What is Cerebral Palsy? Cerebral palsy is a disorder that usually occurs during pregnancy or during childbirth. Lack of oxygen to the brain causes brain damage to areas of the brain that regulate muscle movement. The lack of oxygen can occur due to a number of factors, and in some cases, it can be the fault of the medical team during the time of delivery. Cerebral palsy is a difficult condition to live with for children. They will never be able to live as other children, play openly, nor will they be as free as other children will. Parents also have a difficult time giving their child adequate care and must supervise their child at all times. This can be stressful for parents and on any of the other children in the household. Malpractice of the Medical Team When cerebral palsy is considered the fault of the doctors or the… Continue Reading
Category Archives: Cerebral Palsy
Subscribe to Cerebral Palsy RSS FeedTremendous Expenses Related To Disabled Child Care
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeRaising a child with disabilities can have enormous costs for the family. Beyond the cost emotional, mentally and physically, the financial burden can be tremendous as well. Even with health care insurance and even government assistance, there are many out of pocket expenses that are just not covered. Specialized Medical Equipment Necessary To Care For Disabled Children Depending on the severity of the disability, there are many devices and equipment that may be needed to properly care for a disabled child. Keeping in mind that a disabled child may never be able to be on their own, these are ongoing costs that can be for the entire life of the child. Some equipment that may be needed: Wheelchairs, walkers, braces and other mobility equipment Protective gear, such as helmets, guard rails and car seats Special bedding, mattress protectors and bedding rails Medical equipment, which includes too many items to list… Continue Reading
Is Medical Care Getting Safer? Or Are Fewer People Filing Claims?
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeAccording to the National Practitioner Data Bank (NPDB) data, 2011 had the lowest amount of reported medical malpractice lawsuits since 1991. This information on the surface suggests that medical practice has improved, thus leading to fewer claims. Both consumer advocate groups and tort reform groups, usually on opposing sides, agree that the numbers are misleading. Why Are The Numbers Lower? Although it would be wonderful to think that these claims are lower due to increased health care standards, there are other reasons these numbers have decreased. Although no one can say for sure, there are a few theories on the reasons. Less claims being filed. Due to litigation restrictions, it is thought that many malpractice claims are being dismissed or not filed at all. This means that victims of medical malpractice are paying for their own health care and treatments that were caused by physician errors. Claims not reported. It… Continue Reading
Medical Practitioners Need To Take Responsibility For Birth Injuries Such As Cerebral Palsy To Ease Strain On Children & Families
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen a child is born with a birth injury such as a brain injury, the pain it causes the child and the family is immeasurable. When the birth injury could have been avoided, it is even more painful. No family wants to go through the painstaking process of a medical malpractice suit but it is often the only way to get justice when medical mistakes are made. The Fountain Baby Case Recently, that is exactly what Martha and Jonathon Fountain had to do. Five years ago their son was born with a birth injury that has left him with cerebral palsy and other serious health conditions. The hospital where Martha was giving birth administered Pitocin, a drug meant to speed up the labor process. The drug is thought to have increased the already excessive contractions she was having and cause trauma to the bay’s head. The Fountain’s were awarded a… Continue Reading
Highly Decorated Medical Facilities Still Make Errors When That Result In Patient Injury & Death
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen choosing a hospital, clinic or any medical facility, you hope by going with the best in the field or area that you are safe in their hands. Prestigious hospitals that have been awarded top honors lead patients to believe that they will only get the best treatment. However, regardless of their records and awards, all medical facilities can make mistakes. Highly Ranked Children’s Hospital U.S. News ranks hospitals from all over the country each year, dividing them into types and specialties. One of the categories is children hospitals. Although they are listed the best among well over a hundred in the country, even these have made grievous errors. Boston’s Children’s Hospital was listed in the top three in 8 fields for best children’s hospital. It ranked in the top three more than any other children’s hospital in the survey. However, this has not stopped them from being in the… Continue Reading
Illinois Cerebral Palsy Lawyer Supports New Treatments Being Tested For CP
Posted in Cerebral PalsyStem cell research has made the headlines again with cord blood stem cells being tested as treatment for cerebral palsy patients. The testing is bringing hope to the 760,000 patients living with cerebral palsy (CP). A clinical trial is currently being done at Duke University and at other medical facilities worldwide. Cord Blood Stem Cell Treatments For Use In CP Patients Cord blood stem cells, or cord cells for short, are being used and studied in over known diseases. Cord blood is the blood that is left in a newborns umbilical cord after birth. The cells of this blood contain the building blocks for organ tissue, blood and the immune system. These cells have been used to treat diseases for over 20 years, but more is still being learned about how they can be used. Currently they are being used in treatments for cancers and blood, metabolic and immune disorders…. Continue Reading
Should You Bring Your Experts Live to Trial?
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeI’m really excited that my colleague Ron Miller of Miller and Zois, has agreed to prepare an article regarding a trial lawyer’s ongoing dilemma on bringing experts into court for live testimony. Ron is a seasoned trial lawyer who has seen firsthand how these cases play out. All other things being equal, live witnesses are more interesting than witnesses from recorded depositions. This is pretty obvious, right? It is easier to connect with a live human being than it is with an image on a television screen. Most experienced trial lawyers know that a trial is a living thing. A live witness makes it much easier to adapt to things that happen during the trial, including the testimony of other witnesses. But, all things are not always equal. Often it makes more sense to offer witness testimony by video recording as opposed to bringing them live at trial. Some expert… Continue Reading
Caring For A Child With Cerebral Palsy Requires Special Considerations Related To Nutrition
Posted in Cerebral PalsyThe other day my colleagues at Miller & Zois who host the Maryland Medical Malpractice Attorney Blog, we kind enough to let me talk about the frequently overlooked aspects of nutrition in caring for a child with CP. Since they published post, I’ve received several notes from families who were grateful for this type of information. As a medical malpractice attorney who handles cerebral palsy cases, I will encourage my clients to seek out nutrtionists who have experience in this area. Since so many CP patients have spasms related to the condition, simply getting enough calories to satisy their daily nuturtional needs is difficult. A colleague sent me the video below which shows how some families cope with this situation.
Can CP Be Cured In Infants? New Medical Study Brings Hope To Parents and Families
Posted in Cerebral Palsy, Medical Malpractice[Photo Caption: Kate Allatt suffered a massive stroke in February 2010. To the amazement of her doctors, she emerged from “Locked-In” syndrome to become a fully functional person again. (Photo courtesy of kateallatt.com)] One of the most enduring mysteries of cerebral palsy (CP) is its stubborn resistance to a cure. For parents of “highly functioning” CP children – those who can read and speak at fairly normal levels - the “veil” between CP and a “normal” existence can be frustratingly thin. I was reminded of this once again as I watched the amazing story of Maree Bourke-Calliss, a former Australian athlete who suffered a traumatic brain injury while playing netball. The injury left Maree unable to speak or move, yet she still retained her ability to convey complex thoughts through blinking – a fact discovered by her loving and patient husband. Though Maree’s condition, called “Locked-In Syndrome,” differs from CP… Continue Reading
“Emotional” Cerebral Palsy Lawsuit Results In $74 Million To Family Of Disabled Girl
Posted in Cerebral Palsy, Medical Malpractice[Photo Caption: Jennifer Blunt plays with 3-year-old daughter, Sofia, who acquired cerebral palsy shortly after her birth. (Photo Courtesy of the San Luis Obispo Tribune)] A San Luis Obispo, Calif., jury recently awarded a couple $74 million after deciding their doctor was negligent in delivering their daughter, who developed cerebral palsy. According to the San Luis Obispo Tribune, Sofia Blunt was born on April 19, 2009, after a harrowing delivery involving a compressed umbilical cord and irregular heartbeat. Sofia’s parents, Andrew and Jennifer Blunt, claimed that Dr. Kurt Haupt of the Sierra Vista Regional Medical Center didn’t properly monitor Sofia’s heartbeat, or expedite her birth when needed. Reviews of Dr. Haupt, who has 30+ years of experience as an OB/GYN, are widely polarized. Some patients have assiduously defended his work, while others issued stern warnings about an occasionally mercurial personality. According to the Tribune, several jurors expressed strong emotion after… Continue Reading
Unprecedented Cerebral Palsy Verdict Awards Family $144 Million
Posted in Cerebral Palsy1 / 1 (Photo Caption: The VanSlembrouck family attends a press conference in their lawyer’s office. [Photo courtesy of the Detroit News.]) In what might be Michigan’s largest medical malpractice verdict ever, a Macomb Township family has been awarded $144 million for the lifetime care of their daughter, who has cerebral palsy (CP). According to the Detroit News, 15-year-old Markell VanSlembrouck acquired CP as a result of a birth injury sustained at Beaumont Hospital in Royal Oaks. The lawsuit alleged that doctors were grossly negligent in their decision not to perform a C-section on Markell’s mother, Kimberly. As a result of being delivered through the birth canal, Markell suffered multiple hemorrhages, severe brain damage and a fractured clavicle. She weighed 10 pounds, 11 ounces at the time of her birth. “Her injuries were the worst of any that have negligently been inflicted on an innocent child in the history… Continue Reading
Could Cerebral Palsy Be Preventable? Researchers at Wash. U. are Eager to Find Out
Posted in Cerebral Palsy(Photo Caption: A visual representation of the enzyme “Nmnat1,” which has been proven to protect brain cells. [Photo courtesy of bioquicknews.com]) Scientists at Washington University think they’ve taken a critical step toward preventing cerebral palsy – using a hard-to-pronounce protein called “Nmnat1.” Under the supervision of research associate Philip Verghese, researchers inflicted human-like brain injuries on two groups of mice. The injuries were similar to those that cause cerebral palsy in children. The first group of rodents was “normal,” and the second had been genetically modified to produce more Nmnat1. What the researchers found could have major significance for people. The researchers discovered that mice designed to produce more Nmnat1 showed fewer signs of brain damage. In other words, Nmnat1 seemed to completely stop brain cells from dying – a process that could prevent CP from developing in humans. “We think, at this point, that the enzyme blocks the… Continue Reading
Expanded Birth Injury Materials Added At Rosenfeld Injury Lawyers
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeAs medical malpractice lawyers involved in different types of birth injury cases, we recognize that the specific events that occur behind the scenes can be difficult to compartmentalize. While the fact patterns behind different incidents may vary– or overlap, the following areas have become consistent aspects in some of our cases. Consequently, we have expanded the birth injury section at Rosenfeld Injury Lawyers, to further refine the expanse of birth injury cases we get involved with. Please take a moment and review this expanded section with pages devoted to: Cerebral Palsy Death of mother during childbirth Meconium Aspiration Group B Strep Perinatal Encephalopathy / Oxygen Deprivation Erb’s Palsy / Shoulder Injury Stillbirth Twin-to-twin transfusion syndrome Untreated jaundice in newborns Uterine Rupture Placental Abruption Of course, no family anticipates that these terms will ever become part of their vocabulary. However, if the situation should arise, our team of medical malpractice attorneys… Continue Reading
Orthopedic Surgery Holds Promise Of Restoring The Ability To Walk For Boy With Cerebral Palsy
Posted in Cerebral PalsyFor many children with cerebral palsy, complications related to orthopedic deformities and muscle spasms can quickly turn some of the most basic tasks in the impossible. While occupational and physical therapies can be useful in improving the level of functioning, the treatments may have limited effects in addressing the underlying complications. The most commonly type of CP, spastic cerebral palsy, impacts the brain in a manner that disrupt messages from the child’s brain resulting in muscle spasms. The muscle spasms, make simple movements incredibly difficult for the child because muscles commonly fire at the same time. It is common for children with spastic cerebral palsy may have difficulty with basic movements and may suffer from extreme fatigue and develop contractures which progressively inhibit their movements. Thankfully, the medical community has made tremendous progress towards providing more expansive treatment options for children with cerebral palsy over the past decade. Depending on… Continue Reading
Medical Treatment Options (and hard work) Open The Doors Of Opportunity For Children With Cerebral Palsy
Posted in Cerebral PalsyDecades ago there were few medical treatments available for children with CP to resume a semblance of a normal life. Thankfully, advances in medical techniques used to control the symptoms of cerebral palsy now allow children with different types of CP to live active and rewarding lives. I began to consider the tremendous strides made in cerebral palsy treatment when I read about a young man with a potentially disabling form of CP, who beat down the hurdles to become an accomplished athlete. For most of us, the prospect of jogging more than a few miles sounds like an unpleasant—and sweaty task. However, for a teenage boy with spastic cerebral palsy, running a few miles is really just a warm-up! The amazing story of Matthew Taylor was recently highlighted in an inspirational news article, “Teen once told he’d never walk now running half-marathon”. At six months of age doctors diagnosed… Continue Reading
Don’t Assume Your Child’s Birth Injury Is Compensable
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeSome of the most prolific medical malpractice cases involve injuries sustained by children during the labor and delivery process. I can’t image a warm-blooded-person who isn’t moved by the very thought of a severely disabled child who faces a lifetime of developmental difficulties and endless hours of specialized medical attention. Despite their poignant tales, these children—or perhaps more accurately, the people bringing lawsuits on their behalves, still have the burden of establishing that their child’s injury derived from the negligence of the attending physician or hospital. That’s right, before these children receive a penny for their injuries or care-related expenses, the law says that they have the burden of proving the following: The doctor and / or hospital has a duty to provide proper medical care for the child The fact that a doctor-patient relationship exists is usually considered enough in most jurisdictions for a doctor to act in a… Continue Reading
Do Hip and Spine Surgeries Help Children With CP? An Expert Nurse Shares Her Thoughts.
Posted in Cerebral Palsy, Medical MalpracticeChildren with severe cerebral palsy usually require a lifetime of intensive medical care. Treatment often involves major corrective surgeries to help properly re-align a child’s hips and spine. While it’s a widely known that the surgeries involve great risks, a big question still remains: Do these surgeries, when successful, actually improve child’s quality of life? In a recent blog entry from Children’s Hospital Boston, Rachel DiFazio, a nurse with the hospital’s CP Program, said that after 21 years of working with CP children, she still wasn’t sure. “I’ve always wondered what the outcomes were of surgeries,” said DiFazio. “We have a lot of X-ray data and range-of-motion data, but we don’t really know if it gets any easier to take care of these children; whether life gets a little bit easier after the surgery, and in what ways.” To try and answer her own questions, DeFazio recently launched a research… Continue Reading
Study: Ultrasounds Could Help Reduce Premature Birth Rate
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeOne of the scariest parts of becoming a parent – aside from the roller-coaster ride of pregnancy – is the possibility of having a “preemie,” or baby born before 37 weeks. All premature babies have an increased risk of serious medical complications, and usually begin their lives in the hospital’s “NICU” – neonatal intensive care unit. No parent wants to imagine this “nightmare scenario” happening to them and their child. But when 1 in 8 babies are born prematurely in the U.S. (a total of 500,000), the possibility of having a premature birth must be seriously considered. So, what – if anything – can parents do to prevent a premature birth? According to a recent interview with March of Dimes’ Deputy Medical Director Diane Ashton, regular vaginal ultrasounds before week 20 might help lower the risk. Several recent studies have shown that ultrasounds are a more accurate way to determine… Continue Reading
“Care Bundle” Strategies May Help Hospitals Prevent Birth Injuries
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeGiven the state of our high-tech delivery rooms, it might seem contradictory that most major birth injuries occur as a result of simple human communication problems. We like to assume ALL doctors know exactly what they’re doing, at all times. Especially during the high-stress experience of labor. But study after study has proved that teamwork breakdowns are more threatening to a baby’s health than anything else – simply because there’s so much to keep track of, at such a risky time. In 2008, a group of 16 hospitals called “the Premier Alliance” tried to change that, by implementing what they called “care bundles.” Care bundles are a series of protocols that apply to a singular birth event, and work best when used a team, in tandem. “What we were trying to do is to make care delivered in the birth process more effective,” said Susan DeVore, Premier’s chief operating… Continue Reading
Parents of Brian-Damaged Boy To Receive $6.6 Million from Hospital
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen it comes to delivering babies, we can sometimes think that Britain has it better-better healthcare system; better birthing procedures. But a recent story from England proves that traumatic birth injuries can occur in even highly developed European countries. Leo Whiting, now 7, suffered “catastrophic injuries” as he was being delivered at a hospital in London in 2004, according to a recent BBC report. Several delays led to Leo being starved of oxygen, and as a consequence severely brain-damaged. The injuries were so severe that they left Leo incapacitated for life; unable to walk or stand on his own. An Evening Standard report indicated that Leo has cerebral palsy. In what can be an usual move in England, Leo’s parents sued the National Health Service for personal injury and financial losses. They claimed that the hospital where Leo was delivered, St. George’s, should be held responsible for Leo’s healthcare over… Continue Reading
Understanding Causes Of Cerebral Palsy Is Crucial To Determining If Medical Malpractice Is Involved
Posted in Cerebral Palsy, Medical MalpracticeAs medical malpractice lawyer, who has worked on cases involving cerebral palsy, I’ve noticed a good deal of confusion regarding all aspects of CP. Like many medical conditions, it seems like the more we study this troubling condition, the more questions we have. I’ve tried to draw out some particularly useful information from trusted sources to address many of the issues I come across in cerebral palsy cases. What is cerebral palsy? Cerebral Palsy (CP) is a condition (CP is sometimes referred to as a group of symptoms) that can affect the brain and nervous system functions including movement, posture, learning, hearing, seeing, and thinking. It is caused by brain injury or abnormal development of the brain that occurs before, during, or shortly after birth (brain damage occurring after age 5 is not considered cerebral palsy). Most problems occur in the womb, but problems can happen anytime during the… Continue Reading
Cerebral Palsy Lawyers FAQ: A Birth Injury Resource For Parents
Posted in Cerebral Palsy, Medical MalpracticeUnderstandably so, many parents are devastated in the time following the diagnosis of a birth injury— such as cerebral palsy. Over the years, our law office has had the privilege to represent— and get to know— families experiencing the roller coaster of emotions that typically accompany these situations. While indeed each birth injury case is unique and each families situation may be different, I consistently see common themes in these situations. First and foremost, I see families looking for information about their child’s condition. Over time, many of the questions move towards how and why the condition occurred with their child. In circumstances where parents may believe that the injury was preventable, they may then seek information on the legal remedies available for their child— and their family. Cerebral Palsy Lawyers FAQ was created in response to these ongoing concerns from parents facing a child diagnosed with CP. More than a legal… Continue Reading
Settlement Of Chicago Medical Malpractice Lawsuit Brings Closure To Child’s Cerebral Palsy Case
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeTwo years of litigation has achieved a $7.5 million settlement in a birth injury lawsuit initiated by the grandparents of a child born with cerebral palsy. As reported in the Chicago Sun Times, the medical malpractice lawsuit was brought against Christ Medical Center and treating obstetricians for their respective roles in the way they responded to a situation involving signs of fetal distress of a baby born at the hospital in 2002. As with many birth injury lawsuits, the allegations of medical malpractice centered around the delay of hospital staff and treating physicians had with respect to taking action upon learning of the potential dangers facing the baby. The delay in responding to signs of fetal distress was blamed for oxygen deprivation and ensuing complications including brain damage and cerebral palsy. Now, 9-years-old, and with significant care-related needs, the funds from the settlement can be used to provide for the extensive… Continue Reading
Doctor Cites Ten Most Expensive Medical Errors, Based on Loss of Income and Healthcare Costs
Posted in Birth Injuries, Cerebral Palsy, Medical Malpractice[Photo Caption: Dr. Barry Bialek is a Senior Contributing Editor at CoverMD.com (Photo Courtesy of CoverMD)] Trying to measure the true cost of medical errors is like trying to measure a mountain – there are many ways to look at it, depending on where you stand. Considering that most medical malpractice settlements are hidden from the public eye, calculating actual costs can be a tricky undertaking. But Barry Bialek, a doctor in Colorado, says there’s a tried-and-true formula for people to stick to: a person’s cost of medical care, plus his or her total loss of income. Using this formula, Bialek came up with the top ten costliest medical errors in the U.S. In an article for medical malpractice insurer CoverMD, Bialek says the No. 1 costliest medical error is brain injury due to birth trauma. “This injury usually leads to cerebral palsy. With more recent advances in home… Continue Reading