Rh Incompatibility Brain Injury Claims NY

What Is Rh Incompatibility Brain Injury?

Rh incompatibility brain injury occurs when a preventable blood type mismatch between mother and baby leads to severe jaundice and permanent neurological damage. This condition, also called hemolytic disease of the newborn (HDN), develops when an Rh-negative mother carries an Rh-positive baby, triggering her immune system to attack the baby’s red blood cells. When left undiagnosed or untreated, the resulting buildup of bilirubin can cross into the brain, causing a condition called kernicterus that results in cerebral palsy, hearing loss, intellectual disabilities, and other lifelong impairments.

Despite being almost entirely preventable with proper prenatal care and a simple medication called RhoGAM, 276 newborns per 100,000 live births globally still experience hemolytic disease each year, with 13% developing kernicterus. In developed countries with adequate screening, the rate has dropped to 2.5 per 100,000 births. However, medical errors including failure to test blood types, delayed treatment of jaundice, or improper administration of preventive medication can still lead to devastating brain injuries that were completely avoidable.

Understanding Blood Type Incompatibility and the Rh Factor

Blood type is determined by specific proteins called antigens that sit on the surface of red blood cells. The two main blood typing systems are ABO (which classifies blood as type A, B, AB, or O) and the Rh factor (which designates blood as either Rh-positive or Rh-negative). The Rh factor is a protein; people who have this protein are Rh-positive, while those who lack it are Rh-negative.

Rh incompatibility arises when a mother is Rh-negative and her baby is Rh-positive, inheriting the Rh factor from an Rh-positive father. While this blood type difference is common—approximately 20% of pregnancies involve some form of maternal-fetal blood group incompatibility—it only becomes dangerous when the mother’s immune system recognizes the baby’s Rh-positive blood as foreign and mounts an immune response against it.

How Rh Sensitization Occurs

During pregnancy or delivery, small amounts of the baby’s blood can cross the placenta into the mother’s bloodstream. When an Rh-negative mother is exposed to Rh-positive blood cells, her immune system identifies the Rh protein as a threat and produces antibodies called anti-D antibodies to destroy these cells. This initial exposure, called sensitization, typically doesn’t harm the first baby because antibody production takes time to build up.

The danger emerges in subsequent pregnancies. Once sensitized, the mother’s immune system “remembers” the Rh antigen and produces IgG antibodies much more rapidly and aggressively. These antibodies are small enough to cross the placenta and attack the red blood cells of future Rh-positive babies, breaking them down faster than the baby’s body can replace them. This condition is called hemolytic disease of the fetus and newborn (HDFN) or erythroblastosis fetalis.

ABO Incompatibility: A Related Condition

ABO incompatibility is another form of blood type mismatch that occurs when a mother with type O blood carries a baby with type A, B, or AB blood. While this affects about 20% of pregnancies, only about 1% develop clinically significant disease. ABO incompatibility generally causes milder problems than Rh disease because the naturally occurring anti-A and anti-B antibodies in type O mothers are primarily IgM antibodies, which are too large to easily cross the placenta. Unlike Rh disease, ABO incompatibility can occur even in first pregnancies.

How Rh Incompatibility Causes Brain Damage

The pathway from Rh incompatibility to brain injury involves a cascade of events that begins with red blood cell destruction and ends with toxic bilirubin accumulation in sensitive brain tissue. Understanding this mechanism is crucial for recognizing why early detection and intervention are so critical.

The Role of Hemolysis and Bilirubin

When maternal antibodies attack and destroy the baby’s red blood cells, a process called hemolysis, the body breaks down hemoglobin from these cells into a yellow pigment called bilirubin. Normally, the liver processes bilirubin and eliminates it through bile. However, when red blood cells are destroyed faster than the newborn’s immature liver can process the resulting bilirubin, levels build up in the bloodstream—a condition called hyperbilirubinemia.

This buildup causes jaundice, the yellowing of the skin and eyes that is common in many newborns. While mild jaundice is usually harmless and resolves on its own, severe hyperbilirubinemia from hemolytic disease is dangerous. When unconjugated bilirubin levels exceed 25 mg/dL, the risk of bilirubin entering the brain and causing permanent damage increases dramatically.

Kernicterus: Bilirubin Brain Toxicity

Kernicterus, also called bilirubin encephalopathy, occurs when high levels of unconjugated bilirubin cross the blood-brain barrier and deposit in brain tissue. Because unconjugated bilirubin is fat-soluble, it can penetrate the protective barrier that normally shields the brain from toxins. Once inside, bilirubin accumulates in specific brain regions, particularly the basal ganglia, which control movement and coordination.

At the cellular level, bilirubin causes severe damage by interfering with mitochondrial function, the energy-producing centers of cells. It inhibits oxidative phosphorylation, the process cells use to generate energy, and triggers the release of calcium ions that promote apoptosis—programmed cell death. This cascade of damage destroys neurons in critical brain regions, leading to permanent neurological impairment.

Risk Factors for Rh Incompatibility and Severe Jaundice

While any Rh-negative mother carrying an Rh-positive baby faces potential incompatibility, certain factors increase the risk of severe hemolytic disease and kernicterus. Healthcare providers should identify these risk factors during prenatal care and monitor high-risk pregnancies more closely.

Research shows that 0.27% of women with an Rh-incompatible fetus experience alloimmunization (development of antibodies), and the risk of death and stillbirths among affected newborns is 24% and 11%, respectively. These sobering statistics underscore why proper screening and prevention are not optional components of prenatal care—they are medical necessities.

Recognizing the Signs and Symptoms

Early recognition of hemolytic disease and severe jaundice is critical because treatment is most effective when started promptly. Healthcare providers and parents should be alert for both prenatal warning signs and postnatal symptoms that indicate a baby may be developing dangerous bilirubin levels.

Prenatal Indicators of Hemolytic Disease

During pregnancy, several findings may suggest the fetus is experiencing hemolytic disease:

• Elevated antibody titers: Rising levels of anti-D or other blood group antibodies in maternal blood tests
• Increased middle cerebral artery blood flow: Detected on ultrasound, this indicates fetal anemia
• Hydrops fetalis: Severe form with fluid accumulation in fetal body cavities, visible on ultrasound
• Enlarged fetal liver or spleen: Sign that the fetus is trying to produce more red blood cells
• Polyhydramnios: Excessive amniotic fluid can accompany severe cases

Early Warning Signs in Newborns

After birth, parents and medical staff should watch for these symptoms that may indicate dangerous bilirubin levels:

Any newborn exhibiting jaundice within the first 24 hours of life requires immediate medical evaluation and bilirubin testing. Medical guidelines recommend a check-up for all infants discharged within 48 to 72 hours of birth specifically to identify rising bilirubin levels before neurological damage occurs.

Important Note on Jaundice Detection: Jaundice can be more difficult to detect in babies with darker skin tones. Healthcare providers should press gently on the baby’s forehead or chest—if the skin appears yellow where it was pressed, jaundice is present. Checking the whites of the eyes and gums is also helpful. Never rely on visual assessment alone; bilirubin blood tests provide definitive diagnosis.

Diagnostic Testing for Rh Incompatibility

Proper diagnosis requires a combination of prenatal screening, postnatal blood tests, and monitoring protocols. The standard of care mandates specific tests at defined intervals to identify incompatibility risks and catch hemolytic disease before it causes harm.

Prenatal Screening Tests

Blood type and antibody screening should occur at the first prenatal visit and again at 28 weeks gestation:

• Maternal blood typing: Determines ABO blood type and Rh status (positive or negative)
• Antibody screening (indirect Coombs test): Detects presence of blood group antibodies in maternal circulation
• Antibody identification and titration: If antibodies are detected, determines which specific antibodies and their concentration
• Paternal blood typing: If mother is Rh-negative, father’s blood type helps determine if baby could be Rh-positive
• Cell-free fetal DNA testing: Non-invasive blood test can determine fetal Rh status from maternal blood sample
• Middle cerebral artery Doppler: Ultrasound measurement of blood flow velocity predicts fetal anemia

If antibody titers rise to concerning levels, additional monitoring or intervention may be needed, including amniocentesis to measure bilirubin in amniotic fluid or intrauterine blood transfusion for severe fetal anemia.

Newborn Testing Protocols

Immediately after birth, healthcare providers should perform these tests on babies at risk for hemolytic disease:

• Newborn blood typing: Confirms baby’s ABO and Rh blood type
• Direct Coombs test (DAT): Detects antibodies coating baby’s red blood cells, confirming hemolytic disease
• Total and indirect bilirubin levels: Measures severity of hyperbilirubinemia
• Complete blood count (CBC): Evaluates degree of anemia and presence of immature red blood cells (reticulocytes)
• Blood smear: Microscopic examination reveals red blood cell destruction patterns

Bilirubin levels should be plotted on a nomogram—a chart that shows risk zones based on the baby’s age in hours. This tool helps determine whether intervention is needed and how urgently. For babies with hemolytic disease, bilirubin levels often need to be rechecked every 4-6 hours to ensure they aren’t rising dangerously fast.

Prevention: RhoGAM and Other Interventions

The development of Rh immunoglobulin (RhoGAM) in 1968 represents one of medicine’s great success stories. Since its introduction, Rh immunoglobulin prophylaxis has reduced Rh-induced hemolytic disease by 80-90%. When administered properly, this simple intervention prevents sensitization with approximately 99% effectiveness.

How RhoGAM Works

RhoGAM is a concentrated solution of anti-D antibodies derived from human plasma. When given to an Rh-negative mother, these antibodies circulate in her bloodstream and bind to any Rh-positive fetal blood cells that have entered her circulation. By coating these cells, RhoGAM marks them for rapid removal by the mother’s spleen before her own immune system can recognize them as foreign and begin producing its own antibodies. Essentially, RhoGAM “mops up” fetal cells before maternal sensitization can occur.

Standard RhoGAM Administration Protocol

Current guidelines recommend Rh immunoglobulin administration at specific times:

Failure to administer RhoGAM at appropriate times represents a clear departure from the standard of care. When healthcare providers miss these opportunities for prevention, they may be liable for medical malpractice if the mother becomes sensitized and a subsequent baby suffers brain injury from hemolytic disease.

Treatment Options for Hemolytic Disease and Jaundice

When prevention fails or hemolytic disease develops despite prophylaxis, prompt treatment can prevent or minimize brain damage. Treatment intensity depends on bilirubin levels, rate of rise, and the baby’s risk factors. Multiple treatment modalities exist, ranging from simple phototherapy to complex exchange transfusions.

Phototherapy: First-Line Treatment

Phototherapy uses specific wavelengths of blue-green light (450-490 nanometers) to convert bilirubin in the skin into water-soluble isomers that can be excreted in urine and stool without liver processing. Babies are placed under special lights wearing only a diaper and protective eye shields.

Intensive phototherapy involves:

• High-intensity lights positioned close to the baby’s skin
• Maximum skin surface exposure
• Continuous treatment with minimal interruptions for feeding
• Regular monitoring of bilirubin levels every 4-6 hours
• Maintaining adequate hydration to support excretion

Phototherapy typically reduces bilirubin by 1-2 mg/dL within 4-6 hours in term infants. For babies with hemolytic disease, phototherapy is usually started preventively even if bilirubin levels aren’t yet in the treatment range, because levels can rise rapidly. Fiberoptic phototherapy blankets, which wrap around the baby, can be used alongside overhead lights for maximum effectiveness.

Exchange Transfusion: Life-Saving Intervention

When bilirubin levels reach dangerous thresholds or rise despite intensive phototherapy, exchange transfusion becomes necessary. This procedure involves slowly removing the baby’s blood in small aliquots and replacing it with donor blood, effectively removing bilirubin-laden blood cells and maternal antibodies while providing fresh, compatible red blood cells.

Exchange transfusion is typically performed when bilirubin levels exceed 20-25 mg/dL or when levels are rising rapidly despite phototherapy. The procedure can reduce bilirubin levels by approximately 50% and removes about 85% of circulating antibodies. While exchange transfusion carries risks including infection, electrolyte imbalances, and blood pressure fluctuations, it remains the most effective treatment for preventing kernicterus when bilirubin reaches critical levels.

Intravenous Immunoglobulin (IVIG)

For babies with immune-mediated hemolytic disease (from Rh or ABO incompatibility), IVIG can reduce the severity of hemolysis. IVIG works by blocking the antibody receptors on cells in the baby’s spleen and liver that would normally remove antibody-coated red blood cells, thereby slowing the destruction of red blood cells and reducing bilirubin production.

IVIG is typically given when bilirubin is rising despite phototherapy but hasn’t yet reached exchange transfusion levels. Studies show IVIG can reduce the need for exchange transfusion by approximately 25% in babies with immune hemolytic disease.

Intrauterine Transfusion for Severe Fetal Anemia

When severe hemolytic disease is detected before birth, intrauterine transfusion can treat fetal anemia while still in the womb. Using ultrasound guidance, specialists inject red blood cells directly into the fetal abdomen or umbilical vein. This procedure can be repeated multiple times if necessary and may continue until the fetus is mature enough for early delivery.

Long-Term Effects of Kernicterus and Brain Injury

Children who develop kernicterus face lifelong challenges that affect nearly every aspect of their lives. The pattern of brain damage in kernicterus is distinctive, primarily affecting the basal ganglia, auditory pathways, and certain brainstem nuclei. This specific pattern produces a recognizable constellation of disabilities.

Neurological and Developmental Impairments

The most common long-term effects of kernicterus include:

• Movement disorders: Cerebral palsy (particularly athetoid type) with involuntary writhing movements, difficulty controlling voluntary movements, and problems with balance and coordination
• Hearing loss: Sensorineural hearing loss is the most common permanent effect, ranging from mild to profound deafness. Hearing impairment occurs in a majority of children with kernicterus and often affects the ability to hear mid-range frequencies crucial for speech understanding
• Cognitive impairments: Intelligence may range from normal to severely impaired, with many children experiencing learning disabilities, memory problems, and attention deficits
• Visual impairments: Difficulty with upward gaze (upgaze palsy), problems with visual tracking, and in severe cases, cortical visual impairment
• Dental enamel hypoplasia: Underdeveloped tooth enamel leading to increased cavities and dental problems
• Speech and language delays: Both from hearing loss and from motor control difficulties affecting the muscles needed for speech

Impact on Daily Life and Functioning

The combination of these impairments creates significant challenges:

Financial Impact on Families

The lifetime costs of caring for a child with kernicterus-related brain injury are substantial. Families typically face expenses including:

• Ongoing medical care and specialist appointments
• Multiple therapies (physical, occupational, speech, behavioral)
• Assistive technology and adaptive equipment
• Home and vehicle modifications for accessibility
• Special education services and tutoring
• Lost wages when parents must reduce work to provide care
• Long-term care needs extending into adulthood

Studies estimating the lifetime cost of cerebral palsy—one of the primary outcomes of kernicterus—suggest expenses can exceed $1 million per person when accounting for medical care, therapy, special education, lost productivity, and caregiving needs.

Medical Malpractice and Rh Incompatibility

Given that Rh incompatibility brain injury is almost entirely preventable, cases where children develop kernicterus often involve medical negligence. Healthcare providers have clear, well-established duties to identify blood type incompatibilities, provide appropriate preventive treatment, monitor for signs of hemolytic disease, and treat jaundice promptly and appropriately.

Standard of Care Requirements

The medical standard of care for preventing Rh incompatibility-related brain injury includes:

• Initial prenatal visit: Blood typing and antibody screening for all pregnant women
• 28 weeks gestation: Repeat antibody screening and administration of RhoGAM to Rh-negative women
• After potentially sensitizing events: RhoGAM administration within 72 hours of events like miscarriage, amniocentesis, or trauma
• After delivery: Newborn blood typing and Coombs testing when mother is Rh-negative or has blood group antibodies
• Before discharge: Bilirubin assessment and risk stratification for all newborns
• Follow-up: Scheduled follow-up within 1-2 days of discharge for at-risk infants
• Prompt treatment: Immediate intervention with phototherapy or other treatments when bilirubin reaches concerning levels

Common Forms of Medical Negligence

Medical errors leading to Rh incompatibility brain injury often fall into these categories:

Diagnostic Challenges and Disparities

One particularly concerning form of negligence involves failure to diagnose jaundice in babies with darker skin tones. Visual assessment of jaundice is more difficult in infants with brown or black skin, where the yellow discoloration may be less obvious. Healthcare providers who rely solely on visual inspection rather than objective bilirubin testing may miss dangerous hyperbilirubinemia in darker-skinned newborns, leading to delayed treatment and increased risk of brain injury.

This represents both medical negligence and a health disparity issue. Providers have a duty to use objective testing methods rather than relying on visual assessment alone, particularly in populations where jaundice may be harder to detect visually.

Documentation and Communication Failures

Cases also arise from inadequate communication and documentation:

• Failing to communicate antibody screening results to delivering hospital
• Inadequate discharge instructions about monitoring for jaundice
• Not clearly communicating follow-up plans to parents
• Missing handoff communication between providers during shift changes
• Inadequate documentation of risk factors in medical records

Proving Medical Malpractice in Rh Incompatibility Cases

Establishing medical malpractice in Rh incompatibility cases requires proving four essential elements: duty, breach, causation, and damages. In these cases, the medical records typically provide clear documentation of whether appropriate care was delivered.

Elements of a Malpractice Claim

Duty: Healthcare providers owe pregnant women and their babies a duty to provide care that meets accepted medical standards. This duty includes proper screening, prevention, monitoring, and treatment related to blood type incompatibility.

Breach: The provider violated the standard of care by failing to take action that a reasonably competent provider would have taken. Examples include not ordering blood type screening, missing RhoGAM administration, or failing to treat jaundice appropriately.

Causation: The breach of duty directly caused the child’s brain injury. Medical records, bilirubin levels, and timing of interventions typically establish this connection. If records show dangerous bilirubin levels that went untreated, or evidence of Rh incompatibility that was never addressed with prophylaxis, causation is often clear.

Damages: The child suffered actual harm—brain injury leading to cerebral palsy, hearing loss, developmental delays, or other permanent impairments. Medical records, therapy reports, and expert evaluations document these damages.

Critical Evidence in These Cases

Key evidence in Rh incompatibility malpractice cases includes:

• Prenatal records showing (or lacking) blood type and antibody testing
• Documentation of RhoGAM administration or lack thereof
• Labor and delivery records
• Newborn blood type and Coombs test results
• Serial bilirubin levels and timing of tests
• Phototherapy records (start time, duration, interruptions)
• Discharge instructions and follow-up plans
• Neurological assessments and imaging studies
• Long-term developmental evaluations and diagnoses

Expert medical testimony is typically required to establish that the care provided fell below acceptable standards and that this substandard care caused the child’s injuries. Birth injury attorneys work with maternal-fetal medicine specialists, neonatologists, pediatric neurologists, and other experts to build these cases.

Compensation Available in Birth Injury Cases

When medical malpractice causes a child to suffer preventable brain injury from Rh incompatibility, compensation through a lawsuit can help families access the resources needed for their child’s lifetime care and support. New York law recognizes several categories of damages in birth injury cases.

Economic Damages

These compensate for actual financial losses, both past and future:

• Medical expenses: Past and future costs of hospitalization, surgery, physician visits, emergency care, medications, and medical equipment
• Therapy and rehabilitation: Physical therapy, occupational therapy, speech therapy, and other specialized treatments needed throughout the child’s life
• Special education: Costs of special education services, tutoring, educational therapy, and adaptive learning materials
• Assistive devices: Wheelchairs, hearing aids, communication devices, and other equipment needed for daily functioning
• Home and vehicle modifications: Ramps, widened doorways, accessible bathrooms, and vehicle adaptations
• Long-term care: Future caregiving needs, including potential residential care in adulthood
• Lost earning capacity: The child’s reduced ability to earn income in the future due to disabilities
• Parental lost wages: Income lost when parents must reduce work hours or leave employment to care for the child

Non-Economic Damages

These address intangible losses:

• Pain and suffering experienced by the child
• Loss of enjoyment of life and normal childhood experiences
• Emotional distress and mental anguish
• Loss of companionship and parental consortium

Unlike some states, New York does not cap non-economic damages in medical malpractice cases, allowing juries to award compensation that reflects the true extent of the harm suffered.

Life Care Plans and Future Damages

In cases involving permanent disabilities like those resulting from kernicterus, attorneys work with life care planners—typically registered nurses with expertise in long-term care needs—to develop comprehensive plans detailing all future medical care, therapy, equipment, and support services the child will require throughout their lifetime. These plans, combined with economic testimony about the cost of providing these services over the child’s life expectancy, form the basis for calculating future damages.

Time Limits for Filing a Birth Injury Lawsuit in New York

New York law imposes strict deadlines, called statutes of limitations, for filing medical malpractice lawsuits. Missing these deadlines typically means losing the right to pursue compensation, no matter how strong your case may be. Birth injury cases have specific rules that differ from standard medical malpractice claims.

Statute of Limitations for Minors

Under New York law, the standard statute of limitations for medical malpractice is two years and six months from the date of the alleged malpractice or from the end of continuous treatment. However, when the victim is a minor (under 18 years old), special rules apply.

For birth injuries, families generally have until the child’s 10th birthday to file a lawsuit. This extended period recognizes that the full extent of a child’s injuries may not become apparent until years after birth, as developmental delays and disabilities emerge over time.

Important Exceptions and Considerations

Several factors can affect these deadlines:

• Continuous treatment: If the child continues receiving treatment from the provider who committed malpractice, the statute of limitations may be extended
• Foreign objects: Different rules apply in cases involving foreign objects left in the body
• Fraudulent concealment: If the provider actively concealed the malpractice, the timeline may be extended
• Government hospitals: Claims against municipal hospitals require filing a notice of claim within 90 days, followed by a lawsuit within one year and 90 days

Given the complexity of these rules and the importance of preserving evidence while memories are fresh, families should consult with a birth injury attorney as soon as they suspect medical negligence may have played a role in their child’s condition. Early consultation allows attorneys to secure medical records, identify expert witnesses, and begin building the case while staying well within applicable deadlines.

Steps to Take If Your Child Was Affected

If you believe your child suffered brain injury from undiagnosed or untreated Rh incompatibility, taking certain steps can protect both your child’s health and your legal rights.

Medical and Developmental Steps

1. Obtain comprehensive medical evaluation: Have your child evaluated by appropriate specialists including pediatric neurologists, audiologists, developmental pediatricians, and others who can thoroughly document the extent of injury and disabilities
2. Request complete medical records: Obtain copies of all prenatal records, labor and delivery records, newborn hospital records, and any subsequent medical care related to jaundice or developmental concerns
3. Begin early intervention services: Children under three years old may qualify for state-funded early intervention services. Older children may need special education services through their school district
4. Document everything: Keep detailed records of all medical appointments, therapy sessions, developmental milestones (or delays), and related expenses
5. Establish ongoing care: Ensure your child has regular follow-up with appropriate specialists who can address emerging needs as your child grows

Legal Steps

1. Consult a birth injury attorney: Speak with a lawyer experienced in medical malpractice and birth injury cases as soon as possible
2. Preserve evidence: Do not discard any medical records, bills, correspondence, or other documents related to your pregnancy, delivery, and your child’s care
3. Do not sign releases: Before signing any documents from hospitals, insurance companies, or healthcare providers, consult with an attorney
4. Be mindful of deadlines: Even with extended statutes of limitations for minors, earlier action is generally better for preserving evidence and witness memories
5. Understand the process: Birth injury cases can be complex and time-consuming. An experienced attorney can guide you through the process and handle the legal work while you focus on your child’s needs

Living with Kernicterus: Resources and Support

Families raising children with kernicterus-related disabilities benefit from connecting with resources, support services, and other families facing similar challenges.

Medical and Therapeutic Resources

• Cerebral palsy clinics: Multidisciplinary clinics that coordinate care across multiple specialists
• Audiology services: Regular hearing assessments and hearing aid management
• Therapy services: Physical, occupational, and speech therapy through medical providers or school systems
• Assistive technology specialists: Professionals who can evaluate and recommend communication devices, mobility equipment, and other assistive technology
• Developmental pediatricians: Specialists who can coordinate care and address developmental concerns

Educational Resources

• Early intervention programs: State-funded services for children birth to three years with developmental delays
• Special education services: Schools must provide appropriate educational services under IDEA (Individuals with Disabilities Education Act)
• Individualized Education Programs (IEPs): Customized educational plans that outline specific services and accommodations
• Transition planning: Services to help prepare teenagers for adult life, employment, and independent living

Financial Assistance Programs

• Supplemental Security Income (SSI): Monthly payments for children with disabilities whose families meet income requirements
• Medicaid: Healthcare coverage for eligible children with disabilities
• State disability programs: Various state-specific programs that may provide equipment, respite care, or other services
• Nonprofit organizations: Groups that may provide financial assistance for specific equipment or services

Conclusion: Protecting Babies from Preventable Brain Injury

Rh incompatibility brain injury represents one of medicine’s most frustrating scenarios—a devastating, lifelong disability that is almost entirely preventable with proper care. The development of RhoGAM in 1968 should have nearly eliminated kernicterus from blood type incompatibility, yet cases continue to occur when healthcare providers fail to follow established protocols for screening, prevention, and treatment.

Every Rh-negative pregnant woman deserves blood type testing, antibody screening, and timely administration of RhoGAM. Every newborn at risk for hemolytic disease deserves careful monitoring for jaundice, prompt bilirubin testing, and immediate treatment when levels rise. These are not optional elements of care—they are fundamental standards that protect babies from permanent neurological damage.

When medical providers fail in these duties and a child suffers brain injury as a result, families deserve accountability and compensation to help provide for their child’s lifetime needs. While no amount of compensation can undo the harm or restore lost abilities, it can help ensure the child receives the best possible medical care, therapy, education, and support services to reach their maximum potential despite their disabilities.

If you believe your child was harmed by medical negligence related to Rh incompatibility or kernicterus, consulting with an experienced birth injury attorney can help you understand your legal options. With proper legal advocacy, many families have secured the resources needed to provide comprehensive care for their children while holding negligent providers accountable for preventable injuries.