Meningitis is an infection of the thin membranous outer covering of the brain and spinal cord. According to the National Meningitis Association, there are approximately 1,000 cases of meningitis annually, 80% of which affect infants. While meningitis affects people in all age groups, babies with less developed immune systems are particularly susceptible to developing this condition.
Although meningitis can be challenging to detect, it is the responsibility of doctors and other healthcare providers to exercise reasonable care in diagnosing and aggressively treating this condition to prevent serious injury or wrongful death. Without proper treatment, meningitis can cause an infant to suffer from long-term consequences like permanent brain damage, seizures, or even death.
Additionally, meningitis can be deadly for pregnant women if not detected and immediately treated. If you or your unborn baby was the victim of a birth injury that led to neonatal meningitis, an experienced birth injury attorney can serve as your legal advocate and protect your right to compensation. At Miller Weisbrod Olesky, our medical malpractice lawyers are prepared to take action against negligent healthcare providers and seek the justice our clients deserve.
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
What is Neonatal Meningitis?
Meningitis is caused by an infection that causes inflammation in the tissue membranes surrounding the brain and spinal cord (meninges). The primary function of these membranes is to keep fluid and moisture in and keep harmful bacteria and viruses out. When these membranes become infected with foreign bacteria or viruses, it can cause swelling around the brain and spinal cord, which can result in pressure on fragile organs or restrict blood flow.
Various bacteria, including listeria, group B streptococcus, and gram-negative E. coli, can cause these infections and are often passed on through the birth canal during pregnancy. Approximately 30% of pregnant women carry Group B strep bacteria that could lead to meningitis.
Another type of meningitis that can be serious when left untreated is viral meningitis, which is often caused by measles, mumps, enterovirus, or herpes virus. In the neonatal period, however, bacteria is the most common cause of meningitis.
The age of the infant is one of the most prominent risk factors for this condition. For example, meningitis tends to be more serious in infants under three months of age because their immune systems are still immature. During labor and birth, a baby can be infected with bacteria that causes meningitis, and in many of these cases, a medical professional's mistake is to blame. When left untreated, it may cause infants to lose their hearing and suffer brain damage, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), spinal cord injuries, experience seizures, and diminished mental capacity.
Medical professionals must provide optimal prenatal care to ensure a healthy delivery, especially during the third trimester. If a doctor fails to recognize and treat the infection promptly, an infected newborn will often require treatment in a neonatal intensive care unit (NICU). Resulting birth injuries from undiagnosed or untreated meningitis can affect a child's quality of life and place a substantial financial burden on the child's family. If your child suffered a brain injury or other complications from a meningitis infection caused by a preventable medical error, you may be entitled to financial compensation.
Causes of Neonatal Meningitis
Meningitis is a severe threat to a newborn's health that is most likely to occur during the neonatal period. Group B streptococci (GBS) and Escherichia coli (E. coli) are the most common causes of neonatal meningitis. In the United States, neonatal bacterial meningitis caused by GBS accounts for 50% of all cases. Neonatal meningitis caused by E. coli accounts for approximately 20% of cases.
A high number of meningitis cases are attributed to GBS because about 1 in 4 pregnant women carry GBS in their rectum or vagina. Due to the prevalence of cases involving meningitis caused by GBS, all pregnant women should be tested for Group B strep in the third trimester. A medical professional should administer antibiotics during labor to minimize the risk of transmission to the fetus if the tests come back positive.
Failing to diagnose or treat Group B strep or an E coli infection may result in a preventable birth injury. 7 out of 10 children with bacterial meningitis who receive a timely diagnosis and prompt treatment will often make a full recovery. In about 2 out of 11 cases, however, children affected by bacterial meningitis will suffer long-term complications.
Symptoms of Meningitis in Infants
In infants, symptoms of meningitis are often subtle and may not appear until several days after a baby has a cold or diarrhea. Signs of meningitis in other cases, however, may pop up suddenly and progress rapidly. If you suspect your child has meningitis, you should talk to a doctor who can immediately take measures to detect meningitis because this is a medical emergency.
The most common age for meningitis in children is 2 months to 2 years old. The first sign of meningitis in children in this age group is a high fever or seizures. Children 2 to 5 years of age may complain about a backache, stiffness in their neck, or a headache.
Meningitis may be difficult to ascertain in infants because symptoms of this condition can also be signs of other more common conditions. Additionally, given that newborns are unable to communicate, doctors, nurses, and other healthcare professionals often delay in diagnosing it, resulting in potential health risks for the newborn.
Most physicians will assess an infant's head movement or neck flexibility to diagnose meningitis. Whenever a child exhibit any of these symptoms, doctors should consider potential risk factors for meningitis and run tests for meningitis to make a proper diagnosis.
Neonatal Meningitis Risk Factors
Newborns and infants are more likely to get meningitis caused by bacterial or viral infection. They are particularly vulnerable to this condition because their immune system is not yet fully developed, and they cannot easily fight the infection.
Risk factors associated with meningitis infections in infants and children include:
Being extremely young
Having a weakened immune system
Lack of immunization
Pre-existing medical conditions
Exposure to certain infections
When a baby displays enough symptoms to raise a concern or is at risk for meningitis, a medical provider can play a crucial role in accurately diagnosing the condition and providing the best treatment. Meningitis can be extremely dangerous if left untreated and can sometimes have fatal consequences. It is vital to seek prompt medical attention if you suspect your child is suffering from this debilitating disease.
Neonatal Meningitis Diagnosis
An accurate diagnosis of meningitis involves lab tests conducted in the family doctor's office or emergency room. If a doctor suspects that a child has meningitis, they will likely take the following steps to verify a diagnosis of the infection.
The Gold Standard to diagnose meningitis is the spinal tap via lumbar puncture. This procedure involved inserting a hollow needle into the lower back to remove a sample of spinal fluid, the doctor can test the fluid for infection to determine whether a virus or bacteria is present. With a spinal tap, any indication of inflammation will also be apparent. While this procedure may seem scary, it is often the most important step in correctly diagnosing meningitis.
Many bacterial and viral infections can be transmitted from the mother to the infant during delivery. Because meningitis can be especially harmful to a pregnant woman and her baby, it is essential for doctors to accurately diagnose a maternal infection and provide proper treatment to protect the baby.
Neonatal Meningitis Treatment
A physician should immediately provide proper treatment when an infant is diagnosed with meningitis. Depending on several factors, a doctor may recommend the following treatment options for neonatal meningitis.
A doctor will typically recommend that children with bacterial meningitis spend a few days in the hospital to receive IV antibiotics and fluids to counter the loss of fluids from the child's sweating, vomiting, and poor eating. Children with viral meningitis caused by the herpes simplex virus may also require hospitalization.
While viral meningitis is not as serious as bacterial meningitis, it can be more serious when a child is under three months old. The treatment length and specific antibiotics used to treat newborn meningitis depends on the child's age and the type of bacteria present. When bacterial meningitis goes untreated, it can attack nerve and brain function and causes irreparable damage.
Long-term health issues or fatal complications untreated infant meningitis can cause:
A meningitis misdiagnosis or failure to promptly diagnose the condition in an infant could mean the difference between a full recovery and long-term damage. If negligence in diagnosing or treating meningitis led to long-term medical problems for your child, a skilled birth injury lawyer can help hold your doctor accountable.
Over a lifetime, medical care for complications associated with untreated meningitis can cost hundreds of thousands of dollars. You shouldn't have to bear the burden of covering the cost of care for conditions resulting from a healthcare provider's inability to perform their duties correctly. Let us help you pursue the compensation you're entitled to, not only for the cost of treatment but also for the pain and suffering endured by your child and family.
Holding Healthcare Providers Accountable
In the neonatal period, there are many possible causes of meningitis. A lack of appropriate sanitation and hygiene in the hospital is one such cause of meningitis in newborns. Some examples include unnecessary blood draws or inadequate sanitation of equipment used for procedures. Improper management of a bacterial infection, once it has been identified, is another cause of neonatal meningitis.
When a newborn is delivered through an infected maternal genital tract, it increases the chances of the infection spreading to the newborn. Prior to delivery, a mother with Group B Strep must receive Prophylactic Treatment. Failure to provide a pregnant mother with the proper treatment in these cases could cause the bacterial infection to be transmitted to the infant. Should an infection develop, a doctor must monitor the newborn for signs of meningitis and deliver prompt treatment to avoid devastating complications.
Additional examples of medical negligence that can result in childhood meningitis:
Misdiagnosing or failure to diagnose your child's condition
Failing to test for bacterial meningitis
Failing to perform a timely spinal tap or lumbar puncture
Failing to prescribe antibiotics or selecting the wrong antibiotic
Failing to adequately monitor a mother's or newborn's health throughout the pregnancy
Failing to pay close attention to symptoms of meningitis after delivery
Inadequate communication between medical professionals involved in the care of a pregnant mother and her newborn
It is your doctor's responsibility to recognize symptoms and other indications of bacterial meningitis, perform tests in a timely manner and to ensure you and your child are provided with the timely treatment you require. If your baby contracted meningitis due to a medical professional's failure to timely diagnose and/or properly treat it, our medical malpractice attorneys are dedicated to helping you hold your physician and/or other healthcare professionals surrounding your pregnancy liable for medical negligence.
Medical providers and/or facilities that may be held liable for medical negligence:
Obstetricians (OB-GYN)
Maternal-fetal medicine physicians/specialists (MFM)
Other obstetric professionals
Pediatricians (including pediatric neurologists)
Anesthesiologists
Labor and delivery nurses
Midwives
Nurses
Physician assistants
Hospitals and healthcare facilities (including birth centers)
Hospital administrators
Other hospital staff
Neonatal nurses and aids
Neonatologists or pediatricians providing neonatal care
Respiratory therapists
Laboratory staff
Many people are unaware that hospitals can also be held liable for medical negligence. A hospital may be held vicariously liable for injuries or death that occur due to an employee's failure to properly treat a patient. Healthcare facilities can either be held vicariously or directly liable for the negligent actions of their employees or for medical negligence caused by their own actions or policies that contributed to patient harm.
For example, hospitals can be held vicariously liable for the negligent actions of an employee committed during work hours or a task the employee was hired to perform. A hospital can be held directly liable for failing to properly maintain or replace medical equipment. Proving that you or your child were injured is not sufficient to hold negligent healthcare professionals accountable for their actions. Filing a successful birth injury lawsuit requires your lawyer to gather evidence to demonstrate the following four elements of medical malpractice.
A doctor-patient relationship existed at the time you or your child suffered from the injury. Upon establishing this relationship, the doctor has an obligation to ensure you and your child receive safe and effective care.
The doctor failed to uphold the medical standard of care that another reasonably careful provider with similar training would have offered under the same or similar circumstances.
As a result of the doctor's failure to uphold the standard of care, you or your child suffered harm.
The harm you or your child suffered led to specific financial losses and other expenses.
To establish the above, your birth injury lawyer will connect ample evidence such as medical reports, testimony from experts who work in the same profession, test results, and lab work. If it can be proven that your child received substandard medical care and suffered complications due to the development of meningitis, you may be able to recover compensation for your child's injuries and other losses. Our birth injury malpractice attorneys are prepared to thoroughly review the facts of your case and discuss how we can help you recover compensation to cover the cost of medical bills and other injury-related expenses.
Evidence Used to Prove Liability in Birth Injury Cases
To prove a birth injury lawsuit, your lawyer must gather multiple types of supporting evidence, witness statements, and expert testimony. It is important to keep in mind that the evidence your attorney will collect to prove a doctor, hospital, or another party committed medical negligence will depend on the specific facts of your case. A medical malpractice attorney can collect the following types of evidence on your behalf.
The mother's and newborn's medical records
Records of the infant's birth injury and any follow-up care
Medical bills
Physician, nursing, and operative notes
Imaging tests, including X-rays and MRIs
Testimony from various medical experts (physicians, nurses, financial experts)
A copy of the hospital's orders, policies, and records
The employment and disciplinary records of anyone involved in caring for the mother and her newborn
Statements from anyone involved in the labor and delivery process
Any documentation that describes complications and co-existing conditions
Any past complaints filed against the negligent healthcare provider
Testimony from experts is essential to establishing that the healthcare provider's actions or inactions directly caused your child’s birth injury and damages in question. For example, a medical expert might explain that an infant suffered brain damage from bacterial meningitis by pointing out that the medical professional's failure to test a pregnant mother for Group B strep at the appropriate stage caused her to transmit the infection to her newborn.
An attorney will also likely obtain testimony from financial experts who can estimate what the total costs of damages attached to your child's meningitis will likely be throughout their lifetime. By contacting our compassionate medical malpractice lawyers as soon as possible, parents of a child affected by a preventable birth injury can make sure their chances of recovering sufficient financial compensation are fully protected.
Available Compensation in Birth Injury Cases
Securing monetary compensation from a birth injury settlement can assist families of children affected by meningitis-related complications in providing the resources their child needs to reach their full potential. A medical malpractice attorney can help you receive the compensation you deserve for the following damages.
Economic Damages Include
Medical expenses (including the cost of future care)
Costs for counseling
The cost of rehabilitation and therapy (physical, speech, occupational)
Lost income of parents who must take time off work to care for their child (including future loss of income)
Lost future earning capacity if the child's injury prevents them from being able to work in the future
Costs associated with modifying your home or vehicle (motorized wheelchair lifts, bathtub handholds, "alert" devices)
The cost of mobility assistive devices (walkers, gait trainers, canes, and crutches)
The cost of adaptive technology (digital communication boards, speech-generating devices, and hearing aids)
The cost of other specialized equipment
Special education and behavioral therapy costs
Non-Economic Damages Include
Pain and suffering
Physical disfigurement and permanent scarring
Reduced quality of life
Post-traumatic stress disorder (PTSD)
Emotional anguish and distress
Paralysis
Loss of companionship, care, or support
Punitive damages, often called exemplary damages, are awarded in birth injury cases where healthcare provider actions were intentional or especially reckless. These damages are designed to punish the negligent party for their grossly negligent behavior and deter others from acting the same way in the future.
To secure punitive damages, your birth injury lawyer must provide clear and convincing evidence that the healthcare provider's conduct was intentionally harmful or extremely reckless. It is essential to keep in mind that each birth injury case is unique, and the value of your potential settlement award will depend on the specifics of your child's injury and other factors, such as the extent of medical expenses you've incurred due to the injury and the effects on the child's quality of life. Our attorneys can help you calculate and determine the amount of your potential payout.
Birth Injury Statute of Limitations
The statute of limitations (SOL) sets a time limit for when a birth injury victim must file a lawsuit against a negligent hospital or healthcare provider. Statutes of limitations vary based on the state where you're filing your case and the type of case you're filing. Generally, the clock starts ticking on the date of harm. However, the discovery rule provides an exception to the statute of limitations by allowing birth injury victims to file a claim from the date the injury was discovered or reasonably should have been discovered.
SOLs can become even more complicated when dealing with government agencies. For example, if the party that injured you was:
A Federal Employee
Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity
You may be required to file a birth injury claim under the Federal Tort Claims Act (FTCA). Before filing a lawsuit in FTCA cases, claimants must go through certain administrative procedures. It may be necessary to give notice sooner in certain states if the negligent party is a hospital operated by a local or state government or if the doctors or medical providers are employees of a governmental entity.
Cases filed outside the statute of limitations are typically dismissed, and you will be unable to recover compensation if you miss your deadline. Identifying when your case's statute of limitations begins can be tricky. A birth injury attorney is your best resource if you're considering pursuing compensation for your child's birth injury.
Our Experienced Birth Injury Lawyers Can Help
After getting your child the care and treatment, they need, you should call the medical malpractice lawyers at Miller Weisbrod Olesky who can review your case and help you hold healthcare providers and facilities accountable for their negligent actions. Our nationally-recognized birth injury law firm is led by firm founder Les Weisbrod, who has achieved a clear track record of success representing the families of children with birth injuries in his 40 years of law practice.
Once you hire our law firm, our team of medical malpractice lawyers, registered nurses, and nurse attorneys will begin investigating the facts of your case to determine how and why your child suffered a birth injury from meningitis-related complications. We offer free consultations and handle cases on a contingency fee, meaning you pay no money unless we successfully recover compensation for you and your child. Let us help you ease the stress of providing for your child's care and securing a better future for your family begin by pursuing the compensation you need and deserve. Contact us by calling our toll-free line at 888-987-0005 or filling out our online form.
