Jury Awards $4 Million in Cerebral Palsy Lawsuit
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.
When Is It Too Late To Sue for a Birth Injury?
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.
Defense Invokes Roe v. Wade in Birth Injury Case
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
Cerebral Palsy Lawsuit Filed in St. Louis
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.
Illinois Mom Files Cerebral Palsy Lawsuit
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.
22 Million in Birth Malpractice
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.
Massachusetts Settlement means disabled people can live in homes
In this settlement, people with disabilities such as Cerebral Palsy and Mental Retardation will be moved to homes and apartments and will not be required to live in nursing homes. They will also have staff and services made available to them as part of the settlement.
The state has reached an agreement in a long-standing class action lawsuit involving disabled people seeking to live outside nursing homes.Source: MassLive.com Tweet this
The agreement in the suit, initially filed in U.S. District Court in Springfield in 1998, will mean more than 600 people will be moved out of nursing homes in Massachusetts to apartments, group homes or their own residences and will have support staff available. The agreement is similar to one reached in 1999, which resulted in more than 1,000 people were placed in the community over several years, according to the state.
Southern California Brain Injury Settlement
An arbitration panel has awarded a $3.2 million verdict to a family.
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Kaiser Permanente is paying $3.2 million to a 14-year-old Lake Forest girl who wasn't breathing and suffered brain damage when delivered by Caesarean section.Source: SignOnSanDiego.com
The birthing malpractice settlement was reached this month after a binding arbitration decision in favor of the family of Ariana Ehtemam.
Court documents show the girl now suffers physical and behavioral problems. The $3.2 million has purchased an annuity worth $20 million over her lifetime. She will receive the first payment at 18.
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Two Northern Virgina Doctors reprimanded for birth injury cases
Here is a quick quote from a well written article covering the recent reprimand of two doctors relating to a birth injury on Virginia.
For the first time in 20 years, the state's medical board has administratively punished two doctors who gained immunity from suit in catastrophic, birth-injury cases.Read the Full article here: InRich.com Tweet this
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In hearings last week, two Northern Virginia obstetricians -- Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge -- received formal reprimands for their handling of births that resulted in devastating, lifelong injuries to infants during delivery.
The reprimands become part of a doctor's permanent record and appear on a physician's public profile at www.vahealthprovider.com/search.asp, where they are expected to appear in several days. They carry no monetary penalty and do not affect a doctor's ability to practice.
Here's why you pursue a Cerebral Palsy Case
Another Cerebral Palsy settlement from another country. This one has some great quotes though from the parents.
The parents of an 11-year-old London girl awarded £6.5 million after hospital blunders left her severely brain damaged today told of their relief that her future is now taken care of.
Melissa Salamanca, of Brockley, was born with jaundice and could have escaped harm if either the hospital or a midwife had spotted the seriousness of the situation, the High Court heard. She was sent home from hospital the same day and suffered blood poisoning which left her with cerebral palsy.
Diego and Maria Salamanca, both 34, said the legal fight for a settlement had dominated their lives. Mrs Salamanca said: "It has been going on for a very long time. It has become our life. It is a fair amount for the amount of care Melissa will need for the rest of her life. I can pass away very peacefully knowing that her future is secure.
"Money will not put my daughter back to normal but it might make her life more comfortable." (emphasis added)
I also like the comment by the doctor at the base of the article. He is exactly right. Making disciplinary actions public will go a long way to improving medical care and educating the public about the medical care choices.
Article: "Brain-damaged daughter" from the Evening Standard Tweet this
Cerebral Palsy Settlement - Canada
Here is a great discussion of a $4.2 Million dollar fee in a medical malpractice case that settled for $12.7 million. It sounds like this particular solicitor came into a case late and provided excellent representation.
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Mr. Justice Robert Smith has released a significant decision in which he has considered the issue of contingency fees charged to persons under a legal disability. He approved legal fees of $4.2 million in a medical malpractice case that settled for about $12.5 million. His Honour held that while it is up to the court to approve contingency fee arrangements with disabled plaintiffs, “substantial weight” should be given to such agreements where they have been entered into by a sophisticated party who considered and weighed the risks involved and acted in the best interests of the child.Please go read the full Blog post over at CavanaghWilliams.com. It is a well put together post. Alternatively you can access the court's opinion at this link.
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Cerebral Palsy Settlements
Occasionally I will post about a cerebral palsy settlement. I don't do it all that often, but two articles today. One from Australia and one from the UK that I also wanted to post. Why? Well, I merely wanted to raise awareness that cerebral palsy lawsuits or settlements or whatever are not just an American creation. They happen all over the world. The legal systems just deal with them differently.
This settlement from the UK.
This one from Australia
Hospital Admits to Drug Folly
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This settlement from the UK.
Court awards £5m to brain-damaged boy
This one from Australia
Hospital Admits to Drug Folly
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Maine Medical Malpractice Verdict
This case is from Maine. It is a $8 Million verdict against Central Maine Medical Center. Here is the quote from the article.
Source: Insurance Journal Tweet this
A jury in Auburn, Maine last week awarded nearly $8 million to a brain-damaged 5-year-old boy and his mother in their medical malpractice lawsuit against a Lewiston hospital and one of its midwives.
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It was a two week trial and the jury deliberated for 2 days before getting this result.Emond, who was 16 at the time Odysseus was born in April 2002, claimed that her midwife and Central Maine Medical Center should have recommended an emergency cesarean section when her baby appeared to be in fetal distress.
The baby was born with cerebral palsy due to lack of blood and oxygen to his brain.
Source: Insurance Journal Tweet this
Cerebral Palsy Lawsuit in Illinois
There only a short amount of information on this Cerebral Palsy lawsuit in Illinois that resulted in a $12 million dollar verdict. From what I can gather from the brief article it appears to be a case that resulted from a failure to see the signs of oxygen deprivation.
A DuPage County jury has granted a $12 million medical malpractice award to the family of a seven-year-old Warrenville boy crippled at birth.Source is The Daily Journal Tweet this
... 45-minute delay during the ... birth that deprived him of oxygen and caused his disability.
No matter where you turn it seems that it is a battle to get benefits
The Commonwealth of Virginia has an injury program that is designed to reduce the amount of lawsuits that come from birth injuries. The basic idea is that you provide a system that agrees to pay for treatment of the birth injury and in return you as the injured person (or parent) give up the right to sue the doctor or the hospital.
In Virginia the fund that provides this treatment is seriously underfunded to the tune of $100 million or so.
Critics of this fund claim that the fund administrators are denying benefits because of the shortage of money. This link is to a series of articles about one family's battle to get benefits for their child.
Source: Times Dispatch
Tweet thisNY Ruling on Emotional Distress
The NY Court of Appeals has held that a mother cannot recover damages for the emotional distress she suffered as a result of giving birth to a disabled child.
This case grew out of a ruling in NY last year that allowed a mother to sue for emotional distress when her baby was stillborn or she miscarried. The reasoning used then was: There was no other way to hold the medical professional liable under then New York Law if the baby died because of malpractice. That case is Broadnax v. Gonzalez and Fahey v. Canino, 2 NY3d 148 (2004)
But the court said Tuesday that when the child is born alive and can bring a malpractice action for injuries that occurred in the womb, post-birth damages are available only to the infant.
Therefore the mother has no independent claim.
You can read the case here: Sheppard-Mobley v. King
Source: Yahoo and Law.com
Tweet thisCerebral Palsy Verdict $23.8 Million
A report out of Boston, MA today. A Suffolk County jury has determined that the damages owed to this family are $23.8 Million for cerebral palsy. The case involved obstetricians from Mass General Hospital.
Tweet thisTestimony in a Cerebral Palsy case in Colorado
An article from the Greeley Tribune concerning a birth injury trial in the Fort Collins area of Colorado.
Full Article: Tearful mother tells about birth of daughter
Tweet thisMaryland Rejects Brain Injury Fund
The idea was to mirror Virginia and Florida. In these states the state basically runs a fund that provides some level of care for brain injured children. Maryland legislators have apparently decided not to pursue this idea.
Why? To much money. The Virginia program is in debt and appears to have some difficulty meeting its obligations. Why? Well the first reason is that providing care for cerebral palsy or other brain damaged patients is very high. A lifetime of care for cerebral palsy malpractice victims can run in the millions of dollrs.
Source: Richmond Times Dispatch
Tweet thisPlease don't wait. The Statute of Limitations won't.
You may or may not know what a Statute of Limitation is. For those that don't here you go.
Whenever you have been injured, you are given a certain amount of time to file a lawsuit. The amount of time you have varies widely depending on what state you are in or what law is being applied. The amount of time you have can be a few months to many years. If you miss that time period, then you may never be able to file.
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