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Greetings!
At Taylor, Warren & Weidner, we are dedicated to assisting those who need legal guidance. All of our firm's attorneys began practicing law with the goal of helping people and that vision remains today. With that vision in mind, we are poised to dedicate our knowledge and resources to you through this monthly newsletter.
Sincerely, Taylor, Warren & Weidner, P.A. 850-438-4899 |
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Breaking Baby: Complications From Brachial Plexus Injuries
The impending birth of a newborn is cause for great celebration and joy. Babies embody our greatest hopes and expectations as we optimistically look forward to their future. The brightness of that future can be dimmed, however, when complications occur during the labor and delivery of the baby. Due to the miracle of modern science, most babies are born free from injury, but those babies who do incur injuries can suffer negative health effects throughout the course of their lives. One of the most damaging injuries that babies can suffer during delivery is a brachial plexus injury.
The brachial plexus (BRAY-key-el PLEK-sis) is a network of nerves found near the neck which run along and down the arm into the fingers. These nerves provide movement and feeling to the arm, hand and fingers. Injuries to the brachial plexus can result in temporary or permanent weakness to those body parts.
One of the most common causes of brachial plexus injuries occurs when the health-care provider mismanages a shoulder dystocia, "stuck shoulder." Shoulder dystocia occurs when an infant's shoulders become stuck as the baby exits the birth canal. When this occurs, doctors and nurses can panic and in their haste to remove the baby, they can use inappropriate techniques that result in injury. Less severe injuries, known as neurapraxia, result in the nerves being "shocked" but this damage is usually temporary and will heal on its own within a few months. Other progressive levels of increasing severity can occur and the most serious injury is when the nerve is completely torn from the spinal cord. This is called an avulsion.
Brachial plexus injuries can be diagnosed by your pediatrician, but a more extensive work up is generally done by a pediatric neurologist. Babies who suffer brachial plexus injuries often have the following symptoms:
- Little or no muscle control and little or no feeling in the arm or hand
- Little control over the wrist and hand
- Inability to use the shoulder or elbow muscles
- Inability to use the fingers
- Limp or paralyzed arm
No one wants to believe that their child has been injured during childbirth. If your child is experiencing any of the symptoms mentioned above, you need to seek the advice of a competent pediatrician immediately. The sooner your child receives treatment, the more likely he or she will recover.
Research shows that almost all brachial plexus injuries are the result of the forces applied by the delivering health-care provider trying to deliver the baby. Labor and delivery are difficult medical situations, and injuries can occur even when the doctor exercises appropriate technique and judgment. If your child has been injured, however, you should seek the advice of an experienced medical malpractice attorney who can evaluate your case, and help you seek the medical treatment your child deserves.
The competent and caring attorneys at Taylor, Warren & Weidner, P.A. have experience handling difficult brachial plexus cases, and they will help you hold medical providers accountable for their negligent actions.
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Most Common Types of Birth Injuries
Birth injuries do not happen very frequently and most injuries that do occur are not a result of medical malpractice. Many doctors are very conscientious and medical science has evolved to minimize risk of birth injuries.
However, when birth injuries do occur, they can cause severe health problems for the child, not only in childhood, but also throughout their entire life. We have included a list of some of the most common types of birth injuries:
Brachial Palsy - This occurs when the nerves that control movement of the arms and hands are injured. This damage often occurs as a result of the doctor's efforts to resolve a shoulder dystocia (stuck shoulder).
Fractured Clavicle - This is the most common fracture that occurs during labor and delivery. It often occurs when a baby is delivered breach (backwards).
Fractured Femur - A broken leg can occur if the newborn is twisted awkwardly during childbirth.
Cephalohematoma - This is bleeding that occurs underneath the cranial bones and appears as a raised bump on the head. This condition will normally resolve itself within 2-3 weeks; but, severe cases can lead to jaundice and other complications.
Bruising - Some bruising may occur naturally as the baby passes through the birth canal, but other types of bruising caused by the use of forceps and vacuum extraction can be prevented. In severe cases, the use of these tools can cause permanent damage.
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Case Spotlight
Life Insurance Claim: Validation for a Family Who Did Not Give Up
 The unexpected death of a loved one is always a difficult time. Having an insurance company deny a valid life insurance claim only makes this difficult time worse. However, imagine if the insurance company accused your loved one of doing something improper simply as a means to deny a claim and save the company money.
Recently, Phillip Warren and his team at Taylor, Warren & Weidner successfully resolved such a dispute. A family reached out to Mr. Warren after their loved one passed away and a life insurance company not only denied their claim, but also accused the loved one of ingesting an overdose of drugs. Because the family absolutely knew that the loved one would never do such a thing, the mere accusation of a drug overdose was quite distressing and blatantly offensive.
The insurance company relied on erroneous information and an unreliable test to allege that the death was the result of a drug overdose. Fortunately for this family, Phillip Warren has significant experience with procedures for performing examinations of the recently deceased. Mr. Warren reached out to one of the leading medical examiners in the country (someone you have likely seen on television). Together, Mr. Warren and the medical doctor were able to determine how the erroneous information came about. More importantly, they were able to clear the name of his clients' loved one and validate their beliefs. Their loved one did not die as a result of a drug overdose.
Mr. Warren then contacted the local medical examiner who performed the autopsy. Mr. Warren explained what he had uncovered and the medical examiner agreed. The medical examiner amended their report and determined that natural causes led to the death of the loved one--not a drug overdose. This report was immediately provided to the insurance company.
Despite having irrefutable evidence that Mr. Warren's clients' loved one died of natural causes, the insurance company refused to pay the life insurance benefits to the family. Mr. Warren and the family refused to accept this answer. They immediately filed suit seeking help from the courts.
The lawsuit sought the life insurance benefits the insurance company promised to pay when the policy was first issued. The insurance company had no problem accepting the premium payments for the policy. However, when they were asked to pay a covered claim, they dug in their heels and absolutely refused. To make matters even more unbelievable, it was discovered during the phases of discovery that the policy did not even give the insurance company the right to deny the claim for the reasons they cited--drug overdose.
The insurance company's lawyer eventually contacted Mr. Warren after the lawsuit was filed. Mr. Warren pointed out the insurance company's improper legal position and the overwhelming evidence that supported the family's position. The two lawyers were then able to reach an early settlement. The insurance company agreed to pay a confidential settlement to the family.
Not only did Mr. Warren obtain life insurance benefits for his clients, he and his team were able to clear the name of the family member who passed away. It was this last fact that the family understandably appreciated the most. If you or a loved one has had a claim denied, contact us before giving up. We review every claim denial without any fee, cost, or obligation.
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William S. Meador Award
It is our distinct honor to recognize Blythe Glemming. Blythe has been awarded the William S. Meador Award by the Escambia-Santa Rosa Bar Association. The award is given to a young attorney who demonstrates integrity in the practice of the law and a commitment to community service. This award is not given every year. The William S. Meador Award is only given if and when a candidate stands out from their peers as an exemplary attorney. Please join us in congratulating Blythe on her well-deserved recognition.
AV Preeminent Rating: Martindale-Hubbell Peer Review Rating
We would also like to recognize Phillip Warren who recently received an AV® rating. An AV rating is the highest rating awarded to attorneys under the Martindale-Hubbell peer review system. Attorneys are rated by other attorneys in the areas of ethical standards, legal knowledge, analytical capabilities, judgment, communication ability, and legal experience. An AV rating indicates that a lawyer's peers rank him or her at the highest level of professional excellence. Congratulations, Phillip!
Leadership Pensacola
Keith Weidner was nominated and selected for the LeaP Class (Leadership Pensacola) of 2014. Each year the Pensacola Chamber of Commerce selects 50 local professionals to become the region's leaders. Leadership Pensacola was founded in the fall of 1982 with the first graduating class in 1983. The Greater Pensacola Chamber established the program with a goal of ensuring the community's pool of talented leaders would be continually renewed. The selection process seeks a cross-section of the community; men and women from different career, educational, political, social and cultural backgrounds. The selection committee, comprised of LeaP Alumni, focuses on the content, quality and insight provided by nominee. Pro-Bono Awards
The Legal Services of North Florida recently recognized Stephanie Taylor and Phillip Warren for their contributions to the One Client One Promise Program. Attorneys who reported at least 20 hours of pro bono legal service to the poor in 2012 received a letter of appreciation from the Florida Supreme Court and an honorary lapel pin. Taylor, Warren & Weidner, P.A. is dedicated to giving back to the community in which we live and work. Congratulations Phillip and Stephanie.
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Attorney Spotlight
Please Welcome our Newest Attorney C. Phil Hall
Phil Hall is not your typical lawyer. Over 10 years of experience handling highly complex litigation matters in both state and federal court have given him a breadth of legal experience that has established his reputation, both with his clients and with other lawyers, as an outstanding litigator. His results speak for themselves. Through his efforts, Phil has been responsible for winning multi-million dollar verdicts and settlements for his clients. He is frequently sought out by other attorneys for his knowledge of the law and expertise both in Florida and in Alabama.
The path that Phil followed to get to where he is today has not been typical either. Phil did not go to some far away law school where he was disconnected from the practical everyday needs of real people with real problems. He went to school here in Florida. After graduating with a Bachelor of Arts Degree in English from the University of West Florida in 1998, Phil attended the University of Florida Levin College of Law, where he received his Juris Doctorate in 2002.
Following law school, Phil began practicing law in both Florida and Alabama. He is licensed to practice law in all state courts of Florida and Alabama and all federal district courts in Alabama as well as the Northern and Middle Districts of Florida. Over the years, he has expanded his practice to include wrongful death, personal injury, products liability, insurance disputes, and medical malpractice. Through it all, Phil still focuses on what matters most: the needs of his clients and the rights they have under the law. Phil spends a lot of time with his clients making sure they are well-informed and that they understand all of their legal options.
When Phil is not working, he's spending time with his wife and two sons. When he and his wife have their way, that time is spent camping, hiking, reading, cycling, swimming, cooking, and deeply appreciating the latest breakthroughs in four and five year-old crayon art. When his sons have their way, family time is spent kung-fu fighting, "beyblading," and exploring the depths of their dad's misunderstandings of the way common household items work.
When you need more than just a typical attorney, you need Phil Hall.
Please feel free to contact Phil today to set up an initial consultation.
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About Taylor, Warren & Weidner, P.A.
 From an office in Pensacola, Florida, Taylor, Warren & Weidner, P.A. ("TWW") represents individuals throughout Escambia County, Santa Rosa County and the surrounding areas. As a firm focused on helping people, we offer personalized legal services and effective client advocacy. Our firm offers legal counsel to people at times when they need it most. At TWW we have a firm culture of placing the interests of our clients first and serving those interests with professional, ethical and zealous advocacy. Preparation, devotion and resolve is the trademark of our successful firm. We are proud of our record and tradition of excellence. The firm's careful preparation and experience ensures that each case will be clearly developed and persuasively presented to achieve the most optimal level of success. At TWW we use cutting edge technology and innovative methods to develop and present our clients' cases. The lawyers and staff at Taylor, Warren & Weidner have been privileged to represent thousands of clients in resolving their legal problems. We take great pride in knowing our cases have helped victims recover from life changing events. We are proud of the fact that our advocacy has benefited our clients and changed the way insurance companies treat everyday people for the better. Our cases help improve the way products are manufactured, roads and buildings are designed and constructed, and how health care is provided. At TWW, we speak for the victims of those who have been injured by the negligence of others, treated unfairly by the powerful, and who are in need of justice. Taylor, Warren & Weidner, P.A. began with the simple vision of creating an unparalleled team of legal professionals to deliver the best results possible to clients. Our dedication to our clients has allowed us to successfully fulfill our vision and experience immediate growth. Today, TWW maintains the same results-oriented vision. The dedication to our clients continues to drive our success. While we have expanded our staff and services, we have never lost sight of the reason for our success. We hope you will give us the opportunity to show you why our clients trust us to deliver the best results possible.
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