, getting the compensation that you deserve may be the only way to provide the care and services needed to maximize your child’s recovery and potential.
Contact Our Kernicterus Attorneys
Collectively, New Jersey and Philadelphia-based lawyers, Weiss & Paarz, have litigated over a dozen medical malpractice cases involving damages to a newborn as a result of kernicterus. Our kernicterus attorneys are committed to using their knowledge and experience to help the victims of preventable birth injuries obtain fair compensation.
If you believe your child may have experienced such an injury in either New Jersey or Pennsylvania, contact our specialized medical malpractice attorneys at Weiss & Paarz, P.C. today.
FAQs about Kernicterus and Legal Representation
What is kernicterus and how is it caused?
Kernicterus is a serious neurological condition in newborns, primarily caused by high levels of bilirubin that are not properly treated. It develops when severe jaundice goes untreated, allowing bilirubin to rise to toxic levels and potentially cause permanent damage to brain cells.
Why are babies jaundiced?
Newborns often have jaundice because their liver is not mature enough to efficiently process bilirubin, a byproduct of the normal breakdown of red blood cells. In most cases, this condition resolves without treatment, but it can sometimes lead to severe complications like kernicterus if not monitored and managed properly.
What happens if a baby's bilirubin is too high?
When bilirubin levels become too high, it can lead to conditions like kernicterus. Initially, symptoms might include extreme jaundice, lethargy, and a high-pitched cry. If not treated, it can progress to more severe problems, including stiffness, seizures, and developmental delays.
Can kernicterus be cured?
Kernicterus is a preventable but not curable condition. Management focuses on preventing further brain damage and addressing symptoms through therapies such as physical, occupational, and speech therapy. Early detection and treatment of jaundice can prevent the onset of kernicterus.
How do you treat kernicterus?
Immediate treatment for kernicterus involves reducing bilirubin levels through interventions like phototherapy or exchange transfusions. Long-term management focuses on supportive care such as physical therapy, hearing aids, and educational support to address complications from the condition.
Why is it important to seek legal help if my child has been diagnosed with kernicterus?
Legal assistance is crucial because kernicterus often results from medical oversight, such as failing to diagnose or adequately treat jaundice. A kernicterus lawyer with expertise in medical malpractice can help establish negligence and pursue necessary compensation for lifelong care and other damages.
What can I expect during a kernicterus lawsuit?
A kernicterus lawsuit involves collecting medical evidence, consulting with experts, and demonstrating negligence. The process might include negotiations for settlements or, if necessary, a trial to argue the case and determine compensation.
What kind of compensation can be recovered in a kernicterus lawsuit?
Compensation might include medical costs, long-term care expenses, pain and suffering, and potential loss of earnings. The exact compensation depends on the specifics of the case, including the extent of the damage and the impacts on the child’s and family’s life.