Elective Caesarean versus VBAC

Now here is an interesting article that weighs the risk assumed by mothers as compared to letting them have a vaginal birth after C-Section (VBAC).

Great little synopsis from the blog where I found it.  The True Face of Birth

I recently came across an article titled Cost-Effectiveness of Elective Cesarean Delivery After One Prior Low Transverse Cesarean. The title isn't that interesting, but the article certainly is. The authors calculated the hypothetical overall cost and relative risks of a policy of ERCS (elective repeat cesarean section) versus VBAC (vaginal birth after cesarean). Some of the findings:

  • In order to prevent one major adverse neonatal outcome (death or cerebral palsy) due to a VBAC, doctors would need to perform 1,591 cesarean sections and incur a cost of $2.4 million.
  • For every five babies' lives saved due to ERCS, one mother will die and many others will be injured.
  • "Elective repeat cesarean delivery in 100,000 women whose first birth was a cesarean through a low transverse incision will prevent 37 cases of cerebral palsy and 37 neonatal deaths. To achieve this health benefit requires an excess of 117,748 cesarean deliveries, seven maternal deaths, and 5500 maternal morbid events."
Hundreds of hospitals have banned VBACs since 1999, when ACOG revised its recommendations on VBAC and stated that it “should be attempted in institutions equipped to respond to emergencies with physicians immediately available to provide emergency care.”[1] In practice, this translated into 24-hour in-house anesthesia and OB coverage, a requirement that often only large, tertiary hospitals could guarantee. Despite the fact that ACOG’s 1999 recommendation was not evidence-based [2], obstetricians and hospital administrators are under heavy pressure to comply with the recommendations. (The American Academy of Family Physicians has developed VBAC guidelines that are evidence-based; they recommend that VBAC "should not be restricted only to facilities with available surgical teams present throughout labor since there is no evidence that these additional resources result in improved outcomes.") As a result of ACOG’s new position on VBAC, hundreds of smaller hospitals have instituted a no-VBAC policy, requiring women to have mandatory repeat cesareans or to travel elsewhere—sometimes very long distances--to give birth. Some states also do not allow home birth midwives to attend VBACs, which further limits women's options.

This article's findings show that a policy of ERCS comes with a weighty set of costs and risks. VBAC bans force women to assume those risks, rather than allowing each woman to decide for herself whether to have a VBAC or schedule a repeat cesarean. A no-VBAC policy is paternalism at its worst; it takes away women's right to bodily integrity and to informed decision-making.

~~~

[1] ACOG Practice Bulletin No. 5, July 1999, “Vaginal Birth After Previous Cesarean Section.” According to the International Cesarean Awareness Network (ICAN), over 300 hospitals have banned VBACs since 1999. ICAN is currently compiling a comprehensive list of the status of VBAC in every U.S. hospital. See ICAN's VBAC Policy Database.

[2] McMahon, M. (1996). Comparison of a trial of labor with an elective second cesarean section. New Eng J Med 335 (10): 689-695.

New Jersey Cerebral Palsy Verdict

No question.  This is a large verdict and it is no wonder that the the defense has said publicly that they will seek a new trial. That is standard.  Take a look at the facts laid out in this quote.  This (in my opinion) is a pretty typical medical malpractice case involving a delay in diagnosing the problem.

After a trial that began Feb. 11, the jury in Freehold deliberated two days before finding Aravind Palav, an obstetrician, negligent and awarding the boy $19.25 million on Monday afternoon.

According to Drazin, Palav initially misdiagnosed Kowalski, who was 30 weeks pregnant at the time, after she called him the evening of Sept. 11, 1997, complaining of abdominal pain.

Palav delayed in determining she was hemorrhaging and had lost a massive amount of blood, the lawyer charged. Kowalski was 40 at the time.

Palav also failed give to Kowalski the tests she needed, did not recognize the baby might be in "fetal distress" and ignored the warnings of a nurse who pinpointed the woman's problem, Drazine said.

Brandon, delivered by C-section at Riverview Medical Center in Red Bank, had to be resuscitated and spent four months in intensive care, Drazin said. He suffers from severe brain damage, cerebral palsy and is legally blind.

Source:  NJ.com Jury awards disabled boy $19 Million

Massachusetts Settlement means disabled people can live in homes

In this settlement, people with disabilities such as Cerebral Palsy and Mental Retardation will be moved to homes and apartments and will not be required to live in nursing homes.  They will also have staff and services made available to them as part of the settlement.

The state has reached an agreement in a long-standing class action lawsuit involving disabled people seeking to live outside nursing homes.

The agreement in the suit, initially filed in U.S. District Court in Springfield in 1998, will mean more than 600 people will be moved out of nursing homes in Massachusetts to apartments, group homes or their own residences and will have support staff available. The agreement is similar to one reached in 1999, which resulted in more than 1,000 people were placed in the community over several years, according to the state.

Source:  MassLive.com

Here's how a malpractice cap affects a verdict

In a recent medical malpractice verdict in Indiana a jury awarded $3.7 Million to a young person with cerebral palsy.  Indiana state law reduces that amount to $2 Million under a law that caps verdicts.

Hmmm.  So what that means is that the insurance company gets to fight tooth and nail to keep from paying out and when they lose big then they are still protected.  Their maximum risk is $2 Million.  So who then bears the cost of the medical mistake... The victim.

Here's the Article:

A child was born in 2001 via c-section and is now suffering from cerebral palsy. Her family believes it was a lack of oxygen during birth and that doctors were too slow in her delivery. A jury in Indiana agreed and awarded them $3.7 Million in the medical malpractice case.

Source:  Injuryboard.com

$3 Million Dollar Settlement in the Northeast

At least it appears to be in the northeast.  This just a blog post announcing a settlement.  Note how the post says that the plaintiff will receive $29 Million over the course of her life.  That is because the present value of the settlement may be $3 Million but that is used to purchase an annuity that will provide $29Million in payments for the rest of her life (or some set time).  I tis not clear exactly when payments will stop or exactly how it is structured.

[A] newborn, was born neurologically damaged at birth.  The child's mother came to the hospital complaining of not feeling the baby and bleeding.  Doctors at the hospital placed her on a monitor but failed to detect any abnormalities with the infant.  The child was born 12 days later and at birth could not breathe.  Tests were performed which revealed that the child had suffered a brain bleed while in utero. The child was transferred to New York Hospital for further treatment. Our client, now 7-years-old, cannot walk or talk and has to be fed through a tube. The child will receive $29 million from the settlement over the course of her life.

www.ronvil.com

You Following the Botox Investigation?

For those of you following the botix news and investigation here is a quick link to an article.  Allegan has received a subpoena concerning the promotion of Botox.

NEW YORK (Reuters) - Allergan Inc said on Monday that it received a subpoena from the U.S. Department of Justice investigating the promotion of Botox, a drug best known for its cosmetic use.

The drug maker said authorities were seeking documents regarding promotional, educational and other activities relating to Botox.

Allergan said it believes the subpoena is related to alleged off-label promotion of Botox to treat headaches.

Botox, which is best known for smoothing facial wrinkles, is not approved as a headache treatment.

Although Allergan is conducting trials to investigate the use of the drug to treat headaches, the company said that its policy is to comply with all applicable laws, rules and regulations in promoting its products.

But it noted that doctors are free to prescribe the drug for uses not approved by the U.S. Food and Drug Administration.

Source:  Reuters.com

Here we go again.

One big verdict and you start seeing stories like this.  You have to dig deep into this article to see the reality: 

Insurance Companies control trial tactics and settlement negotiations.  The insurance company in this case could have settled this case for $2 million.  That is less than 10% of the verdict.  Instead, they chose to go to verdict and they lost.  I bet the doctor wanted to settle.

The second point is that even though the insurance company lost, it will likely settle for an amount significantly less than the trial verdict, so the $38.5 million dollar verdict is a little misleading.

Here's the article:

A Stamford jury's decision to award a record $38.5 million to the parents of a boy born with cerebral palsy has reignited debates over medical malpractice rates, insurance company tactics and the cause of cerebral palsy.

Continue Reading...

New York Cerebral Palsy Settlement

This from a video report of a $2.4 Million dollar settlement in a case in New York.  The child suffers severe brain damage and the settlement should go a ways to help the family.

Kelly Hunt-Force was born at corning hospital in 1998 with cerebral palsy. Her family says it's a result of nurses who neglected to monitor her mother. Kelly will never walk or talk because she has severe brain damage.

Source:  WENY.com

Botox warnings


Botox has been used in Children to treat spasticity.  This recent news is something all parents should look at before considering using botox to treat spasticity in children with cerebral palsy.


The Food and Drug Administration issued a warning that Allergan's Botox and Botox Cosmetic as well as Solstice Neuroscience's Myobloc have been linked to adverse reactions including respiratory failure and death, following treatment of a variety of conditions using a wide range of doses.

The agency said the reactions may be related to overdosing and were found in both FDA-approved and nonapproved usages, but there is no evidence that they're related to any defect in the products.

The most severe adverse effects were found in children treated for spasticity in their limbs associated with cerebral palsy, which isn't an FDA-approved use of botulism toxins in children or adults.

The agency is currently reviewing safety data from clinical studies submitted by the drugs' manufacturers, as well as post-marketing adverse event reports and medical literature.


Sources:

The Street.com | Consumer Affairs

Large cerebral palsy verdict in Connecticut

The theme for this case seems to be "Delay".  That is a common theme in cerebral palsy medical malpractice cases.  Often this is because it is the delay that causes the oxygen deprivation to the brain.

This article states that this may be the largest verdict in Conn. history.

A Superior Court jury in Stamford has ordered a city obstetrician to pay $38.5 million to the family of a boy born with cerebral palsy in 2003.

The verdict is believed to be among the largest medical malpractice awards in the state, surpassing a $36.5 million award in 2005 against Hartford Hospital and an obstetrician.

The Stamford jury ruled Friday that Dr. Corinne De Cholnoky should have performed a Caesarean section more quickly during the 2003 delivery of Spencer Oram, whose umbilical cord was impeding blood flow to his brain.

Source:  Newsday.com


Medical Injuries are worldwide

This from an article in Ireland.  A settlement in a birth injury case involving a failure to properly electronically monitor the labor as is progressed.  The result was severe cerebral palsy.

Details were not disclosed except that it was substantial and the full amount claimed.

In a statement read out in court by Mrs Swaine on the couple's behalf, she criticised the hospital for the way they were treated both during and after the birth.

She said during her labour, which was induced, she and her husband had waited so long for the arrival of their first child and what should have been a joyous occasion "soon turned into the most tragic of our lives."

She said that during her labour, she and her husband told a nurse they felt something was wrong and they were "basically ignored".

Christopher, who was born on July 21, 2002, with severe cerebral palsy, had to be resuscitated after birth and spent a month in intensive care where the parents had to learn to feed him through a tube.

Continue Reading...

Southern California Brain Injury Settlement

An arbitration panel has awarded a $3.2 million verdict to a family.

Kaiser Permanente is paying $3.2 million to a 14-year-old Lake Forest girl who wasn't breathing and suffered brain damage when delivered by Caesarean section.

The birthing malpractice settlement was reached this month after a binding arbitration decision in favor of the family of Ariana Ehtemam.

Court documents show the girl now suffers physical and behavioral problems. The $3.2 million has purchased an annuity worth $20 million over her lifetime. She will receive the first payment at 18.

Source: SignOnSanDiego.com

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Twins - Delay in Delivery verdict

We had a case similar to this a few years ago.  The case we were involved with here in the United States where the second twin was delayed in his delivery resulting in a lack of oxygen and some fetal distress.

This article out of the UK:

A judge sitting at the High Court in London has awarded a boy who suffered brain damage after he was born nearly an hour after his healthy twin brother 2.4m(pounds) agreed damages.

Source:  HospitalHealthcare.com

Two Northern Virgina Doctors reprimanded for birth injury cases

Here is a quick quote from a well written article covering the recent reprimand of two doctors relating to a birth injury on Virginia.

For the first time in 20 years, the state's medical board has administratively punished two doctors who gained immunity from suit in catastrophic, birth-injury cases.

...

In hearings last week, two Northern Virginia obstetricians -- Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge -- received formal reprimands for their handling of births that resulted in devastating, lifelong injuries to infants during delivery.

The reprimands become part of a doctor's permanent record and appear on a physician's public profile at www.vahealthprovider.com/search.asp, where they are expected to appear in several days. They carry no monetary penalty and do not affect a doctor's ability to practice.

Read the Full article here:  InRich.com

Lack of Oxygen and Delay in Delivery

Here is a story out of Chicago that shows how a delay in delivery can lead to a lack of oxygen to the brain.  Now that is just the "legal medical" side of this story.

The real story here is how this young man and his family used a simple book to educate his classmates about his condition and about how he was "The Same on the inside".

There is also a video that goes with the story and you can access that through the story on the website.

"The same on the Inside"

Move Medical Malpractice Out of the Courts?

The National Center for Policy Analysis has released a report proposing that medical malpractice cases be moved completely out of the legal system and be handle by contract. 

The idea appears to be that you agree with your doctor or other medical care provider ahead of time what the value  of your life or injury would be.  Then if you are injured  in some way you get paid based on that contract.  So how does the doctor pay for that agreed to injury amount?  They buy insurance, but this time the insurance company knows what the max payout will be because of the contract.

Will this reduce lawsuits, probably. 
Will it fairly value malpractice claims?  I doubt it.
It sounds like it will allow insurance companies to more concretely lock in their profits as opposed to their taking on risk.  So is it about risk or profits.

In any event you can read the about the NCPA report at this link.  Medical Malpractice suggestions

Ataxic Cerebral Palsy

Frenkel's Exercise

I was recently asked about Frenkel's exercise and it's effectiveness for Treating Ataxic Cerebral Palsy.  We cannot specifically recommend treatment for people.  That is something that you have to work with your doctors on.

I did take the time to find a post a few links that relate to Frenkels exercises.

National Ataxia Foundation

International Network of Ataxic Friends-- Exercise

A Digitized Book on Google on Tabetic Ataxia by  Frenkel

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Chicago Cerebral Palsy Settlement

This one was approved by a judge to put an end to the 4 year old case.

Labor proceeded appropriately until several minutes after Radis started pushing and fetal monitor tracings indicated the baby was not tolerating labor.

Physicians and nurses attempted to expedite the delivery by using a vacuum extractor to bring the baby's head down farther, but the vacuum was removed after eight minutes because the doctor believed with one or two more pushes, the baby would be delivered, according to the release. But the baby, Joshua Radis, was not delivered until the fifteenth push, some 31 minutes later on May 16, and by that time, he was brain-damaged and now suffers cerebral palsy.

The brain damage is basically caused by a lack of oxygen during the labor.  When I first started looking at these cases several years ago, I was surprised at how often I would come across a case where the size of the baby was an issue given the size of the mother.  This case settled for $11.5 million.

From WNBC5

Diagnosis

So how do you know if a child has cerebral palsy?  How is that diagnosis reached?

    Generally you look for abnormal observations and abnormal imaging results.

    Are you noticing trouble walking, gripping or talking?  If so then start asking around and doing some more in depth research.  Talk to your pediatrician.

Here's an article about spastic cerebral palsy and one family's story about getting a diagnosis of cerebral palsy. -- The article is at the "Cerebral Palsy Symptoms" Blog

Back in 2005 I posted about the common symptoms of cerebral palsy.

Diagnosing Cerebral Palsy

and

How do you diagnose Cerebral Palsy

Here's why you pursue a Cerebral Palsy Case

Another Cerebral Palsy settlement from another country.  This one has some great quotes though from the parents.

The parents of an 11-year-old London girl awarded £6.5 million after hospital blunders left her severely brain damaged today told of their relief that her future is now taken care of.

Melissa Salamanca, of Brockley, was born with jaundice and could have escaped harm if either the hospital or a midwife had spotted the seriousness of the situation, the High Court heard. She was sent home from hospital the same day and suffered blood poisoning which left her with cerebral palsy.

Diego and Maria Salamanca, both 34, said the legal fight for a settlement had dominated their lives. Mrs Salamanca said: "It has been going on for a very long time. It has become our life. It is a fair amount for the amount of care Melissa will need for the rest of her life. I can pass away very peacefully knowing that her future is secure.

"Money will not put my daughter back to normal but it might make her life more comfortable."  (emphasis added)

I also like the comment by the doctor at the base of the article.  He is exactly right.  Making disciplinary actions public will go a long way to improving medical care and educating the public about the medical care choices.

 

Article"Brain-damaged daughter" from the Evening Standard

Cerebral Palsy Settlement - Canada

Here is a great discussion of a $4.2 Million dollar fee in a medical malpractice case that settled for $12.7 million.  It sounds like this particular solicitor came into a case late and provided excellent representation.

Mr. Justice Robert Smith has released a significant decision in which he has considered the issue of contingency fees charged to persons under a legal disability. He approved legal fees of $4.2 million in a medical malpractice case that settled for about $12.5 million. His Honour held that while it is up to the court to approve contingency fee arrangements with disabled plaintiffs, “substantial weight” should be given to such agreements where they have been entered into by a sophisticated party who considered and weighed the risks involved and acted in the best interests of the child.

Please go read the full Blog post over at CavanaghWilliams.com. It is a well put together post.  Alternatively you can access the court's opinion at this link.

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Cerebral Palsy Settlements

Occasionally I will post about a cerebral palsy settlement.  I don't do it all that often, but two articles today. One from Australia  and one from the UK that I also wanted to post.  Why?  Well, I merely wanted to raise awareness that cerebral palsy lawsuits or settlements or whatever are not just an American creation.  They happen all over the world.  The legal systems just deal with them differently.

This settlement from the UK. 

Court awards £5m to brain-damaged boy


This one from Australia

Hospital Admits to Drug Folly


Cord Blood and Cerebral Palsy

I had previously posted in this space about cord blood and an amazing story about a child who had his cord blood saved and used it after he had developed cerebral palsy.  Along with it I had posted a freely available video on this very story.  We received a call today asking that the post be removed. 

The video is on Youtube. Search for "Cord Blood Registry"  You'll probably find that inspiring story and many others.

The power of the internet  is in passing stories like this along to many readers and that is what this and many other blogs are about.

Purposely breaking water does not speed up childbirth

This from the New York Times.  I found this fascinating.  Researchers reviewed  14 different trials covering almost 5000 births and found the following:

A large review of studies suggests that a common procedure in labor, intentionally breaking the water, has no effect in reducing the labor time or assuring the baby’s health.

             ...

The researchers reviewed 14 randomized controlled trials involving almost 5,000 women and found little evidence for any benefits. Amniotomy did not shorten the length of labor, decrease the need for the labor-stimulating drug oxytocin, decrease pain, reduce the number of instrument-aided births or lead to serious maternal injury or death.

...

The report, published Oct. 17 in The Cochrane Reviews, did find that the procedure might be associated with an increase in Caesarean sections and a reduced risk of a lower reading on the Apgar scale, which rates the baby’s condition at birth. But neither finding was statistically significant.

The authors even said that they recommend that women tell their doctors that they want to leave their water intact.  It is amazing to me that a procedure that has been around for 250 years can (with a little research) be found to be unhelpful.  Now this is just one review and that people and experts will differ in their opinions.  I'm curious to see where this will go.

Source:  New York Times

Maine Medical Malpractice Verdict

This case is from Maine.  It is a $8 Million verdict against Central Maine Medical Center.  Here is the quote from the article.

A jury in Auburn, Maine last week awarded nearly $8 million to a brain-damaged 5-year-old boy and his mother in their medical malpractice lawsuit against a Lewiston hospital and one of its midwives.

...

Emond, who was 16 at the time Odysseus was born in April 2002, claimed that her midwife and Central Maine Medical Center should have recommended an emergency cesarean section when her baby appeared to be in fetal distress.

The baby was born with cerebral palsy due to lack of blood and oxygen to his brain.

It was a two week trial and the jury deliberated for 2 days before getting this result.

Source:  Insurance Journal

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$26.5 Million verdict in Massachusetts birth injury case

Recently a jury in Brockton, Massachusetts determined that the injuries to a baby were worth $26.5 million.  This was the verdict after the jury saw the nearly blind boy wheeled into the courtroom with a feeding tube in his stomach.

The family's lawyers had argued that two residents at the hospital, Julie D. Miner and Alisa B. Goldberg, should have delivered Bejarano by caesarean section on March 13, 1997, when it became obvious that he and his mother were in distress. Instead, they let labor go for eight hours before other doctors delivered the baby with forceps.

In a classic defense...

Edward T. Hinchey, who defended the physicians, countered that the baby was born with severe cerebral palsy and other permanent defects because of injuries suffered earlier in the pregnancy for unknown reasons.

This is one of the usual excuses that gets thrown at the jury.  "We just don't know what happened."  Actually that is exactly what the jury is for and the court process is for... ->To determine what happened.  <--  In this case I can only assume that enough evidence was put on by the plaintiff to show that this birth injury was the result of some negligence  or medical malpractice.  There will probably be an appeal.

Source:  Boston Globe

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Orthopedic Surgery and Spastic Diplegia

If you are into reading scientific studies on the efficacy of surgery to improve muscle strength in patients with a cerebral palsy diagnosis then here is a new one.

Muscle strength changes following multi-level surgery in cerebral palsy and the impact of rehabilitation on functional recovery are largely unknown. The aim of this study was to quantify lower limb muscle strength changes in children with spastic diplegia after multi-level orthopaedic surgery and to compare the efficacy of progressive resistance strengthening (RS) versus active exercise (AE).Twenty children with spastic diplegia (mean age 12.5 years) participated in this prospective randomised controlled trial


This is a link to the introduction.  To read the full article you will already have to have a reader that gets you into Elsevier.

Recovery of muscle strength following multi-level orthopaedic surgery in diplegic cerebral palsy

Cerebral Palsy Lawsuit in Illinois

There only a short amount of information on this Cerebral Palsy lawsuit in Illinois that resulted in a $12 million dollar verdict.  From what I can gather from the brief article it appears to be a case that resulted from a failure to see the signs of oxygen deprivation.

A DuPage County jury has granted a $12 million medical malpractice award to the family of a seven-year-old Warrenville boy crippled at birth.

...  45-minute delay during the ... birth that deprived him of oxygen and caused his disability.

Source is The Daily Journal

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Left Thumb Blogger

Here is an example of some technology that Glenda Hyatt uses.  She is known as the Left Thumb Blogger and you can read her posts at DoitMyselfblog.com

I previously posted about Glenda back in July when I first came across her blog.

Watch the video and see how people are using the internet, blogs and technology to overcome disabilities such as Cerebral Palsy.

Des Moines Cerebral Palsy Verdict

A Polk County Jury has awarded  a family $13 Million to compensate them for a Medical Malpractice mistake that took place during the birth of their son.

The mother of a four-year-old boy with cerebral palsy says doctors at Broadlawns Medical Center are to blame for her son's condition. This week, a Polk County jury agreed and awarded her more than $13 million.

As doctors prepared to perform a c-section on Deb Gardner, she says they stopped monitoring her baby's heartbeat. She says a spinal anesthetic caused her blood pressure to drop, which cut off oxygen to the baby. Finally, she says doctors did not realize there was a problem and took their time performing the c-section.

...

Three and a half years ago, Debra Gardner filed a lawsuit. Yesterday, after an 11-day trial, a jury ruled in her favor and awarded her $13.5 million. "I just want my son to have a good life, and for him to live to his fullest potential. Its all for him and its worth it. He's worth every fight," she says.

That's it right there.  A parent fighting for her child.  You go.  Good luck as you and your family move forward.

Source:  www.whotv.com

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Etiologic Profile of Spastic Diplegia in Children

This title is from an Abstract published in Pediatric Neurology in the September Issue.  "Etiologic Profile of Spastic Diplegia in Children" is a fancy way of saying what causes Spastic Diplegia.

Here's what jumped out at me.

The top three diagnoses were hypoxic-ischemic perinatal asphyxia (33%), periventricular leukomalacia (15%), and central nervous system infections (11%).In premature children, the most common diagnoses were periventricular leukomalacia (33%), perinatal asphyxia (26%), and central nervous system infections (15%). In term-born children, the most frequent diagnoses were perinatal asphyxia (37%), metabolic disease (12%), and structural malformation or infection (9% each).

There is a higher risk of injury to a child if the child is born premature.  This is why one of the questions we need answered when investigating a medical malpractice action is "Was the child born premature"

You can see from the above results that the "cause" with the highest percentage in full term children is perinatal asphyxia.

Mamaduckers: Thoughts of a Mom

I found this over at a LiveJournal post.  I thought it might be something that any parent's might want to read.  It is not limited to cerebral palsy, it talks about the "sisterhood" of special needs parents.  I thought it was touching and inspirational.  I posted it in full so you didn't have to jump around to read it.

Thoughts of a Mom

Many of you, I have never met face to face but I've searched you out
every day. I've looked for you on the Internet, on playgrounds and in grocery stores. I've become an expert at identifying you. You are well worn. You are stronger than you ever wanted or wished to be. Your words ring experience. Experiences you can recall with your very hearts and soul. You are compassionate beyond the expectations of this world.

You are my "sisters". Yes, you and I, my friend, are "sisters" in a
sorority. A very elite sorority. We are special. Just like any other sorority, we were CHOSEN to be members. Some of us were invited to join immediately, some not for months or even years. Some of us even tried to refuse membership to no avail. We were initiated in neurologist's offices, NICU units, obstetrician's offices, in emergency rooms and even during ultrasounds. We were initiated with just a somber telephone call, a consultation, routine blood tests, x-rays or during heart surgeries.

All of us have one thing in common. There was one day things were fine. We were pregnant, had just given birth or even playing with our toddlers. Yes, for one minute everything was fine. Then, whether it happened in an instant, as it often does, or over the course of a few weeks or months, our entire lives changed. Something wasn't quite right.

Then we found ourselves mothers of children with special needs. We are united, us sisters, regardless of the diversity of our children's
special needs. Some of our children undergo chemo. Some need respirators and ventilators. Some are unable to talk or walk. Some eat through a feeding tube. Some live in a different world.
We do not discriminate against those mothers who have children that are not as "special" as our own child. We have mutual respect and empathy for all of the women who walk in our shoes.

We are knowledgeable. We have educated ourselves with whatever materials we could find. We know "THE" specialists in the field. We know the best neurologists in the field. We know the best cardiologists. We know the Children's Hospital phone number by heart.
We all know the wonder drugs and the best treatments. We know all of the secondary tests by heart and hold our breath while our children are tested for them. Without formal education, we could become Board Certified in Neurology, Endocrinology, Cardiology, and Psychiatry.

We have taken on our insurance companies and school boards to get what our children need to survive and flourish. We have prevailed upon the State to include augmentative communication devices in special education classes and mainstream schools for our children with Autism, Cerebral Palsy and Down Syndrome. We have labored to prove to insurance companies the medical necessity in treatments and Gait Trainers; we have sued municipalities to have our children properly classified so they could receive education and evaluation to commensurate with their diagnosis.

We have learned to deal with the rest of the world, even if that means walking away from it. We have tolerated scorn in supermarkets during "tantrums" and gritted our teeth while discipline was advocated by the person behind us in line. We have tolerated insane suggestions and home remedies from well-meaning strangers. We have tolerated mothers of children without special needs complaining about chicken pox and ear infections. We have learned that many of our nearest and dearest friends can't understand what it is like to be in our "sorority" and don't even want to try.

We have our own personal copies of Emily Pearl Kingsley's "A Trip to Holland" and Erma Bombeck's "The Special Mother". We keep them by our bedside and read and re-read them during our toughest hours.

We have coped with the holidays. We have found ways to get our physically handicapped children to the neighbor's front door on Halloween and we have found ways to help our deaf children say "Trick or Treat". We have accepted that our children with sensory issues will never wear velvet or lace on Christmas. We have pureed turkey on Thanksgiving and we have bought white chocolate bunnies for Easter. All the while, we have tried to create a festive atmosphere for the rest of our family.

We have gotten up every morning since our journey began and wondered how we would make it through another day and gone to bed every night not quite sure how we did it. We have mourned the fact that we never got to relax and sip red wine. We have mourned the fact that our trip to anywhere has required much more baggage than we ever imagined when we first visited the travel agent. We have mourned because we left for the airport without most of the things we needed most for the trip.

But at last sisters, we keep the faith always. We never stop believing. Our love for our special children and our belief in all they will achieve in life knows no bounds. We dream of our kids scoring touchdowns, extra points and hitting home runs. We visualize them running sprints and marathons. We dream of them planting vegetable seeds, riding horses and chopping down trees. We hear their angelic voices singing Christmas Carols. We see their palettes smeared with watercolors and their fingers flying over ivory keys in a concert hall. We are amazed at the grace of their pirouettes. We never, ever stop believing in all they will accomplish as they pass through this world.

So in the meantime, my sisters, the most important thing we do is hold tight to their little hands and together, we special mothers with our special children and those who's children have received their angel wings,
REACH FOR THE STARS...

-Author Unknown


Popliteal Angle and Hamstring Contracture

For those readers who want the latest in scientific studies, here's one that studied "the reliability of popliteal angle measurement"  This method is used to measure hamstring contracture in cerebral palsy patients

I'll let the conclusion speak for itself:

Measurements in the CP group seemed to be less reliable than measurements in the control group. Intraobserver reliability is reasonable for both groups, but lower in CP patients than in controls. Interobserver reliability of both visual estimates and goniometrical measurements is poor. No significant differences in reliability have been found between visual estimation and goniometric measurement. Because of poor interobserver reliability of popliteal angle measurement, this should not be the only variable in clinical decision making in CP patients.

Source:  Journal of Pediatric Orthopaedics

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Cerebral palsy doesn't slow her down.

Kudos to this young lady who competes as a cross country runner at Nashua South in New Hampshire.  From Gary Fitz over at the Nashua Telegraph in New Hampshire.  I love reading stories like this and love it when local newspapers focus on positive stories and not just the trauma the permeates news these days.

When Nashua South sophomore Haley O’Brien approaches the finish line of a cross country race a sudden transformation occurs. The normally shy 16-year-old becomes fiercely competitive, extracting every last bit of energy for the final push.

Teammates line the course to encourage her, often mobbing her when she completes the race. They all admire her courage and embrace her as the perfect teammate.

...

A few months after her first birthday her parents wondered why Haley had yet to take her first step. Both of her older siblings had been walking at 10 months. They took her to their family doctor, who ordered neurological tests.

The diagnosis was cerebral palsy, an umbrella term for damage to the motor control centers of the young developing brain, most often occurring during pregnancy.

Here's the best part of the story (In my opinion at least)  ...

What is O’Brien’s advice for anyone else with cerebral palsy?

“Get involved in as much as you can,’’ said O’Brien, who is also active in girl scouts.


This is all not to say that cerebral palsy creates some difficulty in many people's lives.  Haley is a great example of focusing on the positive.


Cerebral Palsy Treatment and Technology

I've previously posted about how I admire technology advances and how it assists accident victims, particularly those with a brain injury.  See my Wii entry.  Today I read about a young lady in the UK who is using technology to enable her to communicate.  In many case when you are dealing with cerebral palsy, you have a person who understands everything that is happening, but cannot communicate because of limitations on their muscle control.

Natalie is able to speak via a voice facility, text, email, play CDs, send and receive picture messages, and write shopping lists.


Demonstrating her new state-of-the-art technology, Natalie, 21, of Rampside, said: “It’s fab — having a communication aid has changed my life.

Her next quote gets right to the heart of the matter.  This is what can make technology great.  It gives people the chance to drastically improve their life.

“Being able to communicate is a basic human right. It is about being able to communicate the sort of choices that most people can take for granted. It is about being able to communicate a simple ‘yes’ or ‘no’.”

Source:  NorthWest Evening Mail

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New Jersey Appeals Court let's $70.8 Million verdict stand

It's not everyday that you find a well written article about a court decision.  I must be reading too many mainstream newspapers.  The New Jersey Law Journal has written about what may be an important medical malpractice case in New Jersey. It's a good article.

Here is the background on the case:

The plaintiff, Casey Pellicer, underwent successful spina bifida surgery at St. Barnabas Hospital in Livingston, N.J., in 1998 when he was 4 months old. During recovery, an endotracial tube aiding his breathing moved, depriving his brain of oxygen for five to 15 minutes. The Essex County suit alleged that medical personnel failed to respond quickly enough, did not administer the correct drugs and did not call for help.

Casey was rendered a quadriplegic, is blind and cognitively delayed, and will require around-the-clock care for the rest of his life. His attorney says Casey will live for six or seven decades.

The first trial ended in a mistrial in June 2004 because St. Barnabas had, until then, failed to produce heart monitor printouts.

The second jury, in November 2004, awarded Pellicer's family $75.9 million in damages: $50 million for pain and suffering, $13.1 million for loss of services, $10.5 million for a life-care plan, $1.6 million for future lost wages and $700,000 for past and future services rendered by the boy's mother, Areli Pellicer.

Superior Court Judge Francine Schott set aside the $13.1 million award for loss of services, finding no legal precedent, but added about $8 million in prejudgment interest.

The jury found the attending anesthetist, Anne Olesnicky, 50 percent liable for failing to act quickly enough after the tube moved out of place; Drs. Norman Zieg and Michael Vallee, 25 percent and 15 percent liable, respectively, for failing to properly supervise Olesnicky; and a nurse, Delphine Anderson, 10 percent liable for failing to properly supervise the child. The defendants were covered by the hospital's malpractice insurance policies.

Now the appellate court knew it needed to focus on the $50 Million dollar pain and suffering portion of the verdict.  Everyone else will and we will hear about how it may be excessive.  In order for the award to be excessive it must "shock the judicial conscience".  So why did this amount not shock the conscience?  Here's the courts answer:

"The defendants' own expert testified that this child's life can't be a normal life expectancy because the child will suffer, his words, suffer through repeated infections as a result of the impairments that came about from being deprived of oxygen. And so the $50 million does not shock my conscience."

"Tort reform" is something we hear about all the time. It's not a topic that I will jump into here, but you can be sure that we will hear about this case when that topic comes up again.  From what I can see, this case was decided on the merits of the individual case itself.

I can't go without saying that this was an excellent article by the New Jersey Law Journal. I found it on Law.com. Well Done.

Links:  Pellicer v. St. Barnabas Hospital, A-1472-05  This gets you to the written decision 114 pages long.

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Wii Therapy. Helpful treatment for Disabilities

I was fascinated when I saw this this morning.  I am a real technology geek.  I love to see new creative uses of existing products.

The video game that couldn't stay on store shelves at Christmas is fast earning a second life as a useful tool in helping victims of debilitating diseases and accidents get back on their feet.

...

"In therapy, it allows patients to work on weight bearing and increasing coordination, increasing strength and stability, increasing fine and gross motor skills," she says. "Any of the games can be used to address problem solving, attention, short-term and long-term memory, decision making and scanning."

Check out the full article at USA Today.com

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