Cerebral Palsy Law Blog : Cerebral Palsy Lawyer & Attorney : Burke & Eisner Law Firm : Medical Malpractice Lawyers & Attorneys

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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.

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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. 

 

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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. 
 

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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.

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 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:  
 

 

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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.

 

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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.

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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.

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According to recent reports, one of Shanghai's most reputable hospitals is now under much scrutiny regarding the disability and blindness of a young boy. A medical malpractice lawsuit has been filed against the hospital by the boy's parents for his cerebral palsy. The parents are hoping to be compensated for the boy's loss of enjoyment of life and his medical expenses accrued in recent months and in the future.

The boy was reportedly admitted to the Children's Hospital of Fudan University to be treated for an enlarged colon. The boy has suffered from a congenital disorder since his birth. However, his parents never imagined that in trying to better this health condition more drastic health conditions would affect him as the result of medical malpractice.

Cerebral Palsy Lawsuit Seeks Compensation

The cerebral palsy lawsuit claims that during his treatment at the hospital the boy suffered a stroke resulting in cerebral palsy and also was left blind. The boy's parents, who serve as the plaintiff's in the lawsuit, say doctors at the hospital never warned them of the severe risks involved in treating their son that day he was admitted. Due to their negligence the couple believes the hospital and its staff should be held at least partially responsible for their son's current condition.

The mother of the boy, whose name has not been released, says her son's life has been forever altered as the result of the treatment he received at the hospital and she believes they should pay. The boy is said to show no reaction or emotions on his face and cannot talk or walk like other children his age.

The medical malpractice lawsuit is seeking 160,000 yuan (which converts to $23, 400) and the parents are also asking that the hospital pay for all the boy's future medical expenses.

 

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The parents of a little girl who was reportedly born with cerebral palsy as the result of medical malpractice during childbirth have filed a lawsuit against their doctor. The parents claim that the doctor is responsible for the irreversible injuries their daughter sustained and they are seeking compensation on behalf of their daughter, who is now seven years old and disabled.

According to reports, the trial, which is being held in Wisconsin, is entering it's second week. The doctor, who was employed at the Mile Bluff Medical Center in Juneau County at the time of the birth has not admitted to any negligence on his part, or on the part of his medical staff regarding the little girl's injuries.

Cerebral Palsy Lawsuit Details

The medical malpractice lawsuit has been filed against Dr. Robert Buss and the Mile Bluff clinic. The plaintiffs, Brenda and Lyle Olson, of New Lisbon, are accusing Buss and his staff of being negligent during the birth of their daughter, Emily. Emily is now living with the disability cerebral palsy and has not led the normal life of a little girl since her development, both physically and mentally, is slower than other children.

Emily was born at the Hess Memorial Hospital in Mauston and soon after her birth was diagnosed with cerebral palsy. The Olson's filed their complaint against the doctor in 2004 and are seeking judgments "in an unspecified amount."

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You may already know that cerebral palsy affects thousands of newborns across America due to medical malpractice or natural causes. But you may be wondering how you would know if your child may seem healthy but is actually developing cerebral palsy in the first couple years of life. When an infant or child endures brain damage they are several symptoms that can can signal to you and your doctors that something may be wrong with your child's health. In the first few months after being born, an infant with brain damage may show some or all of the following symptoms which may indicate the development of cerebral palsy and other disabilities:

• Lack of alertness
• Constant rirritability or fussiness
• Abnormal, high-pitched cry
• Shaking of the arms and legs
• Poor feeding abilities, problems sucking and swallowing
• Low muscle tone

Once you child reaches six months of age, it should becomes apparent as to whether he or she is picking up basic movement skills or learning slower than normal. Infants with cerebral palsy develop physically and mentally slower. Simple activities like rolling over, sitting up, crawling, walking and talking may prove difficult for your child if they are developing, or already have cerebral palsy. 
 
Why Would There be a Delay in Diagnosis?
 
In certain cases, doctors may delay in diagnosing a child with cerebral palsy. This is due in part to the fact that the disability lies in the plasticity of a child's central nervous system and it's difficult to determine how able a child is ability to recover from any trauma he or she may have encountered during delivery. It is also hard to tell the amount of brain damage that has occured in the first few months of life. It has been proven that the brains of very young children can repair themselves easier and faster than those of adults.
 
This is why it is so important that whether your delivery has no complications and your child seems healthy, you see your doctor regularly to have you child's health checked. Cerebral palsy can only be diagnosed with a complete exam of your child's current health status. During an exam your child's motor skills will be analyzed and the doctor will look for abnormal movements, lower than average muscle tone, and other developmental delays.

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Last month more than 120 people were reportedly in attendance for the 54th annual meeting of United Cerebral Palsy of Illinois Prairieland. The meeting took place at the Knights of Columbus Hall in Joliet and for many proved to be the event of the year honoring those who contribute to the UCP and all those who are living with the disability.

At the event, dinner was served and an award ceremony was held. The ceremony paid tribute to the staff, board members, volunteers and agency benefactors who have worked to help those with cerebral palsy and their families throughout the year.

Awards Given to Those Who Help with Cerebral Palsy

Jim Mommsen was one of the members recognized for his ongoing service as board chairman over the past two years. At the ceremony, Mommsen reportedly introduced Derek Wright, who is the principal with Northern Insurance, as the new incoming board chairman of the UCP.

The prized Melvin J. Larson Award honored Klint DeGeus for his outstanding community service work within the UCP community. DeGeus was also recognized for being one of the head leaders in raising awareness and promoting the importance of fundraisers for the UCP.

What is UCP?

United Cerebral Palsy is a non-profit organization that serves students, children and adults who are living with cerebral palsy and other developmental disabilities.

The organization provides Adult Day Training and Residential Services for those with cerebral palsy and their families. UCP also holds Day School Programs throughout the country children between the ages of 3 and 22 who are living with cerebral palsy and have developmental disabilities and medical impairments as the result of their condition.

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When Chloe Levine was born in a Colorado hospital she seemed to be a healthy, happy child with a life of opportunity and possibilities ahead of her. However, by the time Chloe reached nine-months she was not at the same development level as her sister Shayla was at the same age. A fact that Chloe's parents quickly noticed.

According to her parents, Chloe’s right hand was always clenched in a tight fist and she was unable to even hold her bottle. She wasn’t able to crawl and instead would reportedly "shuffle" her body across the floor in a somewhat seated position.

It wasn't until just after Chloe’s first birthday, that this Denver family realized their youngest daughter had experienced a stroke in utero. As a result of the stroke, Chloe developed cerebral palsy.

"A part of me just died," Jenny Levine, Chloe's mother, told reporters. "At that point there was no cure for her, no treatment other than therapies – speech, physical and occupational therapy for the next 18 years. As parents, that was not fine. We wanted her to have as normal a life as possible; we didn’t want her to face a life of disability."

Stem Cells Give Family New Hope

Just when they felt at their most hopeless that their daughter would not lead the life they had so hoped for, the Levines remembered they had stored stem cells from Chloe’s umbilical cord at the time of her birth.

For the past 40 years, stem cells from bone marrow have been widely used in medicine. They have helped treat blood diseases, cancers and immune disorders. Research shows that stem cells can jumpstart a person’s immune system, particularly after chemotherapy.

Research has also shown in recent years that there are also advantages to using stem cells from your own umbilical cord. These cells are said to be younger and they have not been exposed to negative environmental factors like harmful chemicals. A child's body can also not reject these cells since they are their own.

Girl's Own Stem Cells Fight Off Cerebral Palsy

Not only were the Levines lucky in the fact that they had chosen to preserve Chloe's stem cells, but they also came across Dr. Joanne Kurtzberg, a professor of pediatrics and pathology at Duke University. During their time of need, Dr. Kurtzberg was conducting a study regarding children with cerebral palsy. He was conducting tests to see whether injecting infants with their own stem cells could help alleviate some of the life-altering changes that come with the disability. In 2008, Chloe received a 15-minute re-infusion of her stem cells.

Jenny and her husband claim that within four days, there was a noticeable difference in Chloe. Chloe’s right side loosened up and her speech suddenly became more clear. She was even able to ride her toy tractor, which she hadn't even been able to pedal before.

Since this is a new treatment being administered, Kurtzberg says she's not sure how long the effects of cord blood will last on children like Chloe. Though she's hoping that it will last indefinitely. This would make it a treatment and God-send to infants who are born with cerebral palsy as the result of medical malpractice or a stroke, as was the case with Chloe.

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United Cerebral Palsy (UCP) of Central Arizona has reportedly teamed up with corporate partner in Circle K to help raise money for those living with cerebral palsy and other related disabilities. According to reports UCP has been the beneficiary of Circle K's community involvement for the past twenty-five years. Aside from this accomplishment, on both a local and national level Circle K has served as one of  the largest corporate sponsors for UCP.
 
The organization provides comprehensive programming to over 3,000 children and adults who are living with cerebral palsy and other disabilities like autism, Down syndrome, and those with learning disabilities.

Golf Tournament Benefits Those Diagnosed with Cerebral Palsy
 
This past October, Circle K hosted the 7th Annual Aces High Golf Tournament and Silent Auction Reception in Las Vegas, with all benefits going toward the UCP of Central Arizona. The event was reportedly a huge success making more than $481,369.  With the current economy it was hard for organizers and beneficiaries to determine how much money would (and could) be raised at the event. But the tournament proved to be a success and was telling of Circle K as company who is more than willing to give back to the community, specifically those born with cerebral palsy due to birth defects or medical malpractice.

UCP of Central Arizona is an affiliate of one of the nation's largest health charities in the country.  Since 1952, UCP of Central Arizona has provided therapies,
independent living services, educational programs, and social opportunities to those living with cerebral palsy and their families.

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Every expecting mother worries about the health of their child during pregnancy and there's nothing more important to the majority of parents than having a healthy baby. However, due to certain circumstances, sometimes beyond our control and other times the result of medical malpractice, babies are born with brain injuries and other health complications that can lead to cerebral palsy and other disabilities. As a result, newborns can develop life altering impairments for which they may have to receive life long treatment for, since in the case of cerebral palsy there is no cure.  
 
What is Cerebral Palsy?
 
Cerebral palsy is a disorder that negatively impacts the central nervous system in the body of newborns. The disability can even develop in a child in their first two years of life due to complications during birth. Cerebral palsy causes damage to the cerebrum, which is the part of the brain that is mainly largely responsible for our overall motor function as human beings.
 
Those who have cerebral palsy often encounter a symptom known as spasticity. Spasticity is when there is an increase in muscle tone and a contraction occurs that interferes with the body's normal movement. This symptom of cerebral palsy can affect any part of the  body from a single limb to the entire body. 
 
Some other symptoms of cerebral palsy are:
 

• Seizures
• Hearing and vision deficits
• Learning disabilities
• Lack of muscle coordination
• Flacid muscle tone

Although there is no way to cure cerebral palsy in newborns or as they age, there are many ways to treat the disability so those affected can lead somewhat normal lives. Above all, it is important to take the right steps toward proper health care during and after pregnancy to ensure your infant isn't affected by this life-changing disability.

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Recent reports claim that contrary to the assertions of those stating that the United States is in need for medical malpractice reform, the biggest crisis we may be facing as a country related to medical malpractice is not an epidemic of minor lawsuits. Instead, the real issue at hand may just be that the medical care available to most is far from good; hence, the lawsuits claiming negligence against so many hospital and their staff. 
 
Statistics show that ppreventable medical errors, like birth injuries, are currently the nation's sixth leading cause of death (as stated by the Institute for Medicine). In conclusion to their findings, the IOM believes that medical errors may be causing more than 98,000 deaths each year in the U.S.

Research Analyzes Medical Malpractice Lawsuits
 
In 2006, researchers from the Harvard School of Public Health and Brigham and Women's Hospital recently analyzed 1,452 medical malpractice lawsuits. They reportedly found that more than 90 percent of these malpractice lawsuits were filed showing clear evidence of physical injury. In many cases these injuries were severe resulting in cerebral palsy and even death. Reportedly, in 63 percent of the cases, the injury was the result of a mistake by the doctor.

As the current health system is set up, the compensation received by patients whoa re injured varies greatly depending on the validity of their claims and severity of their injuries. Although most patients who are injured due to medical malpractice do not take legal action. This alarming study also revealed that when baseless medical malpractice suits were filed, the courts typically threw them out before trial. Two-hundred, thirty-six cases were thrown out of court even though they carried strong evidence of personal injury due to physician error.

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Runners and walkers throughout the Indiana State University Campus and surrounding neighborhoods are being encouraged to take part in a run to help raise money for those living with the disability cerebral palsy this Friday.  
 

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Recent reports from England claim that a hospital in Calderdale has admitted that they are at fault for the birth injury a little girl suffered at their facility. The little girl, Amelia Rayner who is now seven, reportedly was deprived of oxygen during birth and as a result is now living with brain damage and the disability known as cerebral palsy. 
 
Parents of Child with Cerebral Palsy Take Action

Amelia's parents had filed a civil claim against Calderdale and Huddersfield NHS Foundation Trust after their daughter suffered life-altering injuries during her delivery at Calderdale Royal Hospital.

Just yesterday it was reported that a liability settlement has been approved at the Leeds High Court. As a part of this settlement the trust supposedly admitted that they were 75 percent responsible for Amelia's current condition.
 
Family Finds Comfort in Settlement

Amelia's parents, Lorraine McIntyre and her partner Andy Rayner have publicly voiced their relief over the settlement. Now it's time for negotiations regarding a financial settlement to start.

"We can only hope lessons have been learned to prevent other families being impacted by such life-changing errors again," said Lorraine.

Meanwhile, the trust and staff at the hospital has been open in apologizing for the child's cerebral palsy.
 
"We would like to offer our sincere apologies to the family for the events that led to Amelia's disability and our assurance that lessons have been learned," stated a spokesman for the trust.

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Charter schools throughout the Denver area are currently being scrutinized for the way they cater (or don't) to children with disabilities like cerebral palsy. In many other charter schools throughout the country, Cal Crum, 8, wouldn't be permitted to sit in a normal second-grade classroom setting, to lear about geometric shapes with peers developing at a faster pace than he is.
 
Cal, who is currently a student at Odyssey Charter School, was born with cerebral palsy. Cerebral palsy is one amongst many severe disabilities that most charter schools claim require an ability and funding they don't have. Therefore, not only do many charter schools not cater to the special needs of children like Cal, but many don't even accept students with his condition.
 
Children with Cerebral Palsy Face Inequality

Cal is reportedly one of only two children living with a severe mental and physical disability among Denver Public Schools' 7,000 charter-school students, says a task force of officials from charters and DPS. Both of which are currently focused on changing this outrageous dynamic that exists within the district's autonomous schools.

"The current state of affairs is not acceptable," says Superintendent Tom Boasberg said. "We've been very strong and clear that all of our schools must offer equality of opportunity for all of our students, including any and all of our students with disabilities."

Each year the city of Denver opens more charter schools. District officials are working to change policies to ensure that all students, even those with disabilities area allowed access to charter schools.

"We need policies to ensure that equity," stated Boasberg.

According to reports, students with disabilities that are classified as "mild" or even "moderate" are typically encouraged to receive their education at center-based programs in district schools that can give them the support and care they need. These center-based schools have been specifically created to specialize in helping children with disabilities like cerebral palsy. However, no charter school in Denver has one of these center-based programs. But Boasberg and other district officials assure the parents of children like Cal, that policies already being changed to accommodate children with disabilities at all schools.

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According to six year old Maggie Hermann's mother, Kelly, her daughter's cerebral palsy  has in no way slowed her down.
 
 “She’s just a normal little kid except that she’s got cerebral palsy,” Kelly tells reporters.

Maggie has been confined to a special wheelchair and is just like any other child full of energy and hope for the future. The only problem is, the chair Maggie is required to use costs a hefty amount of money. Specialized wheelchairs made for those with cerebral palsy and other disabilities like Maggie's can cost as much as $30,000.
 
Family Makes Effort to Give Back

Although Kelly and Dave Hermann are fortunate enough to be capable of providing this chair for their daughter, they were eager to "give back" and help other families with children who have cerebral palsy but are not able to afford specialized wheelchairs and other equipment.
 
This is why they decided to launch Kelly’s Kidz, a foundation which has been designed to help other families cope with the challenges that often come when caring for disabled family members.

Kelly's Kidz was reportedly launched in 2008 and since then the Hermann's have been able to raise over $75,000.

Boy with Cerebral Palsy Benefits from Foundation
 
One such child who has benefited from Kelly's Kidz is five-year-old Joshua Dragston, who is also living with cerebral palsy.

“Joshua is a 5 year old 23-week preemie who has cerebral palsy with dystonia. He’s very involved physically but cognitively he’s very aware," explains Joshua's mother Christine.

Kelly’s Kidz has picked up the Dragston’s deductible for their supplemental insurance. A gift that will be huge to a family who is currently in the process of converting their home so it can be handicap accessible.

According to the many families who are involved with Kelly's Kidz, money isn't the only benefit they've received. The parents of children living with cerebral palsy and other disabilities are also give the opportunity to compare notes and talk about their experiences with one another.

“As many families as we can help with the money we can provide, that’s what we’re looking to do,” says Kelly Hermann.

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According to recent reports House Speaker Nancy Pelosi and House Majority Leader Steny Hoyer, along with the CEO of Eastern Seals, recently met with children who are living with the disability, cerebral palsy. Eastern Seals is reportedly a non-profit organization that lends support to disabled youth. The meeting was held to publicly discuss and bring awareness to, the importance of health care reform in the United States. The meeting focused on the importance of reform particularly for children with cerebral palsy and other disabilities.
 
“Every family in America is one phone call, one accident, one diagnosis away from needing what we have in our bill,” stated Pelosi at the meet and greet.
 
Family Struggles to Receive Benefits

One mother that knows all too well about the harsh realities of our current health care in America is Roxanne. Her daughter, Shannon, is living with cerebral palsy, and both were present at the health care meeting.

Roxanne told the politicians that Shannon has been fortunate to receive Medicaid for most of her life, and she’s even made progress in her development thanks to the care she's received from Medicaid. However, when Shannon recently had to have surgery she also needed to receive therapy as part of her recovery, and Medicaid supposedly refuses to pay for it.

“These aren’t just the services she needs now, this is services she needs all her life. Cerebral palsy doesn’t just go away,” Roxanne told Pelosi and Hoyer.
 
Meeting Hopes to Make Progress

At the meeting, Hoyer reportedly told attendees that the health care bill is created to ensure that no American is left behind without receiving the health care they need and deserve. He also explained that the health care bill is about “whether or not the nation can say ‘yes we can’ today.’”

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A new device reportedly enables children living with cerebral palsy to communicate through voice recognition. At times, due to their disability, those with cerebral palsy are unable to speak properly. This can make it difficult to communicate with those around them. However, one child Katie Suggitt, 5, is benefiting from the new technology, which has enabled her to voice emotions, as well as her wants and needs. 
 
Child's Play Made Easier
 
Katie and her identical twin sister, Emily, take turns picking out shoes, eyes, a mouth and nose as they put together their own, unique version of the popular children's game, Mr. Potato Head.
 
"That looks silly," Katie says giggling as Emily adds a moustache and proceeds to add purse to hang from the toy's arm.
 
The catch? When Katie talks the pronouncement doesn't come directly from her mouth. Instead, it stems from a computerized speech-generating device that is capable of giving the child a voice.

Speech Device Proves Beneficial
 
Katie was one of the many children who are born with cerebral palsy in the United States each year. Cerebral palsy is a disability that's caused by a lack of oxygen to the brain. This lack of oxygen can occur either before or during childbirth. The disability has left Katie with physical weaknesses as well as some developmental delays, including her ability to talk. Unlike her sister, Emily was not born with cerebral palsy.
 
Both girls are currently being taught at Bloorview Kids Rehab in Toronto, where Katie is learning how to use this revolutionary speech-generating device, which has been custom-designed for her needs and heightened development.

The device consists of multiple screens that Katie can access. Each screen has its own grid of 45 squares, which contain words paired with visual of drawings or photos. The device was designed to be set on a table and can even be mounted onto Katie's wheelchair. It allows Katie to switch from screen to screen and touch a series of screens with word-pictures.These pictures allow her to activate her "voice."

The voice has been designed to sound like a young child and literally speaks for Katie the words that she's physically unable to utter. As times passes, the device will allow her access to thousands more words and phrases.

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For those living with cerebral palsy and other disabilities getting around town can be far more frustrating and difficult than it is to the average person. One person who experiences trouble each day while out and about is Ben McMullan. When Ben, who is living with cerebral palsy, comes to a curb he can't simply step down for it. Instead it takes many attempts as the motion of stepping his leg down things is hard.
 
McMullan, who is 29, has spent his life living with the disability, cerebral palsy. As a result his ability to move and maintain normal balance and posture is more difficult than for the average person. For the many others just like Ben who are living in the United States with disabilities the curb-cut ramps would reportedly make it easier to cross the street.

Northern California Cities Take Action

In order to accommodate the disabled, the city of Burlingame has reportedly outlined about $400,000 worth of projects to be approved and implemented in the next couple of years in the Northern California area.  According to reports, many cities have already approved the projects, which aim to upgrade sidewalk ramps, curbs and gutters.

Diana Conti, who serves as the executive director for Parca, which is a nonprofit in Burlingame that provides programs and services for those with disabilities and their families, has stated that these new accommodations will ensure safe access throughout the cities for everyone, despite the high costs.

“I know everyone’s cutting back and times are tough,” says Conti, “but this is necessary.”

Disabilities Act of 1990 Calls for Such Projects

According to the Americans with Disabilities Act of 1990 these projects are called for and required to be implemented throughout the country. This federal law not only prohibits discrimination and requires equal opportunity in the workplace for those with cerebral palsy and other disabilities, but it also requires that the disabled have access to public facilities, state and local government services, and transportation.

McMullan is currently employed for the Center for Independence of the Disabled in San Mateo and said was once a resident of Washington, D.C. He claims that California, of all the cities on the West Coast have more accessibility improvements. But, adds, that more still need to be made. 

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A teenage girl who was born with cerebral palsy was recently awarded a multi-million dollar settlement in the lawsuit filed by her family against a Massachusetts hospital. The girl was reportedly the victim of medical malpractice and suffered from life-altering injuries during her birth at Pilgrim Hospital in Boston. The compensation package has been given to the victim and her family by the NHS. 
 
Teenager Faces Life with Disability
 
Amelia Alner-Biggadike, 16, is now living with cerebral palsy, and will be confined to a wheelchair for the rest of her life due to the fact that she was deprived of oxygen when her mother was giving birth to her at Pilgrim Hospital, in Boston, on New Year's Day in 1993.

According to reports, the East Midlands Strategic Health Authority finally admitted to wrongdoing and openly stated that the injuries were the result of negligence on the hospital's part. They also reportedly agreed to compensating Amelia and her family with the massive payout.

The settlement money will reportedly go toward Amelia's medical expenses and the cost of her care for the rest of her life. Amelia's mother claims that even though her daughter is living with cerebral palsy and disability, she is of normal intelligence and the two share a very close bond. 

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Two Michigan residents, who have led seemingly opposite lives, have grown to build a close bond and serve as an inspiration to many. The two strangers met by chance and ever since have a hard time spending time a part.

Greg Simony, 30, was once an alcoholic who was overweight. Until he started working out and decided to improve his life and his health. He quickly dropped 50 pounds and began a career as mental health counselor, a choice that he claims "changed his life."

Chance Meeting Leads to Lasting Bond

Les than a year ago, Simony walked into Booker High year ago and met with the school's guidance councilor Hulda McKinnon. He explained to her that he was looking for a terminally ill person who would be able to compete in a triathlon with him. McKinnon knew of the perfect person, her daughter Nadia.

Nadia McKinnon, 32, who loves SeaWorld, movies and sitting watching Booker High football games. She was also a mere two pounds when she was born and is now living with cerebral palsy. When doctor's gave Nadia a cerebral palsy diagnosis, they reportedly told her parents she wouldn't live long, but this strong girl with a passion for life proved them wrong.

Nadia may not be able to recite her ABC's or count to three but she can remember the lyrics to every song she hears at church. Her mother explained to reporters that it wasn't until the day Greg knocked on their door looking for Nadia that anyone had come to ask her to play or be their friend. Greg began training for his triathlon pushing Nadia in her wheelchair on his long runs, something her mother claims Nadia loved.

The duo continued to train together and their friendship grew closer. On May 3 they took part in a Miami triathlon, which consisted of a 1,500-meter swim, a 24.9-mile bike ride and a 10k run.
According to her mother, Nadia keeps the medal they received from the race in the back of her wheelchair. Greg has continued to train with Nadia for various competitions and her family claims that when Greg pushes her, although she's quiet, there's no question she enjoys taking part in the races and spending time with her friend Greg.

Greg  says Nadia keeps him running toward something better and helps him reach his goals with each race. He says he knows if he stops he would be letting her down, so he forges ahead. 
"I love putting a smile on that girl's face,'' says Greg.

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A settlement was recently reached in a lawsuit which was filed against the UC Davis Medical Center. The suit was filed by the family of a child who was born with brain injuries and cerebral palsy. The family of the boy blames the hospital for their son's injuries and altered living circumstances and according to the recent verdict, a Superior Court judge in Sacramento also found the hospital to be at fault.
 
The family was awarded $5.75 million in the settlement against the UC Davis Medical Center where the child was born. Of the many birth injuries that occur each year in the United States, a large portion are due to medical malpractice. They also often result in the development of cerebral palsy and other neurological disorders or even death. 
 
Cerebral Palsy Lawsuit Details
 
The parents of a Cannon Hoops, a now four-year-old boy who is living with cerebral palsy and other disabilities, filed the suit after he was born with birth injuries on December 1, 2004. According to reports, Superior Court Judge David I. Brown announced that the Hoops' should be compensated a total of $5.75 million to be payed by the UC Davis Medical Center. The settlement, which is to go towards medical expenses for the boy and to compensate for his loss of enjoyment of life, is said to be the largest settlement against a university to settle a medical malpractice claim to date.
 
"As a result of the injury to his brain during his birth, the minor Plaintiff has cerebral palsy and will require lifetime attendant care for his basic activities of daily living," Beverly Hills lawyer Dr. Bruce G. Fagel stated in a declaration.

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A girl who was born with cerebral palsy as the result of medical malpractice was recently awarded $43.5 million by the former hospital where she was born. The settlement is believed to be the largest personal injury lawsuit in the history of the Capital Region. Bellevue Maternity Hospital in Niskayuna, New York was sued by the woman for reportedly causing her to have severe brain damage and suffer from the disability cerebral palsy. The girl, who was born in 1984, carried the suit through after her mother, J. Tracey Busome, initially filed the cerebral palsy lawsuit after giving birth. 
 
Medical Malpractice Lawsuit Details
 
According to reports Tiffany Busone, now 24, claimed in the lawsuit that as a result of medical malpractice she suffers from cerebral palsy. At birth she did not get enough oxygen and doctors failed to  resuscitate her. Documents claim she was deprived of oxygen for up to 15 minutes. Although Busone is living with above-average intelligence and even was able to obtain her college degree from Arizona State University, she has been confined to a wheelchair and doesn't have proper motor skills due to her brain damage.
 
As compensation for her life-altering disability the reward will be broken down to benefit all aspects of her life. Twenty million dollars will reportedly pay for home health aides, while another $15 million will go towards the pain and suffering she has endured as the result of her disability. Another $6 million will contribute to past pain and suffering and the remaining balance will go toward medical expenses and loss of earnings.

Even with her intelligence and college degree Busone faces a disadvantage for the rest of her life since she will always require a wheelchair, the help of home health aides and full medical equipment. Due to all of this, she will never be able to work or support herself financially.

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The makers of Botox, Allergan Inc., recently filed a lawsuit against the FDA. The lawsuit is in light of the FDA’s regulations that ban drug companies, like Allergan, from marketing drugs for uses that haven’t been approved as safe according to the FDA.

The complaint was filed last week in the U.S. District Court in Washington, D.C., and claims that the FDA’s hold on how companies market their goods violates their rights to free speech. The ban reportedly prevents Allergan from offering information to customers about off-label uses for their product Botox. Doctors have approved the anti-wrinkle cream to be used as a treatment for cerebral palsy and other disabilities.

The Fine Line Between Marketing and Prescribing

According to federal guidelines, doctors are permitted to prescribe medications like Botox if they have been proven to treat illnesses like cerebral palsy. However, they are not permitted to market the application for cerebral palsy or other unapproved uses.

Allergan claims in their lawsuit that the ban violates the first amendment and prevents them from providing valid and true information that could help doctors help effectively treat their patients.

What is Botox?

Botox contains a small amount of Botulinum Toxin A. This can cause muscle paralysis. Since it causes the muscle to stay in place it has been widely used and marketed for cosmetic uses to help remove wrinkles.

Another common off-label use for Botox is to help treat children who are living with cerebral palsy. Those with cerebral palsy are reportedly given a larger dose of the drug to help control their muscle spasms. Doctors claim Botox can help prevent muscles from involuntarily contracting and it can help ease stiff and jerky movements that are commonly linked with cerebral palsy.

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According to recent reports, and estimated one in ten of the babies in the world are born premature. As a result, many of them develop disabilities like cerebral palsy and about one million newborns die each year. This new information has been released to the public by the March of Dimes. Apparently, the rates of premature birth resulting in disabilities or deaths are highest in Africa, though North America follows at a close second.

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New research conducted by Dr. Denis Azzopardi from the Division of Clinical Sciences and Medical Research based at Imperial College in London could potentially help future babies born with cerebral palsy. According to the new research, newborns who are deprived of oxygen during labor have a much lower risk of brain damage if they are immediately given mild hypothermia. Studies conducted on more than 300 babies revealed that full-term babies who didn't get enough pxygen at birth were 57% less likely to live without brain damage if they were instantly cooled.

More research is currently being done on this topic as many are hopeful that it could prove to be a successful treatment to prevent the development of cerebral palsy and brain damage in newborns.

Study Details

The study conducted by Dr. Azzopardi and her collegues is being referred to as the Total Body Hypothermia for Neonatal Encephalopathy Trial (TOBY). TOBY consisted of randomized-controlled tests with infants who were less than six hours old. All of the infants studied had reportedly been born early, within four weeks of their expected due date, with a medical condition known as perinatal asphyxial encephalopathy. This condition is usually caused by a lack of oxygen to the infant's brain during childbirth. It is also   responsible for the high rates of cerebral palsy that occur each year worldwide.

The researchers chose 325 of these newborn infants with the condition to get either intensive care alone (162 babies) or receive intensive care with cooling to 33.5°C for 72 hours (163 babies). They were looking for the rate of death and disability among these newborns in the test. They also looked for 12 other neurologic outcomes, such as cerebral palsy, and 14 adverse outcomes.
Reports claim that the cooling was only done with approval from the parents. The cooling consisted of time for the baby in an incubator with the power completely turned off. A target temperature of 33 to 34°C was kpet during this time by putting the child on a fluid filled cooling blanket. 
 
Results of Cerebral Palsy Study

Researchers report that of those infants in the cooled group, 42 babies died and 32 survived, but with nereological disorders. In comparison 44 infants in the non-cooled group died and 42 were diagnosed with neurological disorders. Researchers also noted that the significanlty reduced the risks of cerebral palsy in the infants. More research and studies continue to be done on cooling in hopes that it will be perfected to make an even greater difference statistically and help save lives.

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Each year thousands of innocent people are diagnosed with cerebral palsy. However, many may not be familiar with this disability that affects so many and has been the subject of so many medical malpractice lawsuits in the United States.

The term "cerebral palsy" can actually be used to refer to a number of neurological disorders. These disorders become evident in infancy or early childhood and they can have a life-altering affect on how the body moves and brain functions. Cerebral pals is caused by an irregular function in the section of the brain that controls muscle movements.
 
A majority of the children that are born with cerebral palsy are not diagnosed until a few years after they begin to grow and develop. Though in some cases, this disability is detected at birth and can even be caused by medical mistakes during the pregnancy or delivery of the child. Some common signs of cerebral palsy are: 

•  Lack of muscle coordination
• Stiff or tight muscles
• Walking with one foot or leg dragging 

How Can Cerebral Palsy be Treated?

Although no cure has been found for cerebral palsy, researchers have discovered various treatments that can help improve a child's capabilities when they are living with the disability. If the disability is managed properly, there is a good chance that the child can enjoy normal activities well into their adult lives. But this various depending on the severity of the case. Some treatments that have proven to be successful for cerebral palsy patients are physical and occupational therapy and speech therapy, and medications to help control muscle spasms and ease pain.

How to Get Help If Your Child Is Born with Cerebral Palsy

If you have a loved one who is living with cerebral palsy there are many doctors and therapists that can help him or her with treatments and offer you and your family support. Cerebral palsy is a difficult disability for those who have and for those who are directly affected. But through support groups, treatments, and medical care you and your loved ones can rest assured that you are getting the proper care. 

If you believe that your loved one was born with, or developed, cerebral palsy as the result of a medical mistake there are also cerebral palsy attorneys who can assist you. Cerebral palsy attorneys specialize in cerebral palsy medical malpractice cases and can get you and your family the compensation you deserve for any wrongdoing. 
 

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A revolutionary device has recently been credited for helping those who have received a cerebral palsy diagnosis be better able to walk and move. Matthew Eckley reportedly walked on a treadmill recently. He also successfully did 45 sit-ups and even touched his toes to loosen up his hamstrings. To the average 2 year old boy this is an impressive workout, let alone a child living with cerebral palsy. But Eckley, was was the victim of medical malpractice and has been living with cerebral palsy since birth, can do just that, and possibly more. All thanks to space-age technology. 
 
TheraSuit Proves to Be a  Success

So how can Matthew move with the normal strength and energy of a child who is not disabled? He is currently undergoing an intensive therapy program with the help of the TheraSuit, The TheraSuit is an FDA-approved orthotic device that has specifically designed to line up a patent's body properly while enabling them to increase their strength and coordination in the meantime.
This state-of-the-art suit has been modeled after Russian cosmonaut uniforms and it is worn to counteract the effects of weightlessness, which often prohibits those with cerebral palsy and other disabilities from moving properly. This is often caused by muscle atrophy and bone density loss.According to reports, Matthew partakes in the program for three hours each day every week. The program is offered at Lampert's Pediatric Clinic in Largo.

"Our goal is to have him walk," his mother Colleen says with hope. "It may not be a pretty walk, but he should be able to one day."
 
Although without the suit Matthew can only crawl on his elbows, dragging his body therapists and his family believe he is only getting stronger with each passing day, and with success stories of the past backing their hopes, its very possible that these "hopes" can turn to reality in the near future.

"In our minds, he's perfect," says Colleen. "God doesn't make mistakes. God gave him to us for a reason and that's because he knew we could take care of him."

What is the TheraSuit?

The TheraSuit Matthew is receiving therapy in consists of vests and shorts, knee pads and shoe attachments. Therapists also use elastic bands and sand bags to help correct posture in conjunction with the suit. This technique also reportedly helps support and stretch the child's muscles.

Each session begins with hot packs to warm the muscles and a massage. Then comes the strength training exercises. With support and guidance from his therapist Matthew is able to get on the treadmill in his suit and walk with a normal gait and balance. Though the sit ups aren't his favorite, Matthew is reportedly all smiles when he's enabled to do the "spider." This allows him to spring up and down on his own with the help of bungee cords, which are attached to the side of his suits.

In Matthew's case, the goal of this type of therapy is to stretch his hamstrings and abductors, while also strengthening the abductors in his legs and building his core muscles. However, the benefits vary depending on the special needs of each patient. 

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Recent reports state that a Chesapeake woman recently filed a lawsuit on behalf of the rights of her son who is living with cerebral palsy. The lawsuit has been filed against the Lawrence County Board of Developmental Disabilities and claims that the woman's disabled son’s civil rights were violated while he was a student at Open Door School. A jury trial has reportedly been set to start on September 27, 2010.

Donna Hundley filed the lawsuit on behalf of her son, who is 11-years-old. The boy is living with autism, cerebral palsy, and ADHD. According to reports, the boy also suffers from other medical issues such as chronic migraine headaches and sleep disorders. He was enrolled at Open Door School from 2004 to 2008.

Lawsuit Allegations

Among the allegations in Hundley's lawsuit are accusations that the meetings held by officials at the Open Door violated the Individuals with Disabilities Education Act. She has also claimed that there was no reading curriculum geared toward children with disabilities, particularly autistic children and that her son's teachers were not qualified with the appropriate special education certification to teach him.
 
The school board has denied these allegations, thought Hundley reportedly has witnesses and proof of them not following the state guidelines for those with disabilities in a classroom setting. Hundley is seeking unspecified damages in the lawsuit and names the board's superintendent Paul Mollett, Open Door's principal Kendra Kelley, speech therapist Daniel Honaker and the boy's teachers, Vanessa Honaker, Glenda Deering and Carrie Blevins, as defendants.

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When Jessica Spear gave birth to her son Brendon Spear she believed that aside from some abnormal behavior from time to time after being born he was a normal, healthy child. However, only weeks after his birth she reports that he was unable to turn his head to the right. A couple of months later she noticed that he was clearly left handed because he only used his left hand to touch anything. When he began walking at 13 months, Spear became more worried as he kept falling because he had trouble picking up his right foot to walk.

Spear, who is a resident of St. Louis, promptly decided that these actions may not be a coincidence or “normal” and decided to take Brendon in to be examined by doctors.  At 19 months old, and after several examinations, it was discovered that Brendon was suffering from the neuromuscular disorder cerebral palsy. The disorder, which will serve as a disability for the remainder of his life, was the result of a stroke he suffered while still in the uterus, though doctors did not catch that he had either had the stroke who was born with cerebral palsy.

"It was devastating because one, you never hear of stroke in children, and two, it took so long to get a diagnosis," says Spear. "I thought, 'why the heck didn't someone tell me this long before now?' I felt very isolated as a parent."

Stroke Is Rare but More Severe in Children

Although there are reportedly few cases of pediatric strokes that occur in the United States, the repercussions they can have on the infant’s body can potentially be worse than in adults. Strokes in children can lead to a variety of brain and learning disorders, but the main disability found to affect child stroke victims has been cerebral palsy. In light of Spear’s case and the few others like hers, more research is being done on stroke in children, treatment, and early detection by doctors. Some studies have surfaced claiming there are more cases of stroke in infants through their teen years than was previously known. Researchers believe they are finding a higher rate of pediatric stroke than they thought they would because of improper coding or typing errors in medical records at hospitals throughout the country. 

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According to recent reports, more than 25,000 children are born each year in the United States with microcephaly. Microcephaly is a condition in which the circumference of the head at birth is smaller than that of 97 percent of children when just born. Microcephaly is not just something that can affect newborns, but also something that can become a health issue later in life, until about the age of two.

Researchers are now finding that while this condition poses a problem in itself, more and more children with microcephaly are developing other long-term disabilities and illnesses. Among some of the most common conditions linked to microcephaly are cerebral palsy, epilepsy, and cognitive delays. In light of this new information, researchers are urging parents and doctors to be even more aware of the development of the fetus and even screen for microcephaly once the child is born to avoid cerebral palsy and other disabilities from affecting their future.

Smaller Head Accounts for Development of Cerebral Palsy

Statistics show that of the children born with microcephaly, 20 percent also develop cerebral palsy whether immediately or slowly as they begin to grow. However, researchers are worried that not enough doctors are on the lookout for this rare disorder. Though they find it necessary if medical groups want to avoid one of these life-altering conditions from affecting children under their care, and the potential of cerebral palsy lawsuits in the future.

Special treatments and screenings have been proven to be helpful in determining whether a child born with a smaller than normal head will develop disabilities like cerebral palsy. Among the screenings that are helpful are brain scans such as an MRI or CT scan. Genetic testing can also help doctors see the causes of microcephaly in newborns.

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An appeals court ruling that happened earlier this month may greatly broaden the number of brain injuries that can be covered by a “no fault” insurance fund for birth-related injuries in the future.

In its ruling the court claimed neurological injuries such as cerebral palsy that “manifest at a later date”, can also be compensated by the fund. The fund, which is being referred to as the Florida Birth-Related Neurological Injury Compensation Association, or NICA, is reportedly being paid for by doctors and hospitals. Since the ruling was announced many, including, James Gustafson, are asking for clarification. Gustafson, is the attorney for Robert and Tammy Bennett, who filed a cerebral palsy lawsuit on their daughter Tristan’s behalf. Tristan was born with cerebral palsy due to an injury she suffered during delivery.

According to the Bennett’s and reports the administrative judge said they would not be covered for their daughter’s injuries. The court further explained that the presumption given to plaintiffs is that medical malpractice claims covered under NICA should also be applied to doctors and hospitals that serve as the defendants in these cases. The defendants in this case are St. Vincent’s Medical Center, Inc., William H. Long, M.D. And North Florida Obstetrics and Gynecology, P.A.

What is he NCIA?

NICA was formed by the Florida Legislature in 1988 with two main goals in mind: it was hoped to lower the costs of medical malpractice insurance for those who deliver babies. It was also meant to provide compensation, on a no-fault basis, for limited class major injuries, often those ending in death.

The NICA has been set up to give lifetime benefits for hospital, medical, rehabilitation, therapy, training and custodial care for children affected by cerebral palsy and other neurological disorders. Cases that go through the NCIA system are not compensable through traditional litigation.

In the case of Tristan Bennett, the little girl experienced oxygen deprivation during birth before suffering from pulmonary bleeding in the in-care nursery. She was later diagnosed with a neurological injury as well as cerebral palsy.

The Division of Administrative Hearings judge ruled that the injury is not eligible to be covered under NICA because her disabilities most likely didn’t occur until a week later while she was in the nursery. The court records show also served as a decision maker to the judge seeing as the St. Vincent’s Medical Center, Dr. Long and North Florida Ob-Gyn argued that since Tristan met all the prerequisites for a NICA injury under their care, they should receive the same compensability options as Tristan’s parents. 

However, the Bennett’s and their attorneys refuse to settle for anything less than they, and their now terminally disabled child, deserve.

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The Indiana Department of Health and Human Services recently ruled that found a local nursing home in Jeffersonville is deficient in seven categories. The ruling comes in light of an alleged sexual assault that occurred against a woman living at the home with cerebral palsy last March. 
 
The report claims that the Hillcrest Centre for Health and Rehabilitation, failed to adequately protect a 33-year-old disabled woman. The detailed report goes on to say that those working at the home fail to properly monitor the whereabouts of their residents and don’t notify family members immediately when there are changes in the resident’s condition that require emergency medical intervention.

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Cerebral palsy is a disability that affects an estimated 8,000 babies each year. This neurological condition can have a lifelong impact on the movement and coordination of the body. Due to the nature of this disability and its affect on the brain and muscles, many children who live with cerebral palsy require a wheelchair or walker to move around. Not only is this technology helping kids move in a more normal fashion, but according to researchers it’s also helping kids with cerebral palsy feel more confident.

Little Girl Benefits From Technology

Jenna Culleeney was born with bleeding in her brain, which caused her to be born with the disability, cerebral palsy. At sixteen weeks she reportedly weighed a mere pound and a half. After having surgery to break and re-set her legs, she was still having trouble to walk says her mother, Nannette.
To help Jenna walk the therapists at Shriners’ Hospital for Children strapped her into a robotic machine that has recently been shown to help children with the disability balance and find a way to walk that works for them. The legs of the machine have been specially designed for children’s legs.
 

Therapy Details
 

The machine enables children to repeat the same motion on a consistent basis. This helps their muscles become stronger and even increases their endurance. There are currently six centers across the United States that are using this type of robotic therapy for children with the cerebral palsy disability.


 

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D.J. Gregory born 10 weeks premature with underdeveloped lungs. During the time he spent in the neonatal intensive care unit, he was given too much oxygen, and as a result he developed cerebral palsy. The final diagnoses of the disability was given to his parents at the age of two. At this time, he and his parents were told he would not be able to walk for the rest of his life.
 

However, a now 30-year-old Gregory proved doctors and doubters wrong when he walked all 3, 256 holes of the 2008 PGA Tour. He also proved them wrong just last Monday when he was seen at the Turtle Run Golf Course walking nine holes while playing his favorite sport of golf. Throughout the years, Gregory has proved to others, and himself, that whether you have a disability or not, you can redefine the odds.
 

Cerebral Palsy Victim Speaks to Students About Courage
 

During his recent visit to Savannah, Georgia, Gregory, who recently wrote the book “Walking with Friends”, was asked to speak to young adults about courage and the power that is within us all. Throughout his life he has inspired those around him with his many speeches, appearances, and round of golf (amongst other sports), so to Gregory the speech to the large audience was literally just “a walk in the park.”
 

Gregory spoke to the youth of the Danville Public School Foundation to share his triumphant story and encourage them to also overcome obstacles and set goals within their own lives. After his speech to the youth he was the guest of honor at the Turtle Run Golf Course and spoke there, before hitting the green for a round of golf.
 

Golf Inspires Gregory to Work Toward Goals Despite CP
 

Gregory reportedly learned to play golf at the age of nine despite his disability and his father, struck by his fascination of the sport, took him to his first professional tournament when he was twelve. Since this time it became his lifelong dream to become one of the professionals who walked from hole to hole.
 

Gregory earned his master's degree in sports management and quickly discovered a way he could make his dream a reality. He received permission from CBS golf commentator Jim Nantz and the PGA commissioner and walked every hole of the 2008 PGA tour in
 

"When you set goals, it's not always easy. There will be bumps in the road. I did fall," Gregory told reporters. But he added that he confidently made his goal to fall only one time or less per week.
During his journey, Gregory gained respect from many professional golfers and has even formed lasting friendships with some, including Kenny Perry. His story of overcoming one of America’s most infamous disabilities, cerebral palsy also prompted attention from local and national media outlets.

 

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Making crafts has long been used by occupational therapists to help patients with mental and physical disabilities. Well what better way to create various objects through therapy than with various recycled goods? At the recycling therapist you can find different ways to be creative with your patients with the use of recycled materials.

Oftentimes patients aren’t willing to talk openly about a disability they may have. Or they can be in denial and be not willing to share any information about the challenges they face and in some cases, they may be unable to verbally communicate their problem. But through crafts their physical therapist is able to detect any disabilities or any issues that could be hindering their ability to lead a normal life.

The movements an individual makes when creating something can show a great deal about their neurological and sensory capabilities. Arts and crafts can also give clues about a person’s motor skills.

As a physical therapist when you use recycled goods to work with patients it not only helps with a disability but it can also do a great deal of good for the environment. The materials that are best to use are easily collected, free, and can be used in many unique and versatile ways to create a wide range of things. Not only can you create almost anything with recycled goods, but the products can be used over and over so your patients will have fun while working with them and feel rewarded in the end. The activities talked about throughout the blog are catered more towards adults with disabilities, but overall these crafts can be put together by those of all ages to help improve their fine and gross motor skills. There’s no need to waste money and materials to create with, use recycled goods and treat your patients and the environment well!

For more information on fun activities for those with disabilities, please visit www.kinderart.com


 

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Although no cure for cerebral palsy has been found yet, there are various treatments and different therapies that can help improve the lives of those living with the disability. Two forms of therapy that have been proven to help patients with cerebral palsy are hippotherapy and creating crafts.

Hippotherapy is a specialized treatment that can be beneficial to both children and adults who are living with various physical and emotional disabilities. This type of therapy is also unique in the fact that it can help those with speaking and language disabilities. Hippotherapy uses the way a horse moves while walking to help with neurological function and sensory processing. It can help those living with cerebral palsy, autism, multiple sclerosis, traumatic brain injuries, psychological disorders and more. Unlike other forms of therapy that use horses, hippotherapy doesn’t teach patients riding skills as part of their treatments. Instead, it is dependent on the actually pelvic movement of the horse as it walks to help an individual. To learn more about hippotherapy, visit http://www.horseot.blogspot.com.

Another form of therapy that is widely used on those with cerebral palsy by therapists is the art of craft making. Those with cerebral palsy can’t always verbalize how they’re feeling or specify what challenges them most in their day to day lives. But through activities like making crafts, physical therapists are able to detect these challenges and work on improving them. When someone is creating something their movements can show a great deal about their neurological and sensory capabilities. It can also give clues about the level of a person’s motor skills. To learn more about this form of therapy and how you can create crafts using recycled materials visit http://www.recyclingot.blogspot.com.

Both of these therapies can not only help patients living with cerebral palsy, but they can also be beneficial to those living with multiple sclerosis, brain injuries, autism, and a variety of other disabilities and physical and mental illnesses.



 

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Nearly six million Americans are currently living with paralysis, and about 7% of those cases of paralysis are due to cerebral palsy. That’s approximately 412,000 people across the U.S., according to recent research by the Christopher & Dana Reeve Foundation. If you’re living with cerebral palsy, or taking care of someone who is, you don’t have to be just another statistic.
 

The Reeve Foundation, as part of its campaign to cure paralysis, wants you to “be counted” – to add your voice to the millions of others out there dealing with paralysis. As the saying goes, “there’s strength in numbers” so go to the Foundation’s website and put yourself on the map. You can even share it with your friends who can be counted to show their support.
 

 

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A settlement agreement was reached in a cerebral palsy lawsuit right as the jury was deliberating a verdict after an intense four-week trial. The terms of the settlement are confidential, but medical attorneys for the young boy at the center of the case and his family said that the dispute has been “resolved.”
 

The case involved the birth of Leondo Stanziano, who was born on December 11, 2000 at an Ohio hospital. His mother, Renetha, was considered a high risk VBAC patient. VBAC means vaginal birth after Caesarian, and women who fall into this category are at risk for a ruptured uterus.
 

According to the lawsuit filed by the family, the hospital staff failed to properly monitor Renetha’s labor and caused her uterus to rupture by giving her too much Pitocin (a drug used to induce labor). The complaint stated that the baby went without oxygen for about 18 to 20 minutes after the uterine rupture and this caused him to suffer severe brain damage and cerebral palsy.
 

As a result of his injuries, the boy requires a feeding tube and round-the-clock care, is unable to speak, and will never be able to work. The settlement money will help to provide for his care.

 

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At the Brain Science Institute Toyota Collaboration Center (BTCC) in Japan, researchers have developed a cutting-edge technology that uses brain waves to control wheelchair motion. The technology relies on what’s called a brain machine interface (BMI), and this allows individuals with certain disabilities (including some types of cerebral palsy) to interact with their world by way of brain signals.

To control the wheelchair, users must wear a specialized EEG cap which transmits brain waves to the wheelchair for analysis. The wheelchair processes the signals every 125 milliseconds and the analysis is displayed on a screen so the user can make the necessary adjustments for effective operation.
 

The technology and its applications are still being researched, but a video of the high-tech wheelchair in action can be seen here on YouTube.

 

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Dystonia-choreoathetosis affects approximately 10 percent of all cerebral palsy patients and it is notoriously difficult to treat. However, a new study by French researchers shows promise for treating this form of cerebral palsy.

Using what is known as bilateral pallidal deep brain stimulation (BP-DBS), researchers were able to improve motor symptoms in 8 out of 13 cerebral palsy patients who participated in the trial. Improvement in motor functioning was based on a movement rating scale and ranged from 21 to 55 percent, with an average of 24.4 percent. The researchers also found that the deep brain stimulation helped to reduce pain.

Deep brain stimulation involves the use of an implantable device that operates similar to a pacemaker. Whereas a pacemaker uses electrical currents to help regulate heartbeat, deep brain stimulation uses electrical impulses to help the brain control movement in the body.

Although the initial results are promising, researchers made sure to point out that the study was small and additional research is necessary – particularly with regard to treating cerebral palsy symptoms in children.

 

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Evidence has shown that magnesium sulfate – a common compound found in Epsom salt, for example – reduces the risk of cerebral palsy in preterm babies. However, there is still some debate as to whether magnesium sulfate should be administered for this purpose.
 

In the current issue of the American Journal of Obstetrics & Gynecology are several articles that shed light on the debate. One article concludes that persuasive evidence exists for the use of magnesium sulfate in women at high risk of delivering prior to 34 weeks gestation. Another article lists the pros and cons of using magnesium sulfate for cerebral palsy prevention, and also discusses the strengths and weaknesses of existing studies. The last article offers one physician’s clinical opinion that the compound has the potential to prevent 1,000 cases of cerebral palsy in the United States each year.  

What is cerebral palsy? Cerebral palsy is a chronic motor disability that is diagnosed in thousands of infants and children annually. There is no cure for cerebral palsy and the estimated lifetime cost of treating the condition in an individual is approximately $1 million. If you think your child’s cerebral palsy was caused by medical negligence, you may be entitled to compensation and you may wish to have a medical attorney evaluate your case.

 

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On Thursday, July 2nd, the Today Show will feature a story on the robotics research being conducted to improve the lives of children and adults with cerebral palsy. For the segment, the show visited the Rehabilitation Institute of Chicago and the Blythedale Children’s Hospital. The show will specifically focus on how robots can be used to improve cerebral palsy symptoms in the arms and legs.
The Today Show runs from 7 to 11 a.m. ET on NBC, but the segment may be available on the show’s website after it airs.


 

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Laws intended to make technology more accessible to individuals with disabilities like cerebral palsy, hearing problems and paralysis, for example, are rapidly being outdated because of the rate at which technological advances are made.  To make sure legislative and regulatory safeguards keep pace, a coalition of more than 230 organizations was founded.
 

COAT is the Coalition of Organizations for Accessible Technology and it has two primary areas of advocacy – communication and video programming access. Specific issues the group is concerned with include:

• Ensuring 911 calls can be made with Internet and video communications
• Extending telephone relay service (TRS) obligations to Internet-based providers
• Making sure Internet-based communications products and services are accessible
• Extending closed-captioning regulations to Internet-based video programming
• Requiring accessibility features on video programming devices

Accessible technology is important in our increasingly Internet-driven and technological world. If you would like to learn more about current laws on accessible technology and what’s being done to change these, visit the COAT website.

 

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The Agency for Healthcare Research and Quality (AHRQ) recently released new data on the rate of birth injury in the United States and found that overall the numbers are declining. However, there were still almost 158,000 preventable injuries to mothers and their newborns in 2006 (the most recent year data was available).
 

Birth injuries range from minor bruises and scrapes to brain damage, cerebral palsy, Erb’s palsy and other more serious conditions. According to the AHRQ report, birth injuries were highest among:

• infants born in rural areas
• infants born in the Northeast
• Caucasian infants
• Infants covered by Medicaid as opposed to private insurance

Though not all birth injuries are preventable, some are caused by medical negligence on the part of a doctor, nurse, physician assistant or other healthcare professional. To learn more about birth injuries that may be caused by medical negligence, check out the articles on our site entitled What is cerebral palsy? and Erb’s Palsy.

 

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Nearly 14 percent of children in America have some kind of special health care needs, including those who are affected by cerebral palsy. Though it is not often talked about, kids with cerebral palsy symptoms and other special needs sometimes suffer from mental health problems in addition to their physical impairments. Early intervention can reduce the impact of such problems in children, and there are a number of resources parents can take advantage of to help their child.
 

In fact, the National Child Care Information and Technical Assistance Center has a listing of national and state resources for supporting the mental health needs of young children. Find a resource near you by visiting the NCCIC website today.

 

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You don’t have to feel helpless if you are the parent of a cerebral palsy child. You are your child’s greatest advocate and though it may not always seem to be the case, your voice does matter. Below are five tips on how to be the most effective advocate for your child:
 

1. Choose an issue of importance to you and your child – Is it education? Accessibility? Healthcare? Once you have your issue, ask yourself what you would like to see accomplished and then list ways in which this might be achieved.

2. Find other supporters – Parents, healthcare groups, disability organizations, and government officials working on similar issues can be of great assistance to you.

3. Share your story – Educate others by sharing your story with lawmakers, civic groups, non-profit organizations and professional societies. You may even want to write a letter to the editor of your local newspaper.

4. Never give up – Changing policy is no easy feat, but don’t let this get you down. Persistence is key.

5. Vote – Make sure to choose candidates whose interests are in line with yours.

 

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In April, Honda introduced two walking devices designed to assist people with weakened leg muscles and other mobility challenges. Though the devices are still in the testing phase, they seem to hold promise for individuals whose mobility is impaired by cerebral palsy symptoms.

The Stride Management Assist and the Bodyweight Support Assist are both lightweight, wearable walking devices that rely on computer sensors to obtain information about the user’s stride and pace.

This information is then used by the device to apply “cooperative control” – in other words, to make calculated adjustments so that walking is easier. The second device, however, is also designed to support some of the user’s bodyweight and reduce pressure on the leg joints during physically strenuous activities.
 

Honda is applying for patents for both devices and is still working to ensure that they are effective in real-world situations.


 

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It has been several months since President Barack Obama took office, and there have been a number of changes in disability policy since that time. Perhaps one of the most significant changes has been the repeal of Bush Administration restrictions on stem cell research. However, there are others including:
 

*The signing of the Christopher and Dana Reeve Paralysis Act, which is aimed at improving the lives of Americans living with paralysis
 

*The signing of the American Recovery and Reinvestment Act, which provides funding for state Medicaid programs, vocational rehabilitation services, IDEA (Individuals with Disabilities Education Act) and the Social Security Administration (specifically to help reduce its disability application backlog)
 

*The appointment of Kareem Dale as the first Special Assistant to the President for Disability Policy

Disability policy in the United States affects the more than 50 million people who are currently living with disabilities such as cerebral palsy (watch our what is cerebral palsy video), multiple sclerosis, autism, Down syndrome and paraplegia. If you are interested in learning more about Obama’s disability policy, check out the new White House website.  

 

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Intensive locomotion therapy is a relatively new area of research in treating cerebral palsy symptoms in children, and clinical studies involving the Pediatric Lokomat® have so far shown positive results.
 

What is the Pediatric Lokomat?
 

The Pediatric Lokomat is essentially a robotic treadmill training device. Unlike manual treadmill training that requires the assistance of a physical therapist, the Pediatric Lokomat uses robotic gait orthoses and harnesses to guide a child through the session. The device monitors the patient’s movements and can be adjusted to meet individual needs.

The Pediatric Lokomat is appropriate for children over the age of four with cerebral palsy and other gait-impaired patients.

Clinical research projects involving the Pediatric Lokomat can be found at various hospitals across the United States. Your child’s medical providers may be able to provide you more information regarding this particular type of therapy.

 

 

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Social networking – everybody’s doing it, and there are numerous outlets for individuals to make meaningful connections. Among the more common social networking sites are Facebook, MySpace and Twitter. But now there is a site specifically dedicated to those whose lives are in some way impacted by cerebral palsy, and it’s aptly called Cerebral Palsy Social.
 

People are encouraged to share their stories, discuss new technology or treatments, ask questions and just generally interact to build a stronger, more informed cerebral palsy community. The site allows video and audio uploads as well as blog posts and photo sharing. Twitter, FriendFeed and Skype are also accessible through the site.

Sign up for an account at  www.cerebralpalsysocial.org.



 

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Sometimes one of the greatest challenges of caring for a special needs child is finding the right team of medical professionals. However, there are a number of resources available to help parents of cerebral palsy children find the right doctors for their special needs.
 

The American Academy for Cerebral Palsy and Developmental Medicine is one such resource. The group’s website is primarily dedicated to providing information to healthcare providers in the area of childhood-onset disabilities such as cerebral palsy. But it has recently added a new section to its website for patients and families. This section provides several features, including a listing of family events and websites of interest. It also provides a directory of medical professionals, so parents and patients can look up physicians according to specialty – for instance, pediatric neurology or developmental pediatrics.
 

Read more about what is cerebral palsy or visit the AACPDM website.

 

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Last week, a Frederick County jury found two doctors responsible for Ryan Dineen’s cerebral palsy and awarded the boy and his mother, Suzette Dineen, $4 million in damages. The award is thought to be the highest awarded for medical malpractice in the county.
 

According to the cerebral palsy lawsuit, Ryan’s mother had arrived at the hospital shortly after 5:00 a.m. on May 7, 2000 with severe abdominal pain, diarrhea and vomiting. She was eight months pregnant.
 

Hospital protocol is that women beyond 20 weeks of pregnancy who exhibit such symptoms be monitored in the labor and delivery suite. But Suzette Dineen was instead monitored by nurses in the emergency room for three hours before a physician saw her.
 

The physician had been called in because the nurse was unable to locate the baby’s heartbeat, which the obstetrician determined was low and ordered an emergency caesarean section. By this time, the complaint said it was about 8:20 a.m. and Ryan was born approximately 15 minutes later.
 

His heart was not beating, he was not breathing and he needed to be resuscitated. Consequently, Ryan suffered brain damage resulting in injuries that will lifelong care.
 

"In the right case, with the right set of facts, the Frederick County jury responded like anyone would respond. I think that tells us something: that they're concerned about accountability," the medical attorney for Ryan and his mother said.
 

Cases such as Ryan are extremely unfortunate, and there is no amount of money that can make up for what is lost. But it is possible to hold negligent doctors accountable, and hopefully this helps to save others from suffering similar tragedies.

 

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Last month, the U.S. Secretary of Health and Human Services wrote a Letter to the Editor entitled “Taking Care of Our Caregivers.” The letter appeared in the Washington Post and addressed the current challenge facing the caregiving community and those they serve. 

 
Long-term care, which is often necessary for children with more severe cases of cerebral palsy, can be extremely expensive. In fact, the lifetime cost of care can exceed $1 million. However, the expenses of long-term care are not easily covered and this puts a serious financial strain on many families.

In addition, long-term caregivers are often overworked and turnover tends to be high. As the Secretary states in her letter, it’s necessary to make changes in the system that will make long-term care a more attractive career choice.

It’s natural for parents to want the best care possible for their child, but it’s no secret that healthcare changes are needed to ensure that all individuals with long-term care needs receive the high-quality care they deserve.

United Cerebral Palsy is one of several organizations advocating for the inclusion of long-term care and support services in healthcare reform. Visit the UCP website to find out what you can do to help.

 

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The recent nomination of Judge Sonia Sotomayor to the United States Supreme Court has been met with some optimism by the disability community, which has long lacked a consistent advocate for their right in the nation’s highest court.

In a statement by the American Association of People with Disabilities, President and CEO Andrew J. Imparato said:
 

The disability community has learned the hard way the importance of Supreme Court nominations…Based on our preliminary analysis of Judge Sotomayor’s extensive record on the bench, we are encouraged that she may be the champion we have been looking for.

Supreme Court decisions have the power to impact people with cerebral palsy, Down syndrome, paralysis, and countless other disabilities in areas such as:

• Education
• Employment
• Healthcare
• Housing
• Long-term services and support
• Technology
• Transportation
• Voting

To read more about what the disability community is saying about Judge Sotomayor’s nomination, visit the AAPD website.

 

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An issue that doesn’t receive a lot of attention in the medical and legal communities (but should) is the treatment of women who are incarcerated while pregnant. Proper care of these women during their pregnancy and delivery is crucial to the health of both the mother and her newborn child. However, an unfortunate reality is that incarcerated moms do not always receive the medical care they need and deserve.

In fact, medical neglect is not uncommon in America’s jails and prisons. And for pregnant women and their babies, the following practices can have dire consequences:

• Shackling during medical appointments, labor and delivery
• Delayed care during a medical emergency
• Delayed transportation to a hospital
• Not responding to patient/inmate complaints

In cases involving fetal distress, for instance, immediate care is necessary to ensure the baby receives adequate oxygen supply. Any delays can result in oxygen deprivation, which can lead to brain damage and conditions like cerebral palsy.

Some states have already enacted legislation for a more humane treatment of pregnant women behind bars, but all states need to make sure that the rights of unborn babies are protected. To learn more about how this issue is treated in your state, you should contact your local representative.

If you were incarcerated during your pregnancy and your baby was diagnosed with cerebral palsy, it may be in your best interest to talk to a medical lawyer about the circumstances surrounding your child’s birth.



 

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Engineers at MIT are finding that robot-based therapy can aid limb movement in children affected by cerebral palsy symptoms. Previous research has focused on how robotics can assist adults who have suffered stroke, but scientist Hermano Igo Krebs and colleagues wanted to test the therapy on children, whose brains are more impressionable.
 

Right now research is focused on using robotics to help children with cerebral palsy reach and grasp objects. According to the researchers, the robotic treatments are able to accomplish a couple of things:

• To reduce impairment
• To enable and create neural connections

One in 278 children in the United States has cerebral palsy, according to the Centers for Disease Control and Prevention (CDC) and research into treatments is ongoing.

 

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May is National Stroke Awareness Month and this is a perfect time to learn more about the risk of stroke in children and babies. According to the National Stroke Association, strokes in kids are rare (3 cases per 100,000 children each year) but are slightly more common in children under 2.

When strokes occur in the womb or in the first year of life, there is a greater risk for cerebral palsy.  Cerebral palsy is a group of movement disorders for which there is no cure, though many treatments help to improve the quality of life in those affected.

To learn more about cerebral palsy and stroke, check out the Children’s Hemiplegia & Stroke Association website.

 

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In the early 1980s, Dr. Peter Rosi was criminally prosecuted in Alaska on felony charges of negligent homicide. The case involved the death of a newborn he delivered who had failed to receive the medical attention he needed in a timely manner.

Though acquitted, Rosi was found by the State Medical Board to have shown “professional incompetence” and to have “committed a serious error in judgment.”

He subsequently moved to Illinois, where he would be sued 10 times for medical malpractice. But it seems that Rosi would rather blame parents than himself for mistakes that led to brain damage and death in newborns he delivered.

“Eighty percent of complications in childbirth are psychological. Babies can be killed by a mother’s attitude,” he said in an interview.

It is unfortunate that a medical professional would turn such a tragedy around on the parents, especially a doctor who uses medical techniques that were popular “50 and 100 years ago.”

The truth is that medical negligence in the delivery room is more likely to cause brain damage and death than the mother’s psychological state, if any credence can even be given to his assertion.

In fact, medical malpractice happens all too frequently as many medical lawyers and families can attest. Every year, law firms across the country are winning cases for families of children who have been diagnosed with cerebral palsy, brain damage, and other injuries due to the negligence of a doctor or nurse.

Dr. Rosi argues that “babies die.” Yes, some do. But many babies can live with competent medical care, and everyone is entitled to at least that.

 

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Palsy is a term that generally refers to paralysis of some sort. There are several different types of palsy, two of which are sometimes caused by medical malpractice. These two types of palsy are cerebral palsy and Erb’s palsy.

What is cerebral palsy? Thousands of babies are born each year with cerebral palsy, which is actually not a single condition but rather a group of disorders that affect muscle movement and coordination. The precise diagnosis depends on the areas of the body that are affected and how they are affected, but the different types of cerebral palsy include:

• Spastic
• Athetoid
• Ataxic
• Mixed

Cerebral palsy is sometimes accompanied by seizures, mental retardation, vision problems and other health issues. Though it is not a progressive condition (meaning it does not worsen over time), cerebral palsy does not have a cure. Consequently, doctors primarily aim to manage the symptoms with physical therapy, orthopedic devices, occupational therapy and other innovative treatments.

What is Erb’s palsy? Erb’s palsy is a type of injury to the brachial plexus, which is a group of nerves that run from the neck down the arm and into the hand. Brachial plexus injuries often occur during difficult deliveries – for instance, when an infant’s shoulders have to be forced out of the birth canal. In such cases, a nerve in the brachial plexus can be stretched or torn and this may result in paralysis of the upper arm, both the upper and lower arm, or the hand.

Brachial plexus injuries like Erb’s palsy sometimes heal on their own. However, in severe cases, surgery is required for a full recovery. In other cases, the damage may be permanent.

It’s best to seek the expert advice of a medical malpractice attorney if you think negligence caused your child to develop Erb’s or cerebral palsy after birth. A medical lawyer can determine whether you’re eligible for compensation.





 

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From June 4th through June 7th, people from all across the country will converge on Miami, Florida to participate in the No Barriers Festival – an event that seeks to inspire individuals to overcome their personal challenges.

Who’s Invited?

Everyone is welcome to participate in the festival. In fact, one of the main goals of the event to encourage interaction between athletes, manufacturers, individuals with disability (including those struggling with cerebral palsy symptoms) and anyone who wants to live a more active life.

Where?

The No Barriers Festival will be held at Shake-A-Leg Miami, an inclusive community-based center where children and adults with physical, developmental and financial challenges can go to participate in aquatic sports and activities.

Learn More

To learn more about the No Barriers Festival, visit  No Barriers USA or  Shake-A-Leg Miami.

 

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Medical errors made during pregnancy, labor and delivery, and post-natal care can cause brain damage to the infant and lifelong conditions like cerebral palsy. However, the medical community has been slow to make changes toward reducing the potential for mistakes. But at a recent meeting of the American College of Obstetricians and Gynecologists (ACOG), the emphasis was on making the difficult but necessary changes.

Patient safety expert Dr. Robert M. Wachter, who addressed those in attendance, used the emergency landing of a US Airways plane in the Hudson River as an example of how standardization and training can help doctors prepare for the unexpected.

Dr. Wachter argued that the captain of that plane, Chelsey “Sully” Sullenberger, was able to remain calm during the crisis because he had trained for emergency situations using simulators and also because he immediately made it clear to his co-pilot who was in charge.

In healthcare settings, simulation and team training for unexpected emergencies is not standard but it should be, according to Dr. Wachter. Checklists, computers and standardization are all tools ob-gyns and other doctors should be using to reduce the incidence of medical errors.



 

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Folic acid has long been known to cut the risk of brain and spinal cord defects when taken as a supplement during pregnancy. Now it’s also being linked to a significantly reduced risk of premature delivery.

Premature birth is one of the greatest risk factors for conditions such as cerebral palsy and mental retardation. But if taken for one year prior to pregnancy, folic acid can cut the risk of early preterm birth (28-32 weeks gestation) by 50 percent and very early preterm birth (20-28 weeks) by 70 percent.

These findings are based on an analysis of folate supplementation in 38,033 women who participated in a National Institutes of Health study. The research is published in the current issue of PLOS Medicine, an online journal.

The March of Dimes recommends that women take 400 micrograms of folic acid every day.


 

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All children need and deserve to play, but this is not always easy for the special needs child. Children with cerebral palsy and similar disabilities often feel like outsiders, watching other kids play but not being able to participate themselves. However, a new park seeks to change this dynamic.

Opening in the fall of 2009, Morgan’s Wonderland in San Antonio, Texas will cater to special needs kids, their families and their caretakers. The park is a whopping 21 acres in size and features fully accessible restrooms, playgrounds, train rides, a gymnasium, a sensory village, picnic areas, a music garden and more!

In addition, the park is equipped with a controlled entry and exit for security and visitors receive special tracking wristbands for added safety. And the best part about Morgan’s Wonderland – admission is FREE for special needs kids and adults, as well as their family and friends!




 

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Ankle foot orthoses (AFOs) are types of braces commonly used to treat certain cerebral palsy symptoms – for instance, AFOs may be used to support weak limbs or they may be used to hold contracted muscles in a normal position.

Fit is everything when it comes to AFOs. In fact, achieving optimal results depends on the proper fit and alignment of the brace. But how, as a parent, can you determine whether or not your child’s brace fits properly? Registered Orthotic Assistant and Certified Fitter of Orthotics, Loretta Sheldon, answers this question in a  new article on eParent.com.

In the article, Sheldon provides a number of tips and things to look for when evaluating the fit of your child’s brace, including:

• The space between the heel and the heel cup
• Toe length and extra room for growth
• Brace height and width

Sheldon also discusses brace habituation (adjusting to wear) and working with your clinician. If an AFO has been recommended for your child, this article will prove a helpful resource.




 

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It’s that time of year when parents are looking at education opportunities, alternatives and colleges for their cerebral palsy child. Education for the disability community has been in the news quite a bit recently, and we’ve come across a few articles we’d like to share. Some are purely informational and others are great resources.

Disability-Specific Scholarships on Disaboom – a listing of scholarships for disabilities ranging from visual to physical

Special Education Receives Major Funding Boost on eParent.com – regarding education appropriations under the newly passed economic stimulus bill

Introducing the New Google Lime Scholarship on Google’s blog – for students with disabilities pursuing university degree’s in computer science.

Justices Hear Case on Tuition for the Disabled from the New York Times – regarding what parents must do to get their child’s special education at a private school paid for with taxpayer money

 

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Just days after announcing the closing of a therapeutic horse riding program at the University of New Hampshire that serves children affected by cerebral palsy and other disabilities, the dean of the school’s College of Life Sciences and Agriculture said the program would remain open pending further review.

The announcement that the self-funded program would be closed came as an upset to many parents, students and children. Money for the 20-year-old program is raised through fees and fundraising, and a review is being conducted to assess its financial future. The review will be submitted to the dean by July 1st, after which time a more definitive decision regarding the program will be made.

Therapeutic horse riding, also known as hippotherapy, has been shown to improve muscle tone, motor development, coordination and posture in cerebral palsy children. To learn more about hippotherapy, visit the American Hippotherapy Association website.


 

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Deep brain stimulation appears to ease a common cerebral palsy symptom in young patients, according to a small-scale analysis of patients treated at Cook Children’s Hospital in Texas. The symptom, known as dystonia, is characterized by uncontrollable and sometimes painful muscle contractions.

Deep brain stimulation involves the implantation of a device that sends electrical impulses to certain areas of the brain. The treatment, which has few side effects, has already been shown to have therapeutic benefits for treating dystonia symptoms in adults. However, this new study suggests that young cerebral palsy patients may benefit as well.

“The younger patients do better, probably because the older patients have more fixed orthopedic impairment,” said Dr. Warren A. Marks. He added that most improvement is seen in the arms and that no patient has been able to walk if they were previously unable to.

The study findings are based on the evaluation of seven cerebral palsy patients from age eight to 26 who were followed after the deep brain stimulation for six months to a year. Researchers noted that more extensive studies need to be conducted. They also noted that the results pertain only to treating dystonia and not spasticity, which is another common cerebral palsy symptom.






 

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With summer on the horizon, many families are planning for a vacation. For families with a cerebral palsy child, there are special considerations that need to be made. Below are some things you should consider when planning your trip:

Special hotel or air travel accommodations – For instance, if your child is in a wheelchair, you’ll probably want a room on the first floor of a hotel.  You’ll also need to know if the hotel room has a wheelchair accessible bathroom. For air travel, you should contact the airline ahead of time to ensure things go as smoothly as possible on the day of your flight.
 

Other travel accommodations – Are you renting a car? If so, does the vehicle need any modifications for your child? Will you need a specialized car seat?
 

Medication considerations – Make sure to pack any necessary medications (preferably in your carry-on). Remember to pack extra as a precaution. It’s better to have too much than not enough.
Insurance and emergency information – Having this information on hand could save you a lot of trouble should you need it.
 

Disability access – If you’re heading to a theme park or particular attraction, call in advance to make sure they’re accessible. You may also want to find out what kind of equipment they provide for patrons, such as wheelchairs and strollers.
 

Talk to your child about what to expect on your trip and allow your child time to regroup when necessary.

And last but not least, have fun!


 

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Food and Drug Administration officials are warning about potentially fatal side effects associated with the use of Botox for treating muscle spasticity, particularly in children with this cerebral palsy symptom. Children with spastic cerebral palsy are sometimes treated with Botox, though the drug is not approved in the U.S. for this use.

The FDA said in a statement that some children given Botox for muscle spasticity have experienced symptoms of botulism. In some cases the symptoms have led to hospitalization and even death, according to the FDA.

Botulism symptoms may occur when the toxin spreads from the site of injection and include:

• Loss of muscle strength
• Difficulty speaking or hoarseness
• Vision problems
• Trouble breathing or swallowing
• Loss of bladder control

The agency is now requiring a bold black box warning on the labels of Botox and related botulinum toxin products. Parents of children with cerebral palsy who have questions or concerns about the risks associated with Botox should discuss this new warning with their physicians.



 

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Researchers are now looking into robotics as a way to improve muscle movement and coordination in children with cerebral palsy. This area of research is relatively new, but already great strides have been made.

In fact, research in this area has been so promising that Riley Hospital in Indianapolis will soon be home to the Robotics Clinical Center for Children with Cerebral Palsy. The center will be publicly funded and if you’re in the Indianapolis area, you can help support it by attending a fundraising event being held on May 5th.  

If you would like to learn more about how robots are helping to change the future of cerebral palsy treatment, watch this webcast on the Cerebral Palsy International Research Foundation website. It provides a brief look into the world of robotics and cerebral palsy.

 

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There has been an uproar surrounding the “Baby Shaker” application on the new Apple iPhone and rightfully so. The 99 cent application, which was removed from Apple’s online store amid the controversy, allowed users to virtually shake a crying baby into silence – and death.

Unfortunately for Apple, shaking babies is no joking matter. In fact, Shaken Baby Syndrome affects more than 1,000 babies each year in the United States and is the result of violent shaking, usually by an exasperated parent or caregiver. Infants are particularly vulnerable to shaking, and this kind of violence can cause severe brain damage, cerebral palsy symptoms and other lifelong disabilities.

Child abuse is a matter that should always be taken seriously, and though Apple has offered an apology for the application, we can only hope that the company has also learned an important lesson.


 

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The documentary film Shooting Beauty: Everyone Deserves a Shot takes a refreshing perspective on what it’s like to live with cerebral palsy and other disabilities. The film follows aspiring fashion photographer, Courtney Bent, who discovers a new world when she starts teaching people with disabilities about her craft.

Bent provides each of the photographers featured in her documentary with a camera designed to meet their specific needs – in some cases, that means the camera is connected to the individual’s wheelchair; in others, the camera is positioned so that buttons can be manipulated with the photographer’s tongue. The resulting images provide a poignant look into what the world looks like through the eyes of disability.

For more information about this film or to find out about screenings, visit the documentary website at http://everyonedeservesashot.com/

 

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Cerebral palsy is the fourth leading cause of paralysis in the United States, according to a new report by the Christopher and Dana Reeve Foundation. The report estimated that about 412,000 of the more than five million cases of paralysis in the U.S. are due to cerebral palsy.

What is cerebral palsy? Cerebral palsy is a movement disorder that can cause spasticity, paralysis or limpness in the arms and legs – sometimes the condition only affects one side or half of the body, and other times it affects all limbs.

Cerebral palsy is generally caused by brain damage and is diagnosed in thousands of infants and children each year. As with spinal cord injuries, there is no cure for cerebral palsy. However, extensive research efforts are being made to change this.

The top three causes of paralysis include stroke, spinal cord injury (which Christopher Reeve suffered) and multiple sclerosis. Additional causes include traumatic brain injury and birth defects.


 

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Abilities Expo is a vast tradeshow geared at improving the lives of people with disabilities and those who care for them. For individuals with mild to severe cerebral palsy symptoms, the show offers a peek at some of the latest cutting-edge technology as well as seminars and workshops that address a variety of disability issues.

The Abilities Expo is a 3-day event that will take place in:
 

• The New York metro area from April 17-19
• Southern California from May 29-31
• Chicago from June 25-27
• Atlanta from November 5-7

Admission to the event is free and visitors will have the opportunity to learn more about wheelchairs and other assistive technologies, travel services, daily living aids, home medical equipment, legal services and much more. In addition, the show will feature a family-oriented seminar and other special events.

To register for a show near you, visit the Abilities Expo website.


 

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Botox is sometimes used to reduce muscle spasticity, a rather common cerebral palsy symptom. But research suggests that it may also help reduce the risk of hip dislocation, which is a problem in some children with cerebral palsy.

Traditionally braces have been used to prevent hip dislocation, but one study compared the use of braces to the use of Botox injections in 16 patients between 9 months and 4 years of age. According to the researchers, some of the patients benefitted from the Botox injections. However, the authors add that more extensive studies need to be done.

If your child has cerebral palsy, you may wish to talk to your doctor about the risk of hip dislocation. Each child is unique, so the treatment options for your child will depend on his or her particular circumstances.  

 

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Lack of adequate oxygen at birth affects approximately 2 to 4 in every 1,000 babies born in the United States, and it can result in brain damage, cerebral palsy and other serious injuries to the newborn. To reduce the risk of death or disability in these infants, St. David’s hospital in Austin, Texas has started using what’s known as hypothermia therapy.

What is hypothermia therapy?
 

Hypothermia therapy has long been used to prevent brain damage in adults after they’ve suffered cardiac arrest or had cardiac surgery. Its use in infants and children is not yet widespread but involves using cooling blankets to reduce the newborn’s temperature – usually down to 92 degrees for 72 hours.

Cooling the baby’s temperature helps to reduce swelling, slow down the injury process and prevent “a cascade of events that causes cell death,” said neonatologist Dr. Frank Cho. In addition, no major side effects are associated with hypothermia therapy.




 

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Seizures often affect children with developmental disabilities such as cerebral palsy. If your child has this cerebral palsy symptom, you might be interested in a live online seminar taking place on May 19th from 7:00-9:00 PM EDT.

The seminar will discuss developing a seizure readiness plan, among other things, and is geared toward parents, teachers, nurses, caregivers, emergency responders and anyone else who works with children affected by seizure disorders.

Dr. Orrin Devinsky, Professor of Neurology, Neurosurgery and Psychiatry, will be speaking. The event is free and registration is ongoing at www.epliveonlinc.com.

 

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It’s true that all children develop differently, but a number of important milestones help doctors and parents gauge the overall progress of a child’s motor, cognitive and language development. For instance, most babies start cooing by 3 months of age and can roll over by 6 months. Delays in meeting these developmental milestones may point to a number of conditions, including cerebral palsy.

What is cerebral palsy? – Cerebral palsy is a term used to describe a group of movement disorders. There are different types of cerebral palsy, and these are generally categorized according to what side of the body is affected and whether the muscles are stiff or flaccid.

Additionally, the condition can range from mild to severe, though it does not worsen over time. There is no cure for cerebral palsy, and specific causes of the condition are largely unknown. However, it sometimes occurs as a result of medical negligence at birth.

To learn more about developmental milestones or if you’re concerned about your child’s development, check out  this chart at www.mychildwithoutlimits.org.

 

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According to My Child without Limits, nearly two-thirds of children with developmental disabilities such as cerebral palsy, mental retardation and epilepsy also suffer from vision loss. The more severe the visual impairment, the more likely are additional health complications and delayed learning.

However, there is training and therapy available. If your child suffers from this particular cerebral palsy symptom, you may want to look into the following resources:

Family Connect, a site for parents of children with visual impairments
 

American Association of Pediatric Opthamology and Strabismus - AAPOS
 

Prevent Blindness America - Children's page

United Cerebral Palsy, My Child without Limits and the Easter Seals are additional organizations that may be able to assist you in your search for vision impairment resources.

 

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Good Samaritan Medical Center in West Palm Beach, Florida must pay $4 million in damages for injuries suffered by Jordan Preshong Brown during birth more than 11 years ago. The money from the “staunchly defended” case will help to ensure that Jordan’s future needs are met, said the family’s medical attorney.

Jordan suffered permanent brain damage and now lives with mental retardation and cerebral palsy. The family’s lawsuit argued that the brain damage was caused when Jordan was in distress but an emergency Cesarean section was delayed by several hours because of problems securing an operating room.

The jury found the hospital negligent in Jordan’s care. Individual doctors previously settled with the family.



 

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On March 24th, the United States Senate designated March 25, 2009 as National Cerebral Palsy Awareness Day. Support for the measure was led by Senator Arlen Specter.

Now is a great time to celebrate by learning more about cerebral palsy symptoms. You may also wish you check out the website for the United Cerebral Palsy affiliate in your area to find out ways to raise awareness.

 

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Your child has been diagnosed with cerebral palsy – the first and most obvious question you want to ask your doctor is “what is cerebral palsy?” The answer is rather broad, considering that cerebral palsy is a single term used to define a group of movement disorders. To get a better understanding of your child’s condition, ask your doctor the following:
 

What type of cerebral palsy does my child have? There are several types of cerebral palsy, including spastic, ataxic, athetoid and mixed. Knowing what type of cerebral palsy your child has will help you to better understand how to help him/her.

What are the possible treatment options? Each child’s treatment plan should be tailored to his/her individual needs, but your doctor may recommend anything from physical therapy to surgery.

Will my child’s condition improve? Cerebral palsy is not a progressive condition, meaning it will not worsen over time. However, various treatments may help to improve certain aspects of movement.

Does my child need to take medication? The answer to this question may depend on whether your child has associated conditions such as seizures.

What is the prognosis? There is no cure for cerebral palsy, but your doctor can discuss with you ways in which you can help to improve your child’s quality of life.

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One of the conditions often associated with cerebral palsy is seizures. Seizures are commonly prevented using one of two medications, both of which are classified as anticonvulsants and both of which have recently been linked to heart risks: phenytoin (Dilantin®) or carbamazepine (Tegetrol® and Carbatrol®).

Dilantin was first used in 1938 and has since been the most widely used anticonvulsant in the United States, while Tegetrol is more popular globally. However, researchers have linked these two anticonvulsants with increased levels of cholesterol and other markers of heart disease – a problem not found in patients taking the newer anti-seizure drugs levetiracetam (Keppra®) and lamotrigine (Lamictal®).

If your child experiences seizures as a cerebral palsy symptom, you may wish to talk to your doctor about the significance of this new study which is published online in the Annals of Neurology.

 

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When is it too late to sue for a birth injury? – This is a question being debated in a case in the United Kingdom. The case involves a man, now 34, who is seeking damages for injuries suffered due to oxygen deprivation at birth.

In the U.K., individuals may sue for damages up until the age of 21 and this particular case is unique in that the man is filing his case well beyond the legal time limit. His claim, however, is that he was once able to live a relatively normal life whereas his condition has now deteriorated to a point where he requires extensive care.

Shorter Time Limits in the U.S.
In the United States, the statute of limitations (which restricts the amount of time individuals have to file suit) is generally much shorter – usually between one and three years from the time of the injury or the time it was discovered. These time limits are strict and exceptions are rarely made.

It has yet to be determined whether an exception will be made in the case in the U.K. If so, the case would likely be built on faded memories since medical records are usually destroyed after so long a period of time. For this and other reasons, the case raises interesting questions about statutes of limitations on birth injury claims. And not just in the U.K., but in the U.S. as well.

Birth injury claims may involve conditions like cerebral palsy and brachial plexus palsy. Parents who notice cerebral palsy symptoms in their child after a traumatic birth may wish to consult a medical lawyer. A claim against a negligent doctor is viable only if filed within the relevant statute of limitations.

 

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The son of British opposition leader David Cameron recently died. The 6-year-old boy had cerebral palsy and a rare seizure disorder. His death has prompted many questions about cerebral palsy symptoms and causes, and the Associated Press published an article outlining the some basic information about the condition.

Among some of the facts highlighted in the article are:

Cerebral palsy affects approximately one in 500 babies born each year in the United States.

The condition affects the entire body in about 80 percent of cases.

It is often diagnosed in infancy or early childhood.

Symptoms include developmental delays such as difficulty rolling over, sitting, crawling and walking.

Associated conditions include mental retardation, vision impairment, breathing problems and skeletal deformities.

To learn more about cerebral palsy symptoms and other facts, you can access this Associated Press article.

 

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It’s natural for parents to feel a range of emotions when their child is diagnosed with a developmental disability like cerebral palsy, particularly in cases where the disability could have been prevented with proper medical care. Dealing with these emotions is not always easy, and many parents find they could use a little help.

Louise Gane from the M.I.N.D. Institute at the University of California at Davis recently did an interview with Disability Scoop on the topic of dealing with a diagnosis. She answers a few basic questions about coping with a diagnosis of developmental disability in a child and parents can even submit their own questions for her to answer.

Read the full interview at DisabilityScoop.com

 

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Financial worries are compounding for many families right now, some of whom have experienced job losses, loss of health insurance and even the threat of foreclosure. Among those hardest hit by the current economic recession are families caring for a child with cerebral palsy or other disability.

Shrinking state budgets often lead to the cutting of vital disability services and support, and this leaves many families in dire financial and emotional straits. It’s no surprise that given the high stakes of the economic downturn that the coming 2009 Disability Policy Seminar will focus on the funding of disability programs such as health care and long-term services.

The seminar, which is titled A New Era: Embracing Opportunities in the Face of Grave Challenges, will take place in Washington D.C. from April 27th-29th. Space is limited, so you may want to register now at UCP website if you’re interested.


 

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Obstetrics has one of the highest rates of malpractice of all medical specialties, and medical malpractice in this field can cause cerebral palsy and other lifelong or life-threatening conditions. Reducing the long hours obstetricians work may help to minimize the margin for error -- hence, the rise of laborists.

Laborists are essentially hospital-based specialists who work defined shifts so they experience less fatigue. They do not oversee the pregnancy, only the delivery. Some experts believe that this shift, though less personal, will actually improve safety.

Time will tell but to learn more about this new and growing trend, check out The Birth of a Notion article in the Boston Globe.

 

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United Cerebral Palsy (UCP) is a national CP association that has recently launched a new website aimed at helping families and professionals in four ways:

• to better understand developmental disabilities like cerebral palsy;
• to provide guidance with regard to early intervention services;
• to act as advocates for those with developmental disabilities; and
• to connect people through a social networking community.

The website is called My Child without Limits and in addition to the four main goals listed above, the site also features tips, news and resources.


 

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Cerebral palsy is one of the most common developmental disabilities diagnosed each year in the United States, yet there are a number of misconceptions about the condition. Below are some interesting facts regarding what cerebral palsy is, what causes it and its costs, among other things…

There are currently close to a million children and adults living with cerebral palsy in the United States.
 

Cerebral palsy is not a disease, nor is it a single disorder. The term cerebral palsy actually refers to a group of disorders that affect movement.
 

Three-quarters of people who are affected by cerebral palsy also have one or more additional disabilities such as autism, mental retardation, epilepsy and severe visual impairment.
 

The causes of cerebral palsy are largely unknown, but risk factors include low birth weight and premature birth. A small percentage of cerebral palsy cases are caused by lack of oxygen during birth, which is often preventable.
 

Research seems to suggest that the rates of cerebral palsy in the U.S. are increasing. Statistically, cerebral palsy was once estimated to affect 1 to 2 in 1,000 babies annually – the Centers for Disease Control and Prevention now estimates cerebral palsy to affect about 3 in 1,000.
 

A person with cerebral palsy will spend over $1.5 million more than the average U.S. citizen over the course of his/her lifetime because of medical costs, prescriptions, special equipment and other such necessaries.
 

There is currently no cure for cerebral palsy, but various treatments and assistive technologies can improve the daily lives of those affected by the condition.



 

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Cerebral palsy is often not diagnosed until a child reaches one year of age or later, and many parents may not be aware of the signs and symptoms associated with this condition – which affects thousands of babies born in the U.S. each year.

One of the main signs that a child might have cerebral palsy is motor (or movement) delays. A list of other signs and symptoms parents should look out for can be found on the Reaching for the Stars (RFTS) website.  

RFTS is a non-profit organization dedicated to furthering research efforts for the prevention and treatment of cerebral palsy. In addition to the information sheet on cerebral palsy symptoms, the site has a number of other helpful resources as well as opportunities for advocacy.

See Also: Cerebral Palsy Symptoms

 

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Officers from Wayne County Jail in Michigan are being sued for injuries suffered by Chelsie Barker during her birth 10 years ago, and attorneys for their defense are arguing that the officers are not liable for the girl’s injuries because she had no constitutional rights before she was born.

The lawsuit filed against the officers claims that they violated Chelsie’s constitutional rights by failing to get her jailed mother to the hospital for a safe delivery. However, the defense has cited the landmark abortion case Roe v. Wade, claiming that as a fetus Chelsie did not have rights as a person under the 14th Amendment.

That argument is a stretch.  Roe v. Wade has little to do with Chelsie’s birth, a fact with which U.S. District Judge Stephen Murphy III seems to agree. The judge described her injuries as “continuous,” occurring both before and after birth and said “there is no principled reason to distinguish” between them.
 
Irreversible Brain Damage
Chantrienes Barker was taken to Hutzel Hospital shortly before Chelsie’s birth but was discharged before the baby was born. Back at the jail, Barker’s labor pains intensified. For two hours, she was left without treatment while other inmates tried to alert the guards.

Chelsie was not breathing when she was born and the paramedics did not have the equipment to resuscitate her, the lawsuit states. She was taken to the hospital, but suffered brain damage as a result of the oxygen deprivation.

Lack of oxygen can cause significant injury including cerebral palsy. In Chelsea’s case, the brain damage was so severe that she will require round-the-clock care for the rest of her life.

See also:  What is Cerebral Palsy




 

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Several films being featured at this year’s Washington D.C. Independent Film Festival (DCIFF) explore the theme of “Power Within” as it relates to disability. Movies can be a great option for some family fun, and this festival may be especially worthwhile for families with children affected by cerebral palsy and other disabilities.

The festival runs from March 4th – 15th and those in the DC area may want to check out some of the following “Power Within” entries:

      Henry O!

      Birdy

     The Making of Agamemnon

     Here’s Herbie

•  

For more information on the festival, visit the DCIFF website.
 

 

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Researchers at Northwestern University have made a possible breakthrough in cerebral palsy prevention—they say two new compounds they developed may be effective in preventing the condition, which affects one to two out of every 1,000 babies born each year in the United States.

The compounds inhibit the neurotransmitter nitric oxide, a brain enzyme that is suspected of playing a role in the development of cerebral palsy. Studies have shown that high levels of the enzyme cause damage to brain tissue, so the researchers think controlling levels of nitric oxide might be key.

The Findings
Animals in the study were treated with one of the two compounds, or they received no treatment at all. Those that received treatment with one of the compounds did significantly better than those that did not. In fact:
 

• 83% of fetuses born to an animal treated with the first compound showed no cerebral palsy symptoms
• 69% of fetuses born to an animal with the other compound displayed no symptoms of cerebral palsy
• There were no deaths in fetuses born to animals treated with one of the two compounds.

Comparatively, more than 50% of fetuses born to untreated animals died.

“The results are just stunning, absolutely amazing,” said Richard B. Silverman, lead author of the study.

The findings are published online in Annals of Neurology.

See also: Cerebral Palsy Symptoms

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The Pediatric Neurology Cerebral Palsy Center at St. Louis Children’s Hospital and Washington University School of Medicine are presenting the 5th Annual Cerebral Palsy Conference: Building the Road to Independence on March 27-28, 2009.

It promises to be a great conference for parents to attend, featuring talks a wide variety of topics such as:
 

• Epilepsy in children with cerebral palsy
• The safety and efficacy of Botox treatment
• Orthopedic management
• Vision problems associated with cerebral palsy
• Selective dorsal rhizotomy
• Intrathecal baclofen pumps
• Individualized therapeutic strategies
• Creative therapy for the hemiplegic hand
• Sports and adaptive physical education
• Martial arts
• Primary care issues for cerebral palsy patients

In addition, there will be question and answer sessions each day, a children’s panel , a teen panel, and a dance performance. Registration is currently open – If you’re interested, you can see the agenda and find out more about registration here.

 

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There is much debate regarding the high number of Cesarean sections performed in the United States each year, particularly because it’s a major surgery that is increasingly chosen out of convenience rather than necessity.

Once a woman has a C-section, she is usually forced to have the procedure for subsequent pregnancies because of the risks associated with what is known as VBAC (vaginal birth after C-section). VBAC can cause uterine rupture, oxygen deprivation to the baby (which can lead to brain damage and cerebral palsy) and even death.

According to an article in TIME Magazine, 1 in 2,000 babies die or suffer brain damage after VBAC – a statistic the author cites as low. However, one case of death or oxygen deprivation is one too many and these are the types of cases that can result in a medical malpractice lawsuit. Consequently, not a lot of doctors are willing to oversee a VBAC.

To read more about the ongoing debate and some of the issues confronting pregnant women, check out the article in the current issue of TIME Magazine online.


 

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Shortly after Barack Obama was sworn in as President, he signed into law the State Children’s Health Insurance Program – commonly referred to as SCHIP. The bill, which was first enacted in 1997, ensures that children receive the healthcare coverage they need when their families:

• Don’t make enough money to afford private insurance, but
• Make too much to qualify for Medicaid.

The bill is now authorized for another 10 years and will help to cover millions of currently uninsured children – including those with disabilities like cerebral palsy. To learn more about the program, visit  Insure Kids Now! 




 

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The findings of a new study to be presented at the Third International Cerebral Palsy summit this week show that infections in the mother during pregnancy increase the risk of cerebral palsy – in some cases by as much as sixfold.

While cerebral palsy may be caused by medical negligence, most causes of the condition remain unknown. So this research, according to the president of Cerebral Palsy Australia, is significant in that it offers those in the medical community with an “identifiable risk factor.”

The study itself involved the examination of birth records of nearly 500 children born in the 1980s, some of whom developed cerebral palsy and some who did not. It was found that women who had infections of the urinary tract, among others, were more likely to have a child with cerebral palsy.

Another study to be presented at the international summit will focus on another risk factor – in vitro fertilization (IVF), a procedure that may give rise to multiple births and premature labor. Danish researchers found that children born by way of IVF or assisted conception had higher rates of cerebral palsy.


 

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Caring for a child with cerebral palsy or other special needs condition isn’t always easy, and often requires the use of complex technology and the management of multiple medications. Given the demands they generally face on a day-to-day basis, it is not uncommon for caregivers to neglect themselves.

The American Academy of Pediatrics suggests that support systems are in position to help caregivers of special needs children, and respite care is a type of help for caregivers that provides them with temporary relief from their duties.

Yet a new study suggests that nearly one quarter of caregivers for special needs children do not receive the respite care they need and deserve.

"These parents have to go through so much. They do it with a lot of love. But caregiving is not an easy task, and families need help caring for their children with special needs," said Dr. Savithri Nageswaran, lead researcher of the study.

Reasons cited for unmet respite care needs include:

• Lack of services available
• Transportation issues
• High cost

Lack of awareness of support services

The study also showed that caregivers of children with severe functional limitations and unstable health conditions had greater unmet needs than caregivers of children in stable health and without functional limitations.

If you are a caregiver to a child with cerebral palsy or other special needs, it’s important to understand that help is available. Check out our cerebral palsy resources page for more information.






 

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If your child has been diagnosed with cerebral palsy, it’s likely you have lots of questions – the first of which is undoubtedly “what is cerebral palsy?” There are lots of great resources on the Web to help you answer this question, including a new podcast on the Centers for Disease Control and Prevention website.

The  CDC podcast describes the causes, preventions, types, and signs and symptoms of cerebral palsy and is part of one organization’s efforts to raise cerebral palsy awareness. That organization, Reaching for the Stars, has also partnered with the CDC to add a new cerebral palsy fact sheet to the agency’s website.

We recommend both the CDC and Reaching for the Stars websites as good starting places for learning more about CP and ways to get involved in raising awareness.

 

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From February 18th – 21st, renowned researchers from around the world will gather in Sydney, Australia for the largest cerebral palsy convention to date: The 3rd International Cerebral Palsy Conference.

The event, which will feature experts from various disciplines, seeks to promote collaboration among specialists for the advancement of cerebral palsy treatments. This year’s theme is “Across the Life-Span” and featured speakers include:

Dr. Roslyn Boyd, a physiotherapist recognized internationally for her cerebral palsy research

Dr. Eve Blair, an epidemiologist with over 25 years of experience

Dr. Donna Ferriero, who serves as the Director of the Neonatal Brain Disorder Laboratories and co-director of the Newborn Brain Research Institute at UCSF

Dr. Fiona Stanley, founding Director of the Telethon Institute for Child Health Research

For more information about this event, visit CP 2009

 

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If passed, pending legislation in Illinois will require insurance companies to cover treatment costs for children with cerebral palsy, autism and other physical disabilities. The new governor has not said whether he will approve the bill, which could affect tens of thousands of children across the state.

Insurance companies currently deny what they consider “habilitative” treatment, or treatment intended to help children develop new skills or ones they haven’t mastered. Without insurance coverage, many parents are unable to afford therapies that could improve their child’s life.

“It’s an important bill for families with kids that need this therapy,” said Senator Maggie Crotty, one of the sponsors of the bill.

 

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Pica occurs in some kids as a cerebral palsy symptom and is characterized by the persistent eating of non-food substances such as dirt, stones, paint or paper. The condition is often a distressing one for parents and caregivers, who necessarily worry about the health effects of such behavior.

Children with developmental disabilities such as cerebral palsy or mental retardation are more likely to develop pica because of an inability to distinguish between food and non-food substances. It’s not preventable, but it may be treated – or at least managed – with behavior therapy.

Until the problem has been eliminated, parents should monitor their child and have testing done to check for complications such as lead or other kind of poisoning, intestinal or digestive issues, nutritional deficiencies and infection.

Read more about pica here or talk to your child’s primary care physician about possible treatment options.

 

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The use of orthotic devices such as braces have been shown to improve cerebral palsy symptoms in children with diplegia, but little evidence shows whether certain braces are better than others. That’s why researchers decided to develop a study comparing the effectiveness of two different types of braces: hinged vs. dynamic-ankle foot orthoses.

Study Results
The study, which is published in the Journal of Bone & Joint Surgery, involved 15 children with spastic diplegic cerebral palsy and specifically sought to determine whether one type of brace was more effective at improving gait and motor function than the other.

The results showed that both types of braces led to significant improvements in gait and there was little difference between the two in this regard. However, neither of the braces seemed to have a significant impact on motor functioning.

A Brief Word on Orthotics
Orthotics are intended to support weak muscles and reduce the risk of joint deformity, and orthotics vary according to the area in need of support. If you have questions about whether an orthotic device is right for your child, contact your primary care physician and ask for a referral to a pediatric orthopedic specialist.

See Also: Cerebral Palsy Symptoms

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Cerebral palsy is a congenital disorder which affects muscle tone, motor skills and movement, and can lead to learning disabilities as well as difficulty with hearing, vision, and speech.  The disorder is most often caused by a brain injury sustained before or during childbirth, and can quite often be attributed to medical malpractice.  Sometimes diagnosis is made shortly after birth, but it’s not always obvious right away.  That’s why it’s so important for parents to be able to recognize cerebral palsy symptoms in their child early, so that treatment can be sought and justice can be served.

Signs that your child may suffer from Cerebral Palsy vary in severity and can include:

• Delay in normal development (such as an infant not reaching for toys or sitting up at the appropriate milestones)
• Difficulty with fine motor skills (such as writing or using a pair of scissors)
• Inability to maintain balance while standing or walking
• Involuntary movements (such as uncontrollable hand motions or drooling

Medical malpractice comes into play in many of these cases because CP is often caused when a doctor makes a critical error before or during childbirth.  

If you recognize one or more of these cerebral palsy symptoms in your child, discuss your concerns with your pediatrician.  And if by chance the diagnosis is positive, seek the advice of a medical attorney right away.
 

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There is a common misconception that cerebral palsy is a single disorder, but it’s actually a group of disorders. Understanding exactly what cerebral palsy is – the different types and their symptoms – can help families to better help their loved ones. Listed below are five excellent resources that provide detailed answers to the question ‘What is cerebral palsy?’

National Institute of Neurological Disorders and Stroke (NINDS) – The Cerebral Palsy Information Page describes cerebral palsy, as well as its treatment and prognosis. Also provided is information on research and clinical trials.

Centers for Disease Control and Prevention (CDC) – The site’s page on cerebral palsy not only discusses what cerebral palsy is, but also addresses specific topics such as prevention, awareness and additional resources.

United Cerebral Palsy (UCP) – This site features a page entitled Cerebral Palsy Facts & Figures, which answers the question ‘What is cerebral palsy’ and then provides information regarding the history of the condition, its causes, effects and symptoms.

The March of Dimes – This site offers a Quick Reference Fact Sheet on cerebral palsy, which provides basic information on the prevalence of cerebral palsy, as well as the different types, causes and treatment of the condition.

MedlinePlus – This site is a service of the National Institutes of Health and it offers a brief description of what cerebral palsy is and also provides links to news, articles and more comprehensive resources.




 

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Many families are familiar with the traditional treatments used to manage cerebral palsy symptoms, such as surgery, medication and physical therapy. However, some families are turning to holistic therapies to help alleviate the symptoms their child experiences.

While it is important to remember that each child is unique and will respond differently to different therapies, some holistic alternatives parents may wish to consider include:

• Acupuncture – This is a non-painful form of ancient Chinese medicine that involves the insertion of extremely fine needles at various points on the body to relieve pain. Studies involving acupuncture and cerebral palsy have shown that some children who received this therapy experienced a marked improvement with regard to their individual symptoms.
• Reflexology and massage therapy – Massage has a beneficial effect on the body for people with a wide range of conditions, including cerebral palsy.
• Biofeedback – Electromyograph (EMG) is an increasingly common form of biofeedback in which electrodes are used to measure muscle tension and relax tense muscles. It is sometimes used to alleviate the symptom of muscle spasticity in individuals with cerebral palsy.
• Nutritional awareness – Processed foods that are high in preservatives or additives may worsen your child’s cerebral palsy symptoms. Consulting a nutritionist may help you find foods that will not only lessen such symptoms, but also provide your child with other health benefits.

Other alternative therapies that may help to ease your child’s cerebral palsy symptoms include:  yoga, which can help with movement; sensory integration, which is used to stimulate the senses and help children to interact better with their environment; and listening/music programs, which have been effective in improving auditory processing and communication skills.

Of course, alternative therapies such as these are not necessarily intended to replace a child’s traditional medical care. However, many families are beginning to take a more integrated approach to treatment, incorporating both traditional and alternative therapies.

See also: What is Cerebral Palsy

                Cerebral Palsy Symptoms

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Cesarean section (c-section) is an increasingly common surgical procedure used to deliver babies. Though sometimes medically necessary, it is not a procedure without risks. In fact, c-sections performed too early can be a risk factor for cerebral palsy.

Whether you have already delivered or are preparing to deliver a baby by way of c-section, there are some important facts you should know:

C-section is a major surgery, during which the mother is given anesthesia and an incision is made in the belly and womb for the removal of the baby. Some babies are affected adversely by the anesthesia, and it’s important that the benefits of c-section outweigh the risks.

C-section may be necessary due to complications that arise during pregnancy or labor – for instance, the baby is in distress; it’s a multiple birth pregnancy; the mother has HIV or genital herpes; or the mother has had a previous c-section. However, some medical experts believe that many c-sections are performed when not medically necessary. Evidence has shown that c-sections performed late-preterm (between 34 and 36 weeks gestation) carry certain risks for the baby, and c-sections during this time are increasing. Preterm birth is one of the greatest risk factors for cerebral palsy.

Babies born by way of c-section tend to have more breathing difficulties than babies born vaginally.

C-section also poses risks to the mother, such as increased bleeding, infection, blood clots, and placenta problems in subsequent pregnancies.

If your doctor tries to schedule a c-section before 39 weeks gestation, make sure to ask why early delivery would be medically necessary. It’s best to wait until after 40 weeks gestation. If you had a c-section because of complications during your labor and your child was born with cerebral palsy, you may wish to look into the matter further. It may be possible that the condition was preventable.


 

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Best-selling author James Patterson held an eBay auction accepting bids to name a character in an upcoming novel.  Proceeds from the auction will go to support the Cerebral Palsy International Research Foundation, which is holding a gala event on March 1st.

Patterson, whose books have sold more than 150 million copies worldwide, is perhaps best known for his popular detective series featuring Alex Cross.

About the Families of Distinction Gala

The gala event is being held at the Plaza Hotel in New York to honor individuals and families who are committed to improving the lives of those with disabilities such as cerebral palsy, autism, and Parkinson’s. It will feature both a silent auction and a live auction in addition to the awards ceremony.

To learn more about this event, visit the CPIRF website.

 

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Clinical trials represent just one cerebral palsy treatment option, and participating in a clinical trial isn’t for everyone. However, for those who’d like to learn more about clinical trials, we came across this great article that discusses:
 

• What a clinical trial is
• Who should participate in a clinical trial
• Where clinical trials are conducted and by whom
• The phases and design of a clinical trial
• Protections for participants

The article, written by Dr. Peter W. Stacpoole, appears in Exceptional Parent Magazine and can be accesse at www.eParent.com

 

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United Cerebral Palsy, a national cerebral palsy association, has its annual conference coming up in April. This year’s conference theme is “Growing an Agile Potent Network: Connect. Collaborate. Evolve.” – continuing the organization’s emphasis on Life without Limits.

Attendees will have an opportunity to connect with others in the disability community and discuss the future of disability advocacy, including necessary services and resources. On the evening of the 23rd, conference participants can attend the Awards for Excellence ceremony, honoring exceptional individuals and organizations.

Awards that will be given include:

• Life without Limits Award
• Ethel Hausman Volunteer of the Year Award
• Employer of the Year Award
• Outstanding Community Service Award
• Universal Accessibility Design Award

Nominations for these awards are being accepted until February 18th. Visit the UCP website to enter your nomination.

The conference will be held in San Francisco from April 22 – 25th, and registration is now open. Individuals who register before February 8th will receive a discount. Single day reservations are also available, as are individual tickets to the awards ceremony.



 

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Was wandering around the net and found the following Cerebral Palsy Symptoms articles.  Most are from blogs with some personal experience with brain injury or cerebral palsy.

 

• What is cerebral palsy? - The term ‘cerebral palsy’ taken literally, is actually a complete misnomer. The term ‘cerebral’ means ‘of the brain,’ whereas the term ‘palsy’ means ...

• Defining Cerebral Palsy? - Cerebral palsy has many varied definitions, which have probably confused parents with their ambiguity, lack of clarity and complexity. I know when I first came across the term as a parent; I was confused by the varying definitions. ...

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Eighteen year old Andy Sullman has cerebral palsy, but you wouldn’t know it to see him running. For nearly a year, he’s been training to run a marathon. Running has helped him overcome his cerebral palsy symptoms – something he was unable to do with traditional treatments like physical therapy.

Andy says running has made him stronger. Just before he began running, Andy began to lose feeling on the left side of his body and his head began to droop toward his shoulder. Now he stands straight and strong.

In It for the Long-Term

Andy was born prematurely and there were complications. A delay in treatment caused him to suffer brain damage, according to his mother, Dominique Sullman. On Sunday, Andy will run in the Chevron Houston Marathon.

“I want to run a marathon because I really enjoy running, and I want to show people that anybody can run a marathon with training,” he said.

And running is something Andy says he will continue to do. “It’s given him independence for life. It’s given him normality. There are so many kids out there with CP, maybe this can give them hope,” his mother said.



 
 

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A $6.5 million settlement was recently reached in Aurora, Illinois regarding the case of a seven-year-old boy who now has cerebral palsy due to a supposed accident at a local hospital. The incident occurred at the Provena Mercy Medical Center where the boy endured a brain injury that has now altered his life.

Cerebral Palsy Lawsuit Details

Roberto Morales, Jr. is now living with the cerebral palsy he was born with, at the fault of the medical facility and its staff, according to the suit. Attorneys for Morales claim that the attending obstetrician while the boy’s mother was in labor, along with the delivery nurse, failed to properly respond to the lowering of his heart rate when he was born. Morales’ oxygen flow was reportedly cut off as well, which the suit states was the cause of the medication known as Pitocin.

The settlement given to the boy and his family was reached last week for the negligence that occurred in April 7, 2001.  Not only was Morales born with cerebral palsy as the result of this horrific mistake, but he also has metabolic acidosis and hypoxic ischemic encephalopathy.

According to reports, the settlement will go towards paying for boy’s continued health care and medical expenses. It also hopes to compensate for his loss of enjoyment of life and the emotional distress the family has suffered.  

 

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Recent reports claim that a woman in St. Louis recently took legal action for her daughter’s cerebral palsy. The little girl was reportedly born with the condition, which can be life-altering, and her mother believes that it is the result of a doctor’s negligence.

 
The lawsuit has been filed against Memorial Hospital, St. Louis University and one of their doctors. The suit is seeking a cerebral palsy settlement consisting of compensation for the little girl’s medical expenses, the loss of sleep and enjoyment and the emotional toll it has taken on the family.  

Cerebral Palsy Lawsuit Details

The lawsuit was filed on December 31, 2008 by Linda Overmeyer against Memorial Hospital and Dr. William Keenan, who treated her daughter Haley at birth. Overmeyer claims in the suit that Keenan was negligent and failed to properly take care of her daughter. As a result, the enraged mother says her daughter now is living with cerebral palsy and will be for the rest of her life.  

The suit states that Haley has suffered from neurological defects, developmental delays, and hearing and visual problems due to her health condition. The suit also claims that she has incurred several medical expenses from being subjected to unnecessary medical and health care evaluations. Of course, her mother, Linda, has incurred these expenses as well.

 
"The Memorial Hospital owed plaintiff a duty of care to use the skill and care ordinarily used by a reasonably well qualified physician," says the suit.

In her cerebral palsy settlement, Linda is seeking in excess of $200,000, in addition to legal costs. ʉ۬ʉ۬

 

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Maintaining accurate medical records on your child is a must. However, record keeping tends to become more difficult when the child has a condition such as cerebral palsy. This is because children with special needs spend more time at the doctor’s office and often see multiple specialists.

Organizing medical records can help you give your child the best care possible. It will allow you to provide doctors with an accurate timeline of diagnoses, treatments and procedures your child has undergone, and in this way, you can help your child’s medical providers coordinate their efforts.

So how do you keep track of your child’s medical history? In the current issue of Parenting Special Needs online magazine, one mother shares the secrets that have worked for her.  The article even includes a downloadable PDF for recording the contact information of your child’s providers.

If you haven’t already developed a record keeping system of your own, this looks like a good place to find some useful advice and get started.


 

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Haley Overmeyer has cerebral palsy – a condition her mother alleges was caused by negligent medical care. Her mother, Linda, recently filed a medical malpractice lawsuit against the doctor who delivered Haley and the hospital where she was born in January 2005.

Errors made during a child’s delivery can cause brain damage and, consequently, conditions like cerebral palsy. In Haley’s case, her mother alleges that the cerebral palsy was caused by the doctor’s failure to properly resuscitate, intubate and monitor Haley after her birth.

Lack of sufficient oxygen is one of the main known causes of damage to an infant’s brain. This damage can have devastating consequences, resulting in developmental delays, hearing and vision problems, and cerebral palsy.

Haley suffers from all of these and the lawsuit filed by her mother is seeking compensation for:
 

• Mental anguish
• Pain and suffering
• Loss of enjoyment of life
• Loss of sleep
• Physiological consequences

Memorial Hospital and St. Louis University are both named in the suit in addition to the delivering physician.


 

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Gary Lynn is no ordinary teenager. At 16 years old, he has his own foundation dedicated to improving the lives of people with cerebral palsy through fundraising, education and research.

An avid sports fan from Houston, Texas, Gary knows firsthand the challenges involved in living with disability. He has spastic cerebral palsy and is confined to a wheelchair. But he doesn’t let this stop him. His foundation just held its first annual golf tournament which raised $4,000.

The money raised was donated to the Cerebral Palsy International Research Foundation. Next month, the Gary J. Lynn Foundation will host a Chili Cook-off fundraising event featuring Eric Winston of the NFL’s Houston Texans.

To read more about Gary and his foundation, visit his website here.

 

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January is National Birth Defects Prevention Month, and this year’s awareness topic is “Obesity Prevention and Weight Management – Before, During and After Pregnancy.” Obesity is a national epidemic that gives rise to numerous health problems, but many are unaware that pregnancy complications are among those problems.

According to the March of Dimes, approximately one in every 33 babies is born with a birth defect each year in the United States. A birth defect is defined as an abnormality that results in physical or mental disability (and sometimes death). The causes of birth defects are largely unknown, but some may be attributed to genetic factors, environmental factors, or some combination of the two.

Reducing Risk Caused by Environmental Factors

Alcohol consumption, maternal health (including weight), infections, medications, exposure to certain chemicals—these are all environmental factors that increase the risk of birth defects in a newborn. While it’s not always possible to prevent birth defects, paying attention to environmental factors such as these can help reduce the risk.

For instance, certain infections are known to increase the risk of cerebral palsy and timely diagnosis and treatment can help prevent the development of the condition. Likewise, alcohol consumption is known to result in a birth defect known as fetal alcohol syndrome so avoiding alcohol during pregnancy will ensure that the fetus doesn’t develop this defect.

Help Raise Awareness

There are numerous ways you can help raise awareness for the prevention of birth defects. The National Birth Defect Prevention Network (NBDPN) provides informational packets and materials on its website and also gives ideas on how to reach out to others.
 

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The disability community will usher in the new president on January 18, 2009 with the Disability Power & Pride Inaugural Ball. A first-ever event for the disability community, the ball will feature special guests, great food, live music, dancing — and you’re invited!

Joining the celebration will be disability leaders and advocates from across the country, as well as federal legislators and government officials from the new administration.

To learn more about attending this historic event, download the invitation package on the Disability Power & Pride website. Assistive listening devices and sign language interpreters will be available at the event.

 

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More than $30,000 was raised for UCP Wheels for Humanity at the third annual Rock to Roll benefit in West Hollywood on December 14th. The event featured rockers from bands such as Social Distortion, Bad Religion, NOFX and Pennywise, among several others.

The money will go to support UCP Wheels for Humanity, which has been donating refurbished wheelchairs to those in need since 1996. Over 40,000 children and adults in countries across the world have received free wheelchairs through the program.

United Cerebral Palsy is a leading advocacy group for individuals with cerebral palsy and other disabilities and the group has more than 100 local affiliates throughout the United States.



 

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The Coal Fund is being used to help families in Tennessee pay for heat in their homes this winter, which fewer families are able to do during tough financial times. One family helped by the Coal Fund has been hit especially hard by these times—a single mom with three children, one of whom has cerebral palsy.

“As prices increase, she is having a difficult time trying to keep things together on the small disability check she receives. Things just got too hard for her to be able to afford heating oil,” said Carmen Ricker of Greeneville-Greene County Community Ministries, the group that administers the fund.

Money from the fund was used to help the woman purchase heating oil for her home. According to Ricker, all the funds raised through the end of the year will likely be used for home-heating assistance.

Tough Times for Families of Special Needs Children

Caring for a special needs child during a positive economic climate is challenging for most families, but when jobs are lost and benefits cut, some families will have to struggle all the more. The Coal Fund is just one of many programs across the U.S. helping families in need.

If you are struggling to make ends meet and are caring for a special needs child, you may wish to contact your local Easter Seals organization or other charitable foundations in your area for resources or assistance.
 

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The Children’s Hemiplegia and Stroke Association (CHASA) recently awarded $8,000 in education scholarships to young adults with hemiplegia, a type of cerebral palsy characterized by paralysis on one side of the body.

CHASA established a scholarship fund in 2007 in the name of Megan Chesney, a teenage girl who has helped raise money for the cause since she was six years old. Since 2005, Megan has organized a walkathon for her birthday celebration, asking for donations instead of presents.

 Last year, Megan raised over $8,000 for the scholarship fund with her birthday walkathon event. The money was awarded in November to help young adults pay for college and trade school. Each of the recipients was diagnosed with hemiplegia as a child.

The scholarships are awarded annually, and the deadline for scholarship applications is March 1, 2009. Read about scholarship guidelines and eligibility information here.

 

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Posted by Cerebral Palsy Lawyer, David Austin

Preterm birth has long been known to be a risk factor for cerebral palsy, but new research suggests that babies born late preterm (34-36 weeks gestation) face a significantly higher risk of being diagnosed with cerebral palsy than babies born at or after 37 weeks.

According to lead study author, Joan Petrini, babies born during the late preterm stage are three times more likely to develop cerebral palsy and 25 percent more likely to be diagnosed with mental retardation and/or developmental delays.

Unfortunately, the number of babies born between 34 and 36 weeks gestation is growing, in part because of an increase in the number of labor inductions and caesarean sections (which are not always medically necessary). Petrini estimates that about 370,000 babies are born late preterm each year in the U.S.

Doctors should inform women of the risks associated with preterm birth before inducing labor or scheduling an early C-section. Women who were not informed of the risks and who gave birth to a child with cerebral palsy should consider talking to an attorney.

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The increased hormones during pregnancy cause about half of all pregnant women to develop a gum disease called “pregnancy gingivitis,” according to the American Academy of Periodontology. Studies show that severe gum disease (periodontal disease) increases a woman’s risk of preterm delivery, and premature birth is a risk factor for cerebral palsy and a host of other health problems.

Another Risk: Brachial Plexus Injuries

Additional research has linked gum disease in pregnant women to the onset of gestational diabetes, which can cause a condition known as macrosomia, or big baby syndrome. Babies with macrosomia are at risk for suffering brachial plexus injuries (including Erb’s palsy) during birth because of their large size.

Preventing Gum Disease

To prevent gum disease during pregnancy, women should be sure to:

* Brush and floss daily remove plaque build up
* Have professional cleanings at three month intervals a
* Rinse after a bout of morning sickness

Visit the AAP website at www.perio.org/consumer/pregnancy.htm for more information on gum disease and pregnancy.

 

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Children with physical limitations such as cerebral palsy face unique challenges once they reach school age. Perhaps the greatest of the challenges is overcoming difference to gain the acceptance of their peers. This is the challenge 8-year-old Zack faces as he embarks on a new year of school.

In her debut book, Do You Know How I Feel?, Zofia Kaczmarek tells the story of a young boy with cerebral palsy whose excitement over the first day of school is quickly replaced by disappointment. The story explores the social challenges of living with disability and issues of difference and acceptance.

Kaczmarek was inspired to write the book after working on a practicum as a special education assistant. She, too, lives with permanent disability as a result of a car accident in 2005.


 

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In May 2002, Dan and Lori Perseke of Minnesota went to the Ortonville Hospital for the birth of their son, Wyatt.  Unfortunately, during and immediately following his birth, something went tragically wrong.  The Persekes allege that due to negligence by Dr. Allan Ross, his staff from his Northside Medical Clinic and the nurses at Ortonville hospital, Wyatt now suffers from cerebral palsy and permanent brain damage.

The lawsuit, which originally resulted in a hung jury, was recently retried in a new venue and this time the family was successful.  

During the trial, the jury heard testimony from a dozen doctors, split equally for the prosecution and the defense.  Dr. Ross, the nurses involved and the Persekes also took the stand to give testimony of the days tragic events.

In the end, the jury ruled that there was negligence, and attributed 70 percent to Dr. Ross and the remaining 30 percent to the hospital nurses.  The jury awarded $9,566,500 in damages, most of which will be placed in a trust for Wyatt’s future expenses.  The balance will go directly to the Persekes to cover Wyatt’s medical bills and other expenses until he turns 18.

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Posted by Cerebral Palsy Lawyer, David Austin

Birth by cesarean section (C-section) is increasingly common in our society, but the procedure is not always performed for the right reasons. Some experts believe the trend has gone too far, with doctors and women scheduling C-sections sometimes weeks before the recommended gestation period.

Alarming Statistics

The American College of Obstetricians and Gynecologists recommends that delivery occur at 39 weeks or after. However, some doctors are scheduling C-sections for as early as 37 weeks for reasons that include scheduling convenience and fear of lawsuits.

According to the Centers for Disease Control and Prevention, the number of babies delivered prior to 37 weeks gestation increased over 20 percent in a 16-year period. Preterm births are sometimes due to maternal smoking, lack of adequate healthcare and multiple births. But the March of Dimes reports that 90 percent of non-multiple preterm births are due to an increase in C-sections.

"I think unfortunately what we are seeing is ... people becoming more and more cavalier of the outcomes," said Dr. Aaron Caughey, an associate professor at University of California San Francisco.

Preterm Birth: Risk Factor for CP

Nearly one third of fetal brain development occurs in the final five weeks of gestation, and babies born preterm are more likely to suffer developmental delays, cerebral palsy, breathing or feeding problems, and even death.

 

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These are difficult economic times for many families across the country, especially for those trying to provide for a child with cerebral palsy or other special need. Medical care, housing, transportation, assistive technology — these are just a few of the things families of special needs children must budget into their finances.

However, it’s not just families who are suffering. Some state and local governments, and many charitable organizations are also feeling the strains of the current economic crisis, and this has led to some cutbacks with regard to the aid they are able to provide to the special needs community.

If you have a child with cerebral palsy and are experiencing financial difficulties, you may be eligible for help from the federal government. The website USA.gov provides information on government loans, grants, aid and other forms of financial assistance. It might be worth your while to look into.


 

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D J Gregory spent the last year walking every hole on the PGA tour — a feat that he should have never been able to accomplish. Born with cerebral palsy, D.J. has persevered over his 30 years and made it his mission to do what he was told he never would: walk.

Each week of the tour, D.J. was paired with a different professional golfer whom he would follow along the 18-hole course. Between January and November, D.J.:
 

• Walked 988 miles and 3,256 holes in 23 states, the United Kingdom and Canada
• Consumed 332 sodas, 280 bottles of water and 259 sports drinks
• Attended 13 playoffs
• Fell 29 times

According to D.J., the falls were inevitable. He said at one point, “I’m going to fall; it’s just the way it is…I’m going to do it. So you know what? You get back up, and you learn from your mistakes, and you don’t do it again.”

It’s that kind of attitude that has inspired countless people both within and without the disability community.  The story of D.J.’s inspirational journey has been featured on ESPN. He has also been honored with the United Cerebral Palsy Expanding Horizons award and featured as a Person of the Week by ABC News.

To read more about D.J.’s journey, check out his blog here.


 

 

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Spasticity is a condition that affects some individuals with cerebral palsy, multiple sclerosis, and brain or spinal cord injury. Those who have spastic cerebral palsy experience impaired movement due to muscle stiffness, involuntary muscle spasms and limited range of motion in joints.

Dealing with any kind of physical impairment can be a challenge, and many people turn to community support groups or networks to share their stories, experiences, and advice. Online communities are especially popular, and one in particular seeks to empower and connect individuals with spasticity.

That community is called Exploring Spasticity and it invites anyone whose life is touched by spasticity – caregivers, children, adults, family members, and friends – to join. People are encouraged to share their stories, some of which are featured in an annual complimentary spasticity calendar.

The website also offers information on spasticity treatment as well as links to resources.






 


 

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Posted by Cerebral Palsy Lawyer, David Austin

The San Antonio Military Medical Complex (SAMMC) is the only Department of Defense facility to provide comprehensive cerebral palsy treatment to children and adults with the condition. In fact, the facility’s spasticity clinic has been named a center of excellence for the treatment of cerebral palsy.

Medical specialists at the facility’s Adult and Pediatric Spasticity Clinic take a multidisciplinary approach to treatment to help reduce cerebral palsy symptoms. According to Major and pediatric neurologist Dr. Brian Faux, each patient is treated by a team of specialists that includes “pediatricians, orthopedic surgeons, physical, occupational and speech therapists, social workers, neurologists, neurosurgeons, educators and nutritionists.”

One particular treatment available at the clinic is medical pump implantation; the pump delivers a continuous dose of medication to ease some of the symptoms associated with cerebral palsy. Since 2003, the clinic has implanted 15 medical pumps into children.

"I would like to see children with cerebral palsy being implanted at a much younger age, before they start losing muscle and are wheelchair bound. It's important that we get the word out that we offer this treatment," Dr. Faux said.

SAMMC was formerly known as Wilford Hall Medical Center and the website can be accessed here.

 

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Military families face unique challenges, and these challenges are often compounded when a member of the family has cerebral palsy or other special need(s).  Because military families are required to move frequently, continuity of care is perhaps chief among the challenges faced by these families.

Navigating education laws and finding healthcare specialists is no easy task when moving from state-to-state. In most cases, these tasks must be performed without the help and support of local friends and family members.  

STOMP (Specialized Training of Military Parents) was created in 1985 to empower military families and help them obtain the services and support they need regardless of geographic location. The group assists military families in several concrete ways:

Providing families with  the training and information they need to ensure proper care of their child
Connecting military families and developing community support groups
Raising awareness of the issues surrounding special needs children in military homes

The project is federally funded and directed by parents who themselves understand the feelings of isolation and anxiety associated with raising a special needs child while serving in the military. To find out more about STOMP, visit the organization’s website.


 

 

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One of Pennsylvania’s largest medical malpractice verdicts in recent years was handed down on Monday in a cerebral palsy lawsuit. The jury awarded $20.5 million to a 7-year-old boy and his parents for injuries the boy suffered at birth.

Cody’s Ordeal

Cody White was born on June 30, 2001 by Caesarean section. His mother, Laura, called her physician that day to express concern about her unborn baby and she was told to go to Community Medical Center.

When she arrived, a fetal monitor showed signs of distress. The doctor was called but did not arrive until two hours later. During that time, Cody was receiving inadequate oxygen and consequently suffered damage to his brain.

Cody now suffers from cerebral palsy, mental retardation and blindness. He cannot walk or talk and will require round-the-clock care for the rest of his life.

Cerebral Palsy Lawsuit

In 2003, Cody’s parents filed a lawsuit against the delivery doctor and the medical center where he was born.  The trial lasted two weeks and jurors deliberated for about four hours before finding the doctor 60 percent negligent and the hospital 40 percent negligent.

The majority of the $20.5 million award will go toward Cody’s care. The money will also compensate him for his lost earning capacity as well as his pain and suffering.

Posted as Part of our Set of Medical Malpractice Law Blogs

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Children with special needs such as cerebral palsy tend to require significant emotional and physical support from their parents. However, siblings of special needs kids often have needs of their own and parents can help meet these needs through programs specifically designed for sibling support.

One such program is The Sibling Support Project. This national nonprofit organization is dedicated to increasing support for siblings of children with disabilities and mental illness. The Project works to achieve its mission through:
 

• Informational workshops
• Listserv hosting for peer discussions
• Training community service providers to create sibling peer groups (Sibshops)

By visiting the organization’s website, parents can find a Sibshop in their area or learn how to start one. Parents can also join the SibParent listserv to discuss the unique issues, joys and concerns associated with raising children with and without special needs.

 



 

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Dan Habib is a filmmaker, an activist and a father of an 8-year-old boy with cerebral palsy. Over the past four years, Habib has chronicled the life of his son using film and created a one-hour documentary titled “Including Samuel.”

A Personal Story

The film began as a way for Habib to document his experience as a father of a disabled child, a suggestion made to him by one of Samuel’s doctors.  

“The doctor’s comment was a real catalyst. It gave me an outlet for my fears and confusion,” admitted Habib, who is now a filmmaker in residence for the Institute on Disability at the University of New Hampshire.

But what began as an outlet for coping turned into a film about how individuals with disability assimilate (or fail to) into mainstream society. The documentary not only features Samuel, who can barely speak or hold a pencil, it also features four others who struggle with disability.

Seeking Inclusion

“I wanted to make the world a better place for Samuel. I wanted Samuel to be accepted in the community and society,” Habib said. "Samuel has taught me how I look at everyone around me. He has taught me not to pre-judge anyone by how they talk, or whether they can talk. He will teach a lot of people, which is good, because the world has a lot to learn."

The INclusion Network of Cincinnati has already hosted a screening of Habib’s documentary, and a Cincinnati public broadcasting network aired the documentary on television last week. The film is expected to be distributed to PBS stations in 2009.

 

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November 12th is Prematurity Awareness Day, and the March of Dimes has released its first annual Premature Birth Report Card to draw attention to a serious issue that affects hundreds of thousands of families each year.

More than half a million babies are born prematurely (prior to 37 weeks gestation) every year in the United States, and these infants face great health risks and threats such as jaundice,  blindness, hypothermia, cerebral palsy and permanent disability.

Failing Grades

The March of Dimes specifically examined factors that contribute to preterm birth and opportunities for prevention, grading each state according to clinical practices, access to healthcare and maternal education, among other things.

As a whole, the nation earned a “D” and so did 23 states. Eighteen states and Washington D.C. failed, eight earned a “C,” and only one state, Vermont, earned a “B.”

“It is unacceptable that our nation is failing so many preterm babies,” said Dr. Jennifer L. Howse, March of Dimes president.

Solutions, Prevention & Quality Doctor Care

Based on its findings, the March of Dimes is seeking:

• Improved care and outcomes for preterm infants
• Review of C-section births to ensure established professional guidelines are met
• Research into causes and prevention of premature birth

While doctors cannot always stop preterm labor, it is their duty to provide quality care to reduce the risks to the infant. Sometimes conditions like cerebral palsy can be prevented – for instance, when severe jaundice in a newborn isn’t diagnosed and treated in a timely manner.

Always seek the advice of a legal or medical professional if you think doctor negligence resulted in harm to your child.


 

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On November 16th, Nick News with Linda Ellerbee will feature a show called “The View from My Chair” about four exceptional kids who, for one reason or another, are confined to life in a wheelchair. As part of the show, the kids invite audiences into their daily lives and get to experience weightlessness on a Zero-Gravity flight.

 

It’s hard for people without disability to imagine what life is like for those who live with debilitating conditions like cerebral palsy, muscular dystrophy and spina bifida. This show attempts to show viewers how kids cope with their physical disabilities and remain positive in the face of adversity.

 

One boy featured on the show, Chase, is confined to a wheelchair because of cerebral palsy. But he says his disability doesn’t stop him from getting around.

 

“I go bowling, I go out to eat, I go to the movies, I go to the mall. I can get around as much as regular people can get around, just in a different way.”

 

The show airs on Sunday night at 9:00 p.m. ET/PT.

 

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President George W. Bush recently proclaimed November as National Family Caregivers Month, making this November the first annual celebration of parents, grandparents, siblings and other family caregivers who make daily sacrifices for their loved ones.

 

As parents of children with cerebral palsy know, caring for a loved one with special needs often comes with everyday challenges (and rewards too). But caregivers should remember also to take care of themselves, a task that is all too often neglected. 

 

This month, if you’re a family caregiver or know someone who is, check out the National Family Caregivers Association website for tips on how to celebrate.

 

 

 

 

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A federally funded study will test whether a controversial therapy known as HBOT (hyperbaric oxygen therapy) can help to ease symptoms of cerebral palsy. Forty-eight children with cerebral palsy will participate in study and receive the therapy for free at Wright-Patterson Air Force Base in Ohio.

 

Patients undergoing HBOT receive high concentrations of oxygen in a pressurized chamber. It’s believed that the high dose of oxygen can help revitalize damaged brain cells, which are at the root of cerebral palsy.

 

The therapy is already approved for use in individuals suffering from decompression sickness (the “bends”), carbon monoxide poisoning and radiation injuries. However, the use of HBOT in the treatment of neurological disorders like cerebral palsy is controversial.

 

Research has yet to prove the effectiveness of HBOT for easing the symptoms of cerebral palsy in kids, and this study may shed some light on whether it’s a therapy worth pursuing for this purpose.

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After a three-week trial, a jury ruled that nurse malpractice caused Laine Jelinek to suffer damage to his brain during birth. The injury left Laine with cerebral palsy, and he will require constant care over the course of his lifetime.

 

The lawsuit filed by Laine’s parents in 2006 cited negligence on the part of a certified nurse midwife and registered nurse. The nurses were accused of failing to act in a timely manner after a fetal monitor showed signs the baby was in distress.

 

Laine was born in 2005 at Gunderson Lutheran Medical Center in La Crosse, Illinois. The $11.4 million verdict will help pay for past and future medical expenses and also compensate Laine for his suffering and loss of earning capacity, among other things.

 

“This is not an award…But it will change Laine’s life and make the family’s life reasonable,” an attorney for the family said.

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Families of children with cerebral palsy and/or other special needs often rely heavily on government funding and programs for help. With the presidential election on the horizon, parents of kids with disabilities need to know exactly where the candidates stand.

Most people are aware that Alaska Governor and Vice-Presidential candidate Sarah Palin has a child with Down syndrome. But will she make disability issues a priority if elected? And what about Sen. John McCain, Sen. Barack Obama and Sen. Joe Biden? Where do they stand on issues of disability, healthcare and education?

To make the most informed decision this election season, check out some of the resources below to find out where the different candidates stand on issues affecting people with disability:

 

• The American Association of People with Disabilities 2008 Presidential Election Action Center
• Barack Obama and Joe Biden’s Plan to Empower Americans with Disabilities
• The McCain-Palin 2008 website

The presidential election will take place on November 4, 2008.

 

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With the recent economic crisis, many parents are becoming increasingly concerned about their children’s future financial security. This is especially true of parents caring for a child with special needs, who often require long-term and expensive care.

 

For instance, caring for a child with cerebral palsy over the course of a lifetime may total over half a million dollars. And as the lifespan of individuals with disabilities increases, it’s more likely that a special needs child will outlive his or her parents.

 

A Few Options

 

Creating a special needs trust is one popular option these days. This kind of trust provides money for certain expenses related to quality of life (entertainment, grooming, etc.), while at the same time guaranteeing continued access to government programs like Medicaid and Social Security.

 

Additional options include retirement and estate plans as well as insurance policies. If your child has cerebral palsy or other special need, a professional can help you develop the best plan given your individual circumstances. Talking to an attorney or financial planner is generally a good place to start.

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The family of 5-year-old Miriam Tavares was awarded $4.25 million by a jury in Washington for injuries the girl suffered during her delivery at Evergreen Hospital Medical Center. Miriam sustained severe brain damage, and now has cerebral palsy. She cannot walk, talk, eat on her own and will require a lifetime of care.

 

Deprived of Oxygen

 

For at least 20 minutes before her birth, Miriam was deprived of crucial oxygen, according the family’s medical malpractice claim. Miriam’s mother, Sharla Tavares, went into labor a day before a scheduled C-section. She had a history of complications and was considered a high risk case.

 

Tavares checked into the hospital at 8:25 p.m., and signs of fetal distress were apparent 20 minutes later. At 9:00 p.m., Miriam’s heart rate had dropped to a dangerously low level. The nurses finally notified the obstetrician, who arrived at 9:18 to perform an emergency C-section.

 

Miriam was born at 9:24 p.m. and required resuscitation.

 

"She's a real fighter and is deeply loved by her parents, but this was a preventable injury," the family’s lawyer said.

 

Hospital Found Negligent

 

The jury found guilty of negligence and awarded Miriam and her family $2.4 million to cover future medical costs, $350,000 for previous medical costs, and $1.4 million in general damages

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A young man with mild cerebral palsy is raising money for United Cerebral Palsy (UCP) by stilt-walking in the Grand Rapids Marathon in Michigan on October 19th. This isn’t his first marathon on stilts, and he’s hoping this year he can beat his personal best time.

Earlier this year, Neil Sauter drew national attention when he walked from one end of Michigan to the other on stilts. The 800+ mile journey took him about 8 weeks, but he raised nearly $80,000 for the UCP of Michigan Assistive Technology Loan Fund.

Neil believes that people with disabilities should have access to the tools and technologies necessary to improve their lives. He has his own website at www.stiltstory.org.

 

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Parents of children with cerebral palsy may find valuable information and resources in EP Magazine (for Exceptional Parent). The monthly publication and website, eparent.com, are dedicated to supporting the special needs community with practical advice and emotional encouragement.

Families and individuals with special needs can go to the website for national disability news as well as information on:

 

• Educational policies, strategies and alternatives
• Financial strategies and planning
• Federal policy and advocacy
• Legal issues , such as trust creation
• Military family issues
• Mobility and technology
• Sports and recreation

 

Finding positive avenues for support and information is crucial for families dealing with cerebral palsy and other special needs, and this is one more resource we think is worth looking into.

 

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Jaundice is extremely common among newborns – about 60 percent of all babies develop the condition, which is characterized by excess levels of bilirubin in the blood. When left untreated for too long, severe jaundice can result in a type of brain damage that causes athetoid cerebral palsy.  

Kernicterus Is Preventable

This type of brain damage is known as kernicterus and it’s completely preventable when jaundice is promptly diagnosed and treated. Over the past decade or so, however, a few factors have led to an increase in the number of kernicterus cases diagnosed each year, including:

• Shorter hospital stays
• Relaxed treatment guidelines for jaundice
• Overall decreased public concern over the dangers of jaundice (largely because it’s so common)

There are a number of signs and symptoms associated with severe jaundice, which parents should be aware of and doctors should identify:

•  Yellowish-orange skin tone
• Irritation or fussiness
• Poor feeding
• Abnormal muscle tone
• Sleep problems

 

In addition to cerebral palsy, kernicterus can cause mental retardation as well as hearing, vision and dental problems. This is unfortunate given that severe jaundice is often treatable with simple phototherapy, or a transfusion in more extreme cases.

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The World Congress on Disabilities is holding a two-day conference and expo in Jacksonville, Florida on November 21st and 22nd. One of the featured conference tracks is pediatric cerebral palsy and it focuses on new approaches to treating this increasingly diagnosed condition.

Families can attend the conference to hear experts speak on various topics including:
 

• New techniques for managing spasticity and contracture
• Intensive pediatric physical therapy
• Intensive feeding therapy
• Hippotherapy
• The stages of grief for families of children with disabilities

 

The Congress also features a family conference track that provides information on education policies affecting children with disabilities and strategies on helping kids make their educational journeys successful.

 

Families may also find value in the expo portion of the Congress, which exhibits the latest products and services available to the disability community.

 

To learn more about the WCD Expo, visit the website: http://www.wcdexpo.com/2008/fla/index.cfm.

 

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A two-year-old girl has made “remarkable” progress since undergoing an experimental cerebral palsy treatment at Duke University in May. The treatment involved the use of the toddler’s own umbilical cord blood, which her parents had stored with a private company after she was born.

 

Chloe Levine was diagnosed with hemiplegic cerebral palsy after her parents noticed she was dragging her right leg while trying to crawl and having difficulty holding her bottle in her right hand.

 

When the family heard about the experimental research at Duke University, they decided to enroll Chloe. As part of the treatment, doctors injected Chloe with her own stem cells to repair damaged brain tissue. The results, according to her parents, were almost immediately apparent.

 

“She can walk, run and do sign language with her right hand,” her father said. “Her therapist said she’s made a 50 percent recovery.”

 

Cord blood contains a certain type of stem cell, which researchers are looking into for possible therapeutic properties. 

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A new case study published in Physical Therapy Journal shows promise for the use of gaming technology, specifically Nintendo Wii, to enhance rehabilitation in cerebral palsy patients.

The study focused on the case of an adolescent with spastic diplegia, and was conducted over the course of a summer.For the study, the teen participated in 11 training sessions between 60 and 90 minutes long. Various Wii games were used for the training, including:

• boxing,
• bowling,
•  tennis, and
• golf.

Two of the training sessions involved multiplayer games, and the boy trained in both sitting and standing positions. Researchers measured progress in visual perception processing, posture control and functional mobility and found improvements in each of these areas.

This is believed to be the first published study of its kind and suggests that additional research is necessary in the area of readily available gaming technology for cerebral palsy rehabilitation.

Previous research has focused on the use of virtual reality programs for stimulating movement in cerebral palsy patients, but such technology is costly and takes time to develop. However, interactive gaming systems like Wii are relatively low-cost and can be purchased commercially.
Still, researchers note that gaming is not a replacement for physical therapy, but it may be a viable complement.

 

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United Cerebral Palsy (UCP) is jumping on the social media bandwagon with a Twitter account, a blog and profiles on several popular social networking sites. UCP is a leading cerebral palsy association, dedicated to disability advocacy and support.

Twitter launched microblogging (short and frequent posts of 140 words or less) to the forefront of social media with its launch in 2006. Sticking to this format, the UCP Twitter site provides brief updates about UCP and news snippets relevant to people with developmental disabilities like cerebral palsy.

The advocacy group also hosts a regularly updated blog and has networking profiles on MySpace, Facebook and YouTube.

Social media such as these raise awareness about developmental disabilities and help to keep people informed. The more support these sites receive, the greater the potential for increasing general public knowledge and effecting positive change.

We're on Twitter too.  Follow Dave at @DaveAustin

 

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Noted economist and philanthropist Paul Volcker is trying to raise awareness of cerebral palsy, a condition that he says has never gained great popularity with the charitable community.  Volcker’s son has mild cerebral palsy, and he’s long been involved with the cause.

But his involvement gained momentum in 1988 when he began working with the United Cerebral Palsy Research Education Foundation (now called the Cerebral Palsy International Research Foundation). Volcker eventually became chairman of the organization, which raises money for and encourages cerebral palsy research.

Current research, Volcker says, is promising, particularly in the Middle East where doctors are cooperating in their efforts. He also says there’s a potential breakthrough in the area of robotics, which has been looked at as a possible cerebral palsy treatment.

Still, Volcker maintains that new areas of research are needed for finding ways to prevent and deal with cerebral palsy, a condition that is diagnosed in approximately 10,000 to 12,000 infants and children in the U.S. each year.

Individuals who are interested in learning more about cerebral palsy research or who would like to make a donation are encouraged to visit the CPIRF website.

 

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A hospital in Worcestershire, England, has admitted that medical mistakes led to the development of quadriplegic cerebral palsy in Holly Nixon. A medical negligence specialist and cerebral palsy lawyer for the family said Holly will likely require 24-hour care for the rest of her life.

Holly’s Ordeal

Holly was born by way of C-section in July 2003. At about 38 weeks’ gestation, Holly’s mother, Emma, began noticing problems. An exam revealed that Emma was experiencing raised blood pressure, but she was not admitted to the hospital.

The next day, the baby stopped moving and it was determined that Emma’s blood pressure had increased even more. Still, she was not admitted to the hospital. On the following day, Emma had a scan that showed fetal distress. The distress was not recognized until a second scan was performed later that day.

An emergency C-section was scheduled but delayed for several hours. During this time, Holly suffered irreparable brain damage due to oxygen deprivation. 

Preventable Medical Errors

“Holly is a wonderful little girl and she is loved very much by all who know her. However, by now she should be running around with her friends and starting music or dance classes,” Emma Nixon said. “We have been robbed of this and so many other opportunities that she should have had in life and it’s extremely difficult to come to terms with this, particularly as we now know it’s all down to basic mistakes made during her birth.”

Worcestershire Acute Hospitals NHS Trust has agreed to start a fund for Holly’s care, but the total amount of compensation has yet to be determined.

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A $5.5 million settlement has been reached in a medical malpractice lawsuit filed by a woman whose son suffered severe brain damage after prolonged oxygen deprivation at birth. The damage has left the boy, now 6, unable to perform basic functions like walking, sitting on his own, feeding and talking.

 

“Seeing how he struggles, seeing him in a wheelchair and not being able to hear him say ‘Mom’ in English or Spanish, it’s painful. We shouldn’t have been going through all of this,” said Eva Liberato, the boy’s mother.

 

According to Liberato’s lawsuit, the baby’s heart rate began to plummet after she was given medication to induce contractions. A family doctor tried unsuccessfully to deliver the baby with a vacuum retractor and forceps before an obstetrician was called to deliver the baby by C-section.

 

A jury found the family doctor liable for the boy’s birth injuries, but the hospital and obstetrician will also contribute to the settlement

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Yoga has become extremely popular in recent years, in part because of the large number of celebrities who promote the practice. Though yoga is primarily practiced by adults, children with cerebral palsy and other disabilities may also benefit from practicing yoga.

 

Several Ways Yoga Helps

 

Yoga is an ancient physical and mental tradition that originated in India. The practice of yoga involves the use of various asanas (postures) and breathing techniques to facilitate relaxation and meditation. In children with cerebral palsy, yoga provides a couple of significant benefits:

• Improves muscle tone – particularly in children with spastic cerebral palsy, which is characterized by high muscle tone. Holding certain postures stretches muscles and tendons, helping to relieve overall stress and tightness.
• Muscle resistance and strengthening – in children with hypotonia (low muscle tone), yoga postures can be used to create resistance and help strengthen loose or flaccid muscles.
• Realignment of spine – yoga can stretch and realign the spine, reducing pressure on the nerves and improving movement and coordination.

 

Practicing yoga may also help children with cerebral palsy feel a greater sense of independence. Parents interested in learning more about yoga for special needs children should visit the Yoga for the Special Child website

 

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Two studies published in the September 18^th issue of The Lancet show a link between antibiotic use to stop preterm labor and an increased cerebral palsy risk. Antibiotics are sometimes given to pregnant women to prevent preterm delivery, even if they show no sign of infection or membrane rupture.

The idea behind antibiotic use in these situations is to treat low levels of infection that may be undetectable but causing early labor. However, evidence has not proved antibiotic treatment effective in delaying preterm delivery, and worse, it now seems such treatment may actually cause problems.

Double the Risk

Both studies looked at children born to women who were given one of two antibiotics (erythromycin or co-amoxiclav) or a placebo toward the end of their pregnancies. More than 4 percent of the children whose mothers were given antibiotics had cerebral palsy, compared with about 1.5 percent of children in the placebo group.

Preterm labor is itself associated with a heightened risk of cerebral palsy, and so are maternal and fetal infections. In cases where infection is clear, the benefits of antibiotic use may outweigh the risks. Pregnant women should always discuss any concerns with their physician.

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In recent years, Botox has gained increasing popularity as an effective cerebral palsy treatment. Though the Food and Drug Administration has not approved Botox for treating cerebral palsy, physicians have found in useful in controlling limb spasticity.

Botox, as most people are aware, is derived from a dangerous toxin. When injected into muscles, botulinum toxin causes the muscles to relax, thereby relieving spasms. However, medical treatments involving Botox often require much higher doses of the deadly toxin than cosmetic treatments.

Severe & Deadly Side Effects in Cerebral Palsy Patients

These higher doses can result in a greater risk of serious and potentially deadly side effects such as breathing problems and respiratory failure. In February, the FDA announced that it had received reports of hospitalizations and deaths in patients treated with Botox for both approved and unapproved uses.

The most severe reactions, according to the agency, occurred in children treated with Botox for limb-spasticity associated with cerebral palsy. The FDA emphasized that Botox has not been proven safe or effective for treating spasticity in cerebral palsy patients under age 12.

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Drooling is a common symptom of cerebral palsy, affecting as many as one third of those diagnosed with the condition. Though a seemingly benign symptom that tends to improve with age, drooling can cause skin irritation as well as social and self-esteem issues in young cerebral palsy patients.

Now it appears as though there may soon be a possible drug treatment for drooling in children ages 3 to 18 with cerebral palsy and other neurological disorders. A new drug known as glycopyrrolate, made by Sciele Pharma Inc., has shown promise in a recent clinical trial.

Patients who received the drug during a 24-week trial drooled significantly less than those who received a placebo. The reduced drooling, which was measured by parents and caregivers according to an accepted scale, was seen as early as eight weeks after the drug treatment began.

The drug is not yet approved by the Food and Drug Administration. Sciele is expected to submit a completed New Drug Application to the agency by the end of the year.  

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Magnesium sulfate, more popularly known as Epsom salt, has been identified by researchers as a possible treatment for women at risk for preterm delivery (before 32 weeks gestation)—a known risk factor for cerebral palsy.

 

A study published in August in the New England Journal of Medicine compared the rate of cerebral palsy in babies whose mothers were given either magnesium sulfate or placebo. All of the mothers were at risk of delivering between 24 and 31 weeks of gestation.

The use of magnesium sulfate seemed to reduce the incidence of cerebral palsy by almost half. Despite the positive findings, experts tend to agree that more research needs to be done in this area.

Magnesium sulfate has previously been studied as a treatment for delaying early labor, though findings have not proven the compound effective for this use. However, it does seem to work for treating maternal high blood pressure.

Women who are at risk of preterm delivery should consult a physician to weigh their options.

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This week a few other Blog posts that you might find interesting form elsewhere.

• Video Game Therapy for Cerebral Palsy - An engineering student at the University of Toronto has designed a computer game for children with hemiplegic cerebral palsy. The purpose of the game is to get kids to engage the weaker side of their bodies. According to this article, ...

• Ashley’s Back - Well, it looks as though the Ashley Treatment is about to hit the headlines again. A quick trip thru the blogosphere suggests that no one else has mentioned this yet and maybe no one else cares. But I do. A mother has asked that her 15 ...

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It would seem  to be true in the case of a young California boy whose troubled birth has left him with severe brain damage and cerebral palsy.  A Sierra View District Hospital  has agreed to a 4 million dollar settlement.  The obstetrician and nurse anesthetist have also agreed to a settlement but the terms of the settlement remain confidential.

Gabriela Enriquez  was admitted to Porterville Hospital on March 19th of 2006 to give birth to her first child, Jose Carrillo.  Bruce Fagel, Gabriela's attorney, said that the baby's monitor indicated that the baby was in distress over the  last several hours of labor but that those indications of distress were ignored by the nurses and obstetrician on duty.  He went on to say that by the time an emergency c-section was ordered the next morning significant brain damage had occurred from lack of oxygen.

According to Fagel, Jose has severe cerebral palsy and, while his doctors believe his intellectual development may be normal, his motor skills are lacking and he will never be able to walk or communicate normally.

Because the hospital district board is a public agency it was required to approve the terms of the settlement even  though the settlement was reached in private negotiation.  A judge also had to approve the settlement because the plaintiff is a minor.

Court records show the Enriquez/Carrillo suit against the hospital also named as defendants Dr. Jose R. Salas, a Porterville obstetrician; Janet Michelle Bailey, a registered nurse/anesthetist; and Dr. Philip Early, head of the hospital's anesthesiology department.

According to records of the Medical Board of California, Salas was placed on probation in 1999 for three years because of an accusation of "gross negligence" and "repeated negligent acts" stemming from a 1995 birth at Sierra View.

So, how does a 4 million dollar settlement become a 45 million dollar settlement?  It doesn't.  The settlement  is still a 4 million dollar settlement but the 4 million dollars will be placed in an annuity designed to provide a monthly income for the rest of Jose's life - to cover his medical needs, home care and therapy.  Over his lifetime that annuity is estimated to pay him about 45 million dollars.

 

 

 

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I was recently reviewing the types of cases that our cerebral palsy lawyers have investigated a large number of them are fetal distress cases.

Fetal Distress is when the heart rate of the baby lowers significantly during the labor and delivery process.  A significant number of our investigations involve looking into the medical records and looking to see if the records show a significant drop in heart rate or a substantial change in the baby's ability to recover from each contraction.

Fetal distress can indicate that the baby is not getting enough oxygen through the umbilical cord, which in turn can be the cause of some brain damage.

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Louisiana legislation signed into law on July 15th provides clearer guidance for judges dealing with settlements for minors.

House Bill 133 amended the state's Civil Code of Procedures to state that "in approving any proposal by which money will be paid to the minor as the result of a judgment or settlement, the court may order that the money be paid under a structured settlement agreement which provides for periodic payments and is underwritten by a financially responsible entity that assumes responsibility for future payments."

State Representative Joseph Lopinto gives credit for the idea to Mike McCullough of the James Street Group.

"I used to see the parents go take the money and go to the bank and cash it," said McCullough, who is based in Lafayette, La. "I am trying to protect the minors that come into money from a lawsuit. The only recourse they have [otherwise] is when they turn 18 and can sue their parents."

Prior to passage of this bill, judges were only instructed to impose orders that were for the benefit of the minor such that funds were used, administered and conserved in the best interests of the minor.  The passage of this bill is meant to promote the use of structured funds but stops short of making it mandatory.

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In Connecticut the Justice Department has awarded $115,000  to a tenant because the landlord refused to allow the tenant to have an assistance dog in the home.

It  was claimed in the lawsuit that the tenant's daughter needed the dog to help with her cerebral palsy, depression and seizure disorder.  The lawsuit also claimed that Mahmoud M. Hussein, the landlord, refused to make any exception to his no-pets policy and refused to renew her lease and began eviction proceedings when she exercised her rights under the Fair Housing Act.

The landlord, Mahmoud M. Hussein, must pay compensation and attorney fees, attend fair housing training, implement a reasonable accommodation policy and comply with monitoring requirements.

 

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As reported in the Chicago Tribune an Aurora woman has settled her malpractice suit for fifteen million dollars.  Vanessa Jenkins had brought suit against the doctor, hospital and staff alleging that her son Cody suffered brain damage because, during her labor, the doctor used a vacuum device improperly thus causing brain damage.

Her attorneys said that her labor was uneventful until the doctor began to use the vacuum device.  Within a period of 50 minutes the device was used 18 times.  When Cody's fetal heart rate indicated that he was in distress, Cody was delivered by Caesarean section by another doctor.  By then the damage had been done and Cody was left disfigured, brain damaged and incapable of living independently.

The settlement was approved by Judge Kurt Klein in Dekalb County Circuit Court and her attorneys said this was the largest award ever reached in Dekalb County.

 

 

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Heather Grow's daughter, Cassie, was delivered by caesarian section but only after she had been stuck in the birth canal for over thirteen hours.  In 1997 Heather was told that she had a narrow pelvic arch and that became an issue about two weeks before delivery when her doctors realized that the baby was about nine pounds.

Cassie got stuck in the birth canal clearly being pushed through an opening where she couldn't fit.  Attorney Patrick P.J. Beirne described it as like trying to push a watermelon through an opening the size of an apple.   Not only was Cassie too big for the birth canal but medical workers continued to give Heather drugs to make the uterus contract.  She continued having contractions every couple minutes.  This continued for hours all the while squeezing the baby's head causing brain damage.

Attorney Mark Mueller said that the doctor had a responsibility to ensure that Heather had a safe delivery.

Cassie, now 11, is a spastic quadriplegic. That means she has limited use of her limbs.

She can walk short distances but needs a walker. She can see but because the part of her brain that processes vision was damaged, her brain can't properly interpret what her eyes see. She has problems using her hands, and she is mildly retarded, Mueller said.

"These are permanent injuries," Mueller said.

The vast majority of the settlement is for Cassie's future medical needs  and future loss of ability to perform ordinary activities.

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In 2004 William Duckworth was working as a civilian employee at Kadena Air Base in Japan.  His daughter Aubrey was born at the U.S. Naval Hospital in Okinawa in September of 2004.

Because her mother's uterus ruptured during birth Aubrey was not  receiving oxygen and, as a result, is severely disabled.  She must be fed through a tube implanted in her stomach, suffers from blindness and spastic cerebral palsy. 

Spastic Cerebral Palsy, the most common type, is a disorder in which certain muscles are stiff and weak.  The stiffness can occur mainly in the legs (diplegia), only in the arm and leg of the same side (hemiplegia) or in both arms and both legs (quadriplegia).  A wide-based, staggering, or "scissors" gait is characteristic of this type.  

According to Patrick Malone, the family attorney, the family brought a claim under the Military Claims Act alleging that a nurse midwife, Laura A. Bennett, was grossly negligent and guilty of malpractice for trying to manage a complex and high-risk delivery without calling in an obstetrician.

Last month, Secretary of the Air Force, Michael Wynn approved the settlement.  Most of the money will be set aside to pay for Aubrey's continuing medical and nursing care.  The Air Force is responsible for the settlement because it has “single service authority” over injury claims at all U.S. government facilities in Japan according to federal regulations.

We were involved in a case similar to this many years ago.  One of the interesting parts is that in these overseas' cases there is often no right to a jury trial, so the often the only way to resolve the military malpractice at all is to work up the case as best you can and settle.

 

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