Congratulations to the team of Fitzgerald Lawyers who worked on the publication of the article “ACOG Swings … & Misses – Yet Again”.

In March of 2014 the American College of Obstetrics & Gynecologists (ACOG) published a third in a trilogy of consensus opinions, entitled Neonatal Encephalopathy and Neurological Outcome (Second Edition). In each of the trilogy ACOG has attempted to define criteria which must be found in order to state that a newborn has suffered neurological injury as a result of hypoxic ischemic injury during pregnancy including labor and delivery.

ACOG Swings & Misses – Yet Again is a white paper and a guide for all plaintiffs’ attorneys who handle birth trauma cases. The prestigious Birth Trauma Litigation Journal of the American Association for Justice, published this important article in its July 2015 edition.

ACOG Swings & Misses – Yet Again points out that this latest attempt by ACOG to  establish criteria for injury is misguided and misleading. It was simply written as a document to assist in the defense of obstetrical negligence cases.

The “ACOG Swings” article points out that ACOG did no systematic review of the literature and therefore does not qualify as a “meta-analysis”  which is essential for providing the scientific basis (empirical evidence) for the diagnosed criteria they set forth. The ACOG publication is not part of a study and is not a review of the studies and there is no methodology set forth as to how the ACOG Task Force came to the conclusions that it sets forth.

As such the ACOG publication is not only worthless as a guide to practicing OB/GYNs, it is misleading as well. It will result in more children suffering brain damage secondary to hypoxic ischemic injury.