The Importance of a Medical Team to Help Treat Cerebral Palsy

Posted on February 4, 2010 by David Austin

Hearing that your child has cerebral palsy can be heartbreaking. Whether or not the disability was the result of medical malpractice, it can be difficult to hear that your child's life will be altered in the future. According to recent statistics, more than 10,000 babies born in the United States this year will be affected by cerebral palsy. This means that thousands of children will need cerebral palsy treatment to help their neurological disorder.
 
Cerebral palsy affects how the body moves and the posture of someone who has been diagnosed. One of the most common symptoms associated with cerebral palsy is spasticity. Spasticity is linked to muscle weakness and can cause abnormal reflexes in children. This symptom can negatively affect the hip abductor muscles, which can cause cramping. In some cases, spasticity can even force a child with cerebral palsy to have to walk on their toes. This can be dangerous since it increases the child's risk of falling. 
 
Specialty Treatment

Although no cure has been found for cerebral palsy, there are treatments and different types of therapies that have helped better the quality of life of those living with the disability. Highly recommended by doctors who specialize in cerebral palsy is treating the child with a multidisciplinary medical and surgical team. Among the cerebral palsy specialists to be included in this team so the child is getting the best possible treatment are a neurologist, orthopedist, developmental pediatrician, speech therapist, and occupational therapist. These types of specialists can be found at hospitals and centers across the country. Each of these medical professionals specialize in specific areas designated to help those living with the cerebral palsy disability.
 
Doctors and researchers emphasize the importance of working with a medical team to help treat cerebral pasly so goals can be set and measured accurately. Many specialists also believe the treatment given is more effective when there are several people who are well-experienced working one-on-one with the child.

Tweet this
Tags:

Trial Begins in Botox Lawsuit

Posted on January 26, 2010 by David Austin

A jury was selected earlier this week for the lawsuit brought about by the parents of a seven-year-old girl who died due to Botox. The trial for the cerebral palsy lawsuit will take place in Santa Ana, California. The plaintiffs, who are from Texas, have filed just one of 15 lawsuits that are recently taking place due to wrongful death and injuries due to Botox injections.

The makers of Botox, Allergan, deny any claims that their drug is being wrongfully used or is responsible for the deaths and injuries mentioned in the lawsuits. This week's trial focuses on the little girl from Texas who suffered from muscle spasms due to the cerebral palsy she was born with. In many instances, Botox is being used to help treat muscle spasms in children with cerebral palsy. Though primarily, the injections are used to help smooth wrinkles.

Life Taken Too Soon

The cerebral palsy patient at the focal point of this specific trial reportedly died on November 24, 2007, after being injected with Botox. She had received seven sets of injections over a seventeen-month period to help the chronic spasms in her legs. However, her body did not react well to the treatment and her life was taken too soon as a result.

Doctors are legally permitted to inject Botox into their patient for purposes that they see medically sage and advisable. However, this specific use hasn't been approved by the U.S. Food and Drug Administration (FDA). Allergan is claiming that the girl's premature death was due to a bacterial infection and had nothing to do with Botox. They also state that her doctor knew of the potential risks.

What Are Some Healthy Treatments for Muscle Spasms?

In light of the recent Botox lawsuits that have been filed in recent years regarding the drug and cerebral palsy patients, you may be wondering what some healthy treatment options may be for muscle spasms in the ones you love. Muscle relaxants are often used to help ease the discomfort and pain that comes with muscle spasms. But it's important to speak with your doctor about the right medication for your friend or family member since every medication affects patients differently. You also may want to try physical therapy, cooling, and exercise to help treat muscle spasms related to cerebral palsy. 

 

Tweet this
Tags:

What is Ataxic Cerebral Palsy?

Posted on January 20, 2010 by David Austin

Cerebral palsy is a disability that can alter the way the body is able to move and the muscle coordination. Many birth injuries result in cerebral palsy in children, which can have a huge impact on a child's future. Some main factors that can result in cerebral palsy include brain damage during birth, a lack of oxygen during delivery, and medical malpractice.
 
There are different types of cerebral palsy and ataxic cerebral palsy is the least common form of the condition. This type of cerebral palsy affects an estimated 5 to 10 percent of those with the disability. 
 
Ataxic Cerebral Palsy Details
 
When the cerebellum is damaged it can lead to ataxic cerebral palsy. The cerebellum is in the base of the human brain and it serves as the control center for our sense of balance and coordination. Due to its influence over these different groups of muscles in the body, it can have a negative effect on the coordination and movement of a person. Not only does this type of cerebral palsy affect the limbs of the body, but it also affects the trunk.
 
Someone who is living with ataxic cerebral palsy typically has low muscle mass and a wide-based walk. Due to their poor sense of coordination and balance, they tend to walk with their feet far from each other and are very unsteady with their movements. Another trait associated with this condition is tremors.Someone with ataxic cerebral palsy typically shakes when trying to complete simple tasks like buttoning their shirt or reaching for a toy. 
 
Treatments for Ataxic Cerebral Palsy
 
As with other forms of cerebral palsy there is no cure for ataxic cerebral palsy. However, there are treatments and therapies that can help ease some of the symptoms to help make life for those with the disability a bit easier. Certain medications can be prescribed to help with the shaking and uncontrollable movements of the limbs. Another form of treatment that is fairly new is called cooling. Cooling for cerebral palsy helps with tremors and is when the forearm is wrapped with a special circulating fluid. It's been found that this treatment can help calm tremors of the arm in individuals for about 30 minutes after cooling is done. This can make it easier for those with ataxic cerebral palsy to eat meals, write, and play for a short time without experiencing tremors. 
 

Tweet this
Tags:

Doctor Found to Be Negligent in Cerebral Palsy Lawsuit

Posted on January 14, 2010 by David Austin

A doctor in Michigan was recently found negligent in a lawsuit regarding the life altering birth injuries of one of his patients. The judge ruled that the doctor was in violation of the standards of care and is solely responsible for the cerebral palsy a child under his care was born with. The doctor reportedly used vacuum extraction on the infant for an estimated 50 minutes causing traumatic birth injuries.

Parents of Disabled Child Take Legal Action

The parents of the cerebral palsy victim, Keya Mekuria, filed the lawsuit, against defendant, Linda French and Michigan State University. The lawsuit claimed medical malpractice for the lack of care Keya was given during his birth. Judge James R. Giddings sided with the family of the child, stating French was negligent and caused the injuries to the boy.

Keya was born on December 1, 2001, at Sparrow Hospital. The delivery had complications so French chose to use a vacuum extraction to help deliver him. This device uses a suction to pull the child’s head through the birth canal and is used in deliveries that are facing serious complications.

Medical Malpractice Forever Changes Boy’s Life

Now nine-years-old, Keya is said to require 24-hour care and will continue to need this type of care for the rest of his life. The brain damage and cerebral palsy he developed during his birth will force him to be co-dependent on others in the future.

During the trial, French admitted that Keya’s birth was “the most disastrous delivery” she’d ever taken part in. During the birth, Keya is said to have suffered a subgaleal hematoma and didn’t breathe for several minutes. Within the day after the delivery he experienced seizures and had multi-organ dysfunction, as well as metabolic acidosis.  
 
Cerebral palsy in children is common in medical malpractice cases where birth injuries are involved. The family will be compensated for the injuries their son has endured and will continue to endure throughout his life, but the award amount has not been released.

Tweet this
Tags:

Lawsuit Against Botox for Use as Cerebral Palsy Treatment

Posted on January 5, 2010 by David Austin

A jury in Southern California recently scheduled a hearing regarding a lawsuit against Allergan, Inc., the producers of the drug Botox. The lawsuit accuses the company of creating a dangerous product and wrongfully marketing it to be used as treatment for disabilities like cerebral palsy.
 
The lawsuit involving Botox was originally filed in 2008 in the Superior Court of California in Orange County. It was reportedly filed on behalf of the 15 plaintiffs from across the country that have either been injured or killed by using Botox to treat various medical conditions. 
 
Botox and Cerebral Palsy

According to reports, the lawsuit claims that Allergan has been promoting “off label” uses of Botox to treat those living with cerebral palsy. However, the Food and Drug Administration (FDA) has not reviewed or approved Botox for cerebral palsy. The lawsuit also alleges that the drug makers failed to warn those who use Botox that is can cause injuries and even be potentially fatal. 

The lawsuit is seeking unspecified compensatory and punitive damages for those who have suffered as a result of using Botox and a trial is set to begin later this month in Santa Ana, California.

Victims Take Action Against Allergan

One of the many plaintiffs who have come forward to seek compensation for the wrongful marketing is the mother of Kristin Spears of Amarillo, Texas. Spears, who was born with cerebral palsy as the result of a birth injury, was one seven-years-old when she died after receiving Botox as treatment for her disability. Her mother, Dee, began the Botox treatments for her daughter to help with her limp spasticity, which is one of the many symptoms of cerebral palsy.

Statistics show that many of the injuries and deaths linked to Botox have involved "off label" uses of the drug to treat children with cerebral palsy who are living with muscle spasms.

Tweet this
Tags:

Cerebral Palsy Risk Factors

Posted on December 31, 2009 by David Austin

 Cerebral palsy is a disability that a person is typically born with or can develop in the early years of life. There are several risk factors associated with cerebral palsy. In order to understand the risk factors linked to cerebral palsy it’s important to understand the difference between a risk factor and cause of cerebral palsy.  

A risk factor is a variable which, when present, can increase the chances that something will happen. A risk factor for cerebral palsy is not the cause of cerebral palsy. It is simply a variable that can increase your child's chances of developing this life altering disability. If a risk factor for cerebral palsy is present in a child, the parents and health care professionals caring for the child should be on close watch of how the infant develops.
 
Cerebral palsy risk factors can be associated with both the parents and the child. Some risk factors linked to the parents that can raise the risk of cerebral palsy developing are:  
 

  • If the mother is 40 years or older
  • If the mother is 20 years or younger
  • If the father is 20 years or younger
  • If the child is of African-American ethnicity 

    Some cerebral palsy risk factors related to the child that can increase the risk of the disability are: 
  • If it is the first child or a child born fifth or later in the family
  • If the child is one of a pair of twins, particularly if one of the twins dies in childbirth
  • If the child is at a low birth weight (less than 3.5 pounds)
  • If the child is premature (less than 37 weeks)
 Some other known risks factors associated with cerebral palsy are:  
  • Rh or ABO blood type incompatibility between the mother and the child
  • Id the mother has German measles or another virus in the early stages of pregnancy
  • If the infant is attacked by a micro-organism on the central nervous system
 It’s important to keep in mind that a child can have more than one risk factor at the same time. For instance, if he or she is born underweight and is also a twin.

 

Tweet this
Tags:

Birth Injuries and How to Protect Your Child

Posted on December 24, 2009 by David Austin

Birth injuries happen each day around the world and new research has made the causes of these injuries known to the public. At times, birth injuries can happen due to medical malpractice, or a mistake or failure to act on the doctor’s part during delivery. As a result, disabilities can develop, and a child with cerebral palsy can affect and his or her family, for the rest of their life.  

In the case that a disability like cerebral palsy does result from medical malpractice, a medical malpractice lawsuit may be filed. However, like other medical malpractice claims, the case must show evidence that the malpractice resulted in a birth injury and the doctor or health care provider acted negligently. To have a successful case and prove negligence, the plaintiffs must be able to show and prove through documentation that the health care provider failed to provide adequate care for the child and the birth mother during the delivery. The plaintiffs and the cerebral palsy attorney must also be able to prove that as a result of the failure for proper care a birth injury occurred.

 The Doctors Responsibility During Delivery

There are reportedly a number of circumstances that can lead to and prove a physician's negligence as being the cause of a birth injury like cerebral palsy. For instance, during the delivery of the child, the doctor is required to closely monitor the heart rate and oxygen levels of both the mother and baby. If these levels drop too low or rise too high, it may indicate that the baby is in distress, in which the doctor would need to take immediate action to ensure a healthy delivery. If the doctor fails to take immediate and proper action, the baby may suffer from oxygen deprivation, also known as hypoxia. This can put him or her at risk of developing cerebral palsy or suffering from another brain injury.  
 
The American College of Obstetricians and Gynecologists (ACOG) and other U.S. medical organizations have established particular standards and guidelines for monitoring heart and oxygen statistics during childbirth. If these medical standards are not followed and a birth injury results, the doctor and other health care providers may be held liable for medical malpractice. 
 
What is the Difference Between a Birth Injury and a Birth Defect? 
 
According to research, there is a clear distinction between birth injuries and birth defects. Although both may occur during pregnancy, a birth defect may be the result of a medical condition and in such cases, the doctor or other health care provider typically can’t be held liable. An example of a genetic birth defect is Down syndrome. However, some birth defects can also be caused by external conditions, such as what the mother is exposed to during her pregnancy. Harmful exposure to toxins like benzene and other chemicals can result in birth defects. Bacteria and other substances in certain foods, like high concentrations of mercury in fish can also result in a child being born with a health problem. Though birth defects typically aren’t the doctor’s fault, there are some cases where a medical malpractice lawsuit may be filed because the negligent acts of the doctor or health care provider caused the defect.  
 
Both birth injuries and birth defects can have devastating physical, mental, emotional and financial consequences for a child and his or her parents. But an experienced medical malpractice attorney can review your claim and help you and your loved ones determine if pursuing legal action is the best action to take.

 

Tweet this
Tags:

Parents File Cerebral Palsy Lawsuit Against School District

Posted on December 18, 2009 by David Austin

Elizabeth Studer is a little girl who was born with the disability cerebral palsy. Just like the other children in her second-grade class, Elizabeth wants to play outside at recess with her classmates at Block House Creek Elementary School, in Leander, Texas.

But Elizabeth uses a walker or a wheelchair, depending on the day, and has difficulty moving on the mulch which covers the school’s playground.

The Studer family recently took action on behalf of their daughter and filed a civil rights complaint with the U.S. Department of Education. The lawsuit claims that the Studier’s 8-year-old daughter "has been discriminated against on the basis of her disability" because the school’s playground isn’t accessible to her needs.

Disability Lawsuit

Despite the allegations, district officials said they have complied with state and federal disability laws. According to Melissa Studer, Elizabeth’s mother, she has driven to the school during recess time and watched her daughter sit on a bench because she can’t go on the equipment.

The Studer’s reportedly first raised the issue of the inaccessibility of the playground when Elizabeth first started at Block House Creek Elementary kindergarten. Since this time, they have reportedly brought the issue up three times. The complaint states that the playground "doesn’t contain a significant number of activities that she can access independently, or with minimal assistance."

"There's not one thing she can access independently," her mother explains. "The problem really is the fact that the district doesn't want to spend the money to upgrade the district's playgrounds, and even the new schools don't make them accessible.”

The Studer family is requesting in their lawsuit that instead of mulch on the playground at the school, it be replaced with a hard rubber surface.

"We're hoping that they make the playground at Block House Creek Elementary accessible so Elizabeth can use it and are hoping they make all the other playgrounds accessible at the other schools," says Steven Elliot, the Studer’s cerebral palsy attorney.

Tweet this
Tags:

CIMT May Improve Arm Use for Kids with CP

Posted on December 7, 2009 by David Austin

New research shows that constraint-induced movement therapy (CIMT) could be an effective treatment for children with hemiplegic cerebral palsy. A recent review looked at 21 intervention studies and 2 systematic reviews regarding CIMT and its benefits. It concluded that future research should focus more specific ways to treat limbs that are affected by cerebral palsy. For instance, the frequency, duration, and type of constraint being used to treat the limbs.

According to research, similar success has been achieved when both arms of the patient are used together while in therapy. However, there hasn't been enough research comparing these two types of physical therapy thus far. Although researchers believe the new findings regarding CIMT in children with cerebral palsy are hopeful, they agree that more research needs to be done on the impact of CIMT on a child who is in the stages of development, particularly in terms of their brain regions.
 
What is Hemiplegic Cerebral Palsy?
 
Cerebral palsy is a disability that children can be born with as the result of medical malpractice or a complication during childbirth or the first years of life. Hemiplegic cerebral palsy is a type of disability that affects one arm and leg located on the same side of the child's body. CIMT may be able to help with this particular disability by forcing the use of the affected side of the patent's body. The therapy may be able to help the upper body in particular, by restraining the side that's not affected in a mitt, sling, or cast.
 
While the unaffected part of the body is being restrained, the patient practices moving the affected part of the body throughout the session at varying durations of time and intensity. In most studies conducted linking CIMT with cerebral palsy therapy, positive effects were demonstrated 6 to 8 months after intervention in the majority of patients.

Tweet this
Tags:

What to Know About Your Medical Malpractice Case

Posted on December 2, 2009 by David Austin

If you or someone you love has been injured while under the care of a medical professional you may want to file a medical malpractice lawsuit in order to be compensated for your injuries. But there are some basic things you should know about medical malpractice before you file your case in order to ensure that you receive the compensation deserved

Medical malpractice is defined as negligence by act or omission by a professional health care provider. Medical malpractice cases often result in a disability such as cerebral palsy or other life-altering injuries and can even result in death. Standards and regulations for medical malpractice vary depending on what country you live in, as well as on the jurisdiction within each country.

Know the Basics About Your Case

In order to determine whether the health care provider who cared for you or your loved one can be legally held liable for your injuries it is essential to figure out whether the injuries are the result of negligence. If your health faltered or a surgery didn't go as expected it doesn't always mean it was the fault of your health care provider. So how do you know whether your health care provider is to blame do to negligence?

There are two key factors to consider whether or not the health care provider was negligent and you have a medical malpractice case. The first is to see whether or not the standards of care were properly followed. The second is whether this standard caused the injury or death. Negligence can happen at different stages in the health care process. The health care provider can give you a misdiagnosis or prescribe the wrong medication or treatment. A doctor can also be deemed negligent if he or she failed to inform you about alternative treatments or about the risks of certain procedures or surgeries.

Whether or not you can prove that the doctor was negligent has no meaning unless you can prove negligence caused or worsened the health condition. Aside from determining whether or not negligence was involved to build your medical malpractice case, it is important to seek the legal help of an attorney who specializes in medical malpractice lawsuits.

Medical malpractice attorneys have experience in cerebral palsy lawsuits and other similair malpractice cases; therefore, they can give you the support you need to ensure you get the compensation you deserve.

 

 

Tweet this
Tags: , ,