Facial Palsy

There is nothing quite like the moment when parents finally get to meet the newest member of their family. Seeing a child's face reflect joy for the very first time is a gift like no other. Unfortunately, sometimes unexpected events occur that are beyond our control. When labor and delivery nurses and doctors take actions or fail to act in ways that deviate from their duty to protect the health of a mother and her unborn child, it can result in serious birth injuries. One type of injury that can be caused by the negligent actions of doctors and other healthcare providers is a condition called facial nerve palsy.

Facial nerve palsy is one of the most common and severe birth injuries affecting newborns during delivery and usually requires medical intervention. While the effects of infant facial paralysis may only be temporary in some cases, in others, it may result in permanent nerve damage and disfigurement that could impact a child for the rest of their lives. If you believe a doctor or other medical professional's inattention caused your child to suffer from facial paralysis, you may be able to take legal action against them.

At Miller Weisbrod Olesky, our medical malpractice lawyers, registered nurses, and nurse attorneys have extensive experience helping families determine whether a healthcare professional's negligence caused damage to their child's facial nerve. Our compassionate birth injury lawyers understand how devastating it can be to see your child suffer from facial nerve palsy. We are prepared to ensure you recover the compensation you need to provide your child with the best possible care.

Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.

With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.

Lyric, C.

Mother of
Miller Weisbrod Olesky Client

Facial nerve paralysis, also known as facial palsy, is a birth injury that occurs when the seventh cranial nerve becomes damaged during birth. The seventh cranial nerve, or the facial nerve, carries nerve fibers that are responsible for controlling facial expression and movement. If this nerve is damaged or pressure is applied to it, the brain loses its ability to control the muscles that allow a child to smile, blink, frown, and do other voluntary movements.

Facial paralysis in children can occur suddenly or gradually over time and typically affects only one side of the face. The effects might last for a short time or have lasting impacts on a child's life, depending on the cause of your child's injury. Knowing how long your child's recovery will take is challenging and will depend on the type of facial injury your newborn has sustained. Injuries to the facial nerve are classified into three categories based on severity.

The three categories of facial nerve injury are as follows:

• First-degree injury: this occurs when the facial nerve is concussed or bruised due to mild pressure. The average recovery period for this type of injury is approximately 4-6 weeks or possibly earlier. A child with this type of nerve injury typically completely recovers and does not experience involuntary facial movements.
• Second-degree injury: this occurs when compression on the facial nerve is prolonged. The outer layer remains intact in these cases, but the nerve fibers inside are more severely damaged. The facial nerve will slowly start to repair itself at a rate of around one millimeter per day, and the nerve will begin to show the first signs of recovery at approximately 12-16 weeks. A child with second-degree nerve injury will develop unwanted facial movements.
• Third-degree injury: this occurs when the nerve is very severely damaged. Recovery for children with this type of injury is much slower and almost always incomplete. In some cases, the nerve is completely severed, possibly due to trauma, and surgical repair is often required to restore facial function.

Some of the first signs of facial palsy parents may notice are facial asymmetry, an inability for the child to close their eyes, swallow, or produce tears. Some causes of facial palsy include excessive pressure being put on the infant's face or head during delivery, improper use of birth-aiding tools like forceps or vacuum extraction devices, or when a physician makes a mistake in judgment by inducing labor too early.

It is a doctor's responsibility to take preventative measures to reduce the risk of this type of injury. These preventative measures may include closely monitoring the mother and baby during pregnancy, using devices that can be helpful in the birth process with caution, and ensuring that a mother receives proper prenatal care.

While facial nerve paralysis in children can be caused by numerous factors, in many cases, it is caused by birth trauma. The following are some of the most common causes of facial palsy.

• Incorrect use of medications like Pitocin to induce labor.
• Improper administration of epidural anesthesia to reduce a mother's pain.
• A negligent doctor or other medical staff member accidentally injuring a newborn's head.
• A doctor failing to use reasonable care when using facial palsy newborn forceps or a vacuum extractor to help guide the baby down the birth canal.

Additional factors associated with a heightened risk of facial palsy include:

• The infant's head is presenting at an unusual or difficult angle
• Prolonged labor or delivery
• Large birth weight and size of the child (Macrosomia)
• The mother's pelvis is small

There are many cases where newborns suffer from multiple injuries during birth. Some examples of other serious birth injuries commonly linked to facial paralysis in newborns include:

• Cerebral Palsy
• Hypoxic Ischemic Encephalopathy (HIE)
• Brain damage
• Brachial plexus injuries
• Erb's palsy

Healthcare professionals and other members of a pregnant mother's care team are fully responsible for the health and safety of a mother and her baby during labor and delivery. It is essential for them to remain alert to any threats and mitigate them as quickly as possible. Our birth injury attorneys can assist you in fighting for the justice and fair compensation you and your child deserve.

Depending on the underlying cause, facial nerve palsy in newborns can present in various ways. Due to the diverse array of signs and symptoms this condition may exhibit, it can often be challenging for medical professionals to diagnose.

Common symptoms of facial paralysis include:

• Facial weakness or numbness
• Uncontrollable drooling
• Light and sound sensitivity
• Lack of motion in the forehead
• Trouble breastfeeding
• Difficulty chewing
• Problems with crying and speech later in life
• Inability to move muscles on one side of their face
• Inability to blink or close one or both eyes completely
• Reduced tear production, which can lead to corneal irritation
• Mouth muscles appear uneven when they’re crying

Determining whether a child has facial paralysis solely from observing symptoms alone is typically insufficient. To establish the extent of nerve damage and diagnose a child with this condition, a doctor will have to do a physical examination and perform a nerve conduction test. If you notice any of the above symptoms in your child, speak with a doctor who can identify whether your child may have facial nerve palsy.

In relatively minor cases, some infants may experience recovery, usually within the first four months of life. However, in approximately 5% of cases, the damage is permanent and requires extensive treatment. When a child's condition does not improve without intervention, there are multiple treatment options a family may consider.

The following are a few of the types of non-surgical treatments a family may seek:

• Botox injections and dermatologic fillers
• Acupuncture
• Electrical stimulation
• Corticosteroids (anti-inflammatory medication)
• Antiviral medication
• Facial Physical Therapy
• Speech Therapy
• Occupational Therapy
• Eyedrops and eyepatches

When the extent of the problem is much greater, additional interventions such as surgery are often recommended to relieve pressure on the nerve. These types of surgeries could include a Temporalis Tendon transfer, a Gracilis transfer, or Nerve Grafting.

• Temporalis Tendon Transfer: If a facial nerve is injured, it may be possible to restore lost nerve function by transferring another nerve to the affected area. Temporalis tendon transfer is a relatively minimally invasive technique that is performed to help control chewing, lift a saggy or drooping mouth, and give an infant affected by facial paralysis the ability to smile. This procedure involves a surgeon connecting one end of a tendon in the jaw to a corner of the mouth.
• Gracilis Transfer: A doctor may recommend a Gracilis transfer in cases of long-term paralysis. This procedure involves a surgeon transplanting a small piece of the gracilis muscle located in the upper inner thigh to the affected side of the face and connecting it to blood vessels to keep the muscle and nerve alive. A Gracilis transfer is a highly specialized procedure; depending on the patient's specific issues, they may require more than one surgery.
• Nerve Grafting: This procedure can restore lost nerve function, movement, sensation and increase muscle control on the affected side of the face. A surgeon will move nerves located in another part of the body, such as the neck or leg, and connect it to paralyzed muscles in the face.

A child affected by facial nerve palsy may experience vast improvements through therapeutic methods or surgery. The emotional impact on a child living with facial nerve palsy can be immense. The inability to express emotions or fully communicate their feelings can lead to profound psychological repercussions on their overall well-being, including their self-esteem and social interactions. A child with facial nerve paralysis often requires support from family, friends, and healthcare professionals to navigate feelings of self-consciousness that may arise.

It is important to remember that each child affected by facial nerve palsy has their own set of specific needs. A healthcare provider can talk to you about what treatment options may be suitable for your child. To offset the high costs of medical treatment, our team can help you pursue a birth injury claim against a negligent healthcare provider to recover monetary damage for your losses.

Depending on the facts of your situation, a birth injury medical malpractice claim may not be limited to the attending physician who delivered your child. There is a wide range of healthcare professionals, such as nurses or anesthesiologists, who may also be held at fault in a birth injury case.

Here are some examples of medical professionals that could be held liable for your child's facial nerve paralysis:

• Doctors and surgeons
• Nurses
• Anesthesiologists
• Hospitals
• Healthcare institutions
• Other hospital staff

A medical malpractice lawsuit brought against a hospital usually involves hospital employees such as nurses, anesthesiologists, and technicians. A hospital would typically not be held liable for the negligent actions of a doctor who works at a hospital as an independent contractor. In situations where a doctor is employed by the hospital directly, however, the hospital may be held vicariously liable for malpractice by a doctor.

In the context of medical malpractice actions, a hospital can also be held directly liable for its own negligence if it fails to make reasonable inquiries into a member of its medical staff's education, training, and licensing. A hospital may also be found directly responsible for negligence if it fails to protect patients from harm by ensuring there is always enough registered nurses and other staff on duty to provide care as needed. A qualified birth injury malpractice attorney can discuss the specifics of your case with you, help you identify who should be held responsible for your child's birth injury, and bring a lawsuit against all negligent parties.

Taking legal action against a negligent doctor, hospital, or other healthcare professional may allow you to recover compensation for your baby's facial nerve palsy and other injury-related expenses you've incurred. Damages in a birth injury lawsuit fall into two categories: economic and non-economic damages.

Economic damages account for any monetary losses you've sustained as a result of the birth injury. Non-economic are awarded to compensate the victim for subjective, non-financial losses such as the pain and emotional suffering they endured due to the injury. A medical malpractice attorney can evaluate your case and help you determine the compensation you may be eligible to recover.

Here are some examples of recoverable damages in a birth injury case:

Economic Damages

• Medical and Life Care expenses (past and future)
• The cost of physical, occupational, or speech therapy (past and future)
• Parent's lost income due to tending to their child's needs (past and future)
• The cost to modify a home/vehicle and make it accessible
• The child's reduced ability to work and earn income in the future
• The cost of nursing and personal home care by trained professionals

Non-economic Damages

• Psychological and emotional trauma
• Physical pain and discomfort
• Loss of enjoyment of life
• Paralysis, scarring, and disfigurement

In addition to economic and non-economic damages, punitive damages may be awarded in cases where a doctor or other healthcare provider has committed grossly negligent or reckless acts. These damages are intended to punish the at-fault party for their egregious behavior and serve as a warning to discourage others from engaging in similarly negligent behavior.

Even though the immediate costs of dealing with a birth injury can be financially devastating, the long-term costs of caring for a child with facial nerve palsy can be even greater. The settlement amount you will receive will depend on several factors, including the severity of your child's injuries, how long the condition is expected to last, and the type of treatment your child needs.

For example, if your child requires only a few check-ups while their facial paralysis heals on its own, your medical bills are likely to be lower, and you can expect a lower settlement award. However, if their congenital facial paralysis is severe and your child is unable to use muscles on one side of their face for the rest of their life, this will be taken into consideration, and the settlement amount will typically be higher. An experienced birth injury attorney will work with you to figure out the extent of your child's condition and see what damages may arise from your case.

Calculating how much your birth injury claim might be worth will typically require us to draw on the experience and knowledge of our vast network of financial and qualified medical experts. If you have questions about compensation, reach out to one of our birth injury lawyers as soon as possible so we can inform you of your legal options and create an action plan moving forward.

When your child suffers a birth injury, it can leave you feeling overwhelmed and confused. In navigating the complex legal system, working with a facial paralysis birth injury lawyer who specializes in birth injury cases is crucial to securing compensation for harm caused during childbirth.

A facial nerve palsy birth injury lawyer who understands the unique obstacles that come with these cases can provide valuable support and guidance and help you understand your legal rights.

If you have questions about your next steps, our facial paralysis birth injury lawyers are available to answer them. We'll keep you informed about any developments in your case and help you understand your options for securing the compensation you and your child need.

Our team of trained and compassionate professionals at Miller Weisbrod Olesky understands that your child's health and happiness are your top priorities as a parent. That's why we are dedicated to fighting for families of children whose birth injury is caused by medical errors and have successfully represented clients in more than 20 states.

For the past 30 years, our nationally recognized birth injury legal team has secured multi-million-dollar results for families like yours to help victims of birth injuries access the care they need. We are passionate about fighting for the justice our clients deserve, and we'll be here for you every step of the way.

If you believe that your child's facial nerve palsy was caused by medical malpractice, reach out to us now to learn what we can do for you. Call us today toll-free at 888-987-0005 or fill out our online case evaluation form to schedule your free consultation.