Posted on November 19, 2008 by David Austin
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 on November 17, 2008 by David Austin
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.
Posted on November 15, 2008 by David Austin
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.
Posted on November 13, 2008 by David Austin
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.
Posted on November 10, 2008 by David Austin
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.
Posted on November 7, 2008 by David Austin
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.
Posted on October 30, 2008 by David Austin
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.
Posted on October 28, 2008 by David Austin
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.
Posted on October 21, 2008 by David Austin
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 presidential election will take place on November 4, 2008.
Posted on October 15, 2008 by David Austin
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.
Posted on October 13, 2008 by David Austin
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
Posted on October 11, 2008 by David Austin
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.
Posted on October 10, 2008 by David Austin
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.
Posted on October 8, 2008 by David Austin
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.
Posted on October 7, 2008 by David Austin
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.
Posted on October 4, 2008 by David Austin
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.
Posted on October 2, 2008 by David Austin
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.
Posted on October 1, 2008 by David Austin
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
Posted on September 28, 2008 by David Austin
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.
Posted on September 26, 2008 by David Austin
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.
Posted on September 25, 2008 by David Austin
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
Posted on September 24, 2008 by David Austin
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
Posted on September 20, 2008 by David Austin
Two studies published in the September 18th 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.
Posted on September 19, 2008 by David Austin
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.
Posted on September 18, 2008 by David Austin
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.
Posted on September 16, 2008 by David Austin
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.
Posted on September 11, 2008 by David Austin
This week a few other Blog posts that you might find interesting form elsewhere.
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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, ...
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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 ...
Posted on August 27, 2008 by Jim Burke
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.
Posted on August 13, 2008 by David Austin
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.
Posted on August 2, 2008 by Jim Burke
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.
Posted on May 29, 2008 by Jim Burke
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.
Posted on May 28, 2008 by Jim Burke
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.
Posted on May 26, 2008 by David Austin
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.
Posted on May 14, 2008 by David Austin
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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Posted on April 5, 2008 by David Austin
Now here is an interesting article that weighs the risk assumed by mothers as compared to letting them have a vaginal birth after C-Section (VBAC).
Great little synopsis from the blog where I found it.
The True Face of Birth
I recently came across an article titled Cost-Effectiveness of Elective Cesarean Delivery After One Prior Low Transverse Cesarean. The title isn't that interesting, but the article certainly is. The authors calculated the hypothetical overall cost and relative risks of a policy of ERCS (elective repeat cesarean section) versus VBAC (vaginal birth after cesarean). Some of the findings:
- In order to prevent one major adverse neonatal outcome (death or cerebral palsy) due to a VBAC, doctors would need to perform 1,591 cesarean sections and incur a cost of $2.4 million.
- For every five babies' lives saved due to ERCS, one mother will die and many others will be injured.
- "Elective repeat cesarean delivery in 100,000 women whose first birth was a cesarean through a low transverse incision will prevent 37 cases of cerebral palsy and 37 neonatal deaths. To achieve this health benefit requires an excess of 117,748 cesarean deliveries, seven maternal deaths, and 5500 maternal morbid events."
Hundreds of hospitals have banned VBACs since 1999, when ACOG revised its recommendations on VBAC and stated that it “should be attempted in institutions equipped to respond to emergencies with physicians immediately available to provide emergency care.”[1] In practice, this translated into 24-hour in-house anesthesia and OB coverage, a requirement that often only large, tertiary hospitals could guarantee. Despite the fact that ACOG’s 1999 recommendation was not evidence-based [2], obstetricians and hospital administrators are under heavy pressure to comply with the recommendations. (The American Academy of Family Physicians has developed VBAC guidelines that are evidence-based; they recommend that VBAC "should not be restricted only to facilities with available surgical teams present throughout labor since there is no evidence that these additional resources result in improved outcomes.") As a result of ACOG’s new position on VBAC, hundreds of smaller hospitals have instituted a no-VBAC policy, requiring women to have mandatory repeat cesareans or to travel elsewhere—sometimes very long distances--to give birth. Some states also do not allow home birth midwives to attend VBACs, which further limits women's options.
This article's findings show that a polic