Cerebral Palsy Law Blog

Family Wins $20.5 Million in Cerebral Palsy Lawsuit

dave@burke-eisner.com (David Austin) — Wed, 19 Nov 2008 13:35:07 -0500

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.

Support for Siblings of Children with Cerebral Palsy

dave@burke-eisner.com (David Austin) — Mon, 17 Nov 2008 23:28:19 -0500

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.

Father Creates Documentary Film of Son's Cerebral Palsy

dave@burke-eisner.com (David Austin) — Sat, 15 Nov 2008 18:23:16 -0500

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.

March of Dimes Issues First Premature Birth Report Card

dave@burke-eisner.com (David Austin) — Thu, 13 Nov 2008 15:46:40 -0500

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.

Kids Confined to Wheelchairs Featured in Nick News Show

dave@burke-eisner.com (David Austin) — Mon, 10 Nov 2008 23:22:36 -0500

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.

Creating a Multi Sensory Environment for Your Cerebral Palsy Child

dave@burke-eisner.com (David Austin) — Sun, 09 Nov 2008 23:02:30 -0500

Studies have shown that Multi Sensory Environments (MSEs) can improve the quality of life of children and adults with emotional, physical and developmental disabilities. According to the Hidden Angels Foundation, MSEs “promote intellectual activity and encourage relaxation” through multi-sensory stimulation.

MSEs are specifically designed to meet the user’s individual needs and may incorporate a variety of visual, tactile and auditory experiences. For instance, an MSE may include:

Special lighting such as bubble lamps, colored lights, mirrored balls, etc.
Tactile objects such as textured wall paper, soft or vibrating toys, bean bag chairs
Sound effects including rhythmical music or sounds from nature

Children with cerebral palsy often face physical and/or cognitive challenges, and an MSE may help a child cope with or overcome their challenges. MSEs can also be used to provide relaxation, which is often an issue for kids with spastic cerebral palsy.

There are MSEs in various locations throughout the country, but you can also try to create a special space in your home for your child. Visit the Hidden Angels Foundation website to learn more about MSEs.

November Is National Family Caregivers Month

dave@burke-eisner.com (David Austin) — Fri, 07 Nov 2008 19:48:27 -0500

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.

Foundation Funds Research on Hippotherapy and Cerebral Palsy

dave@burke-eisner.com (David Austin) — Wed, 05 Nov 2008 12:59:02 -0500

The Horses and Humans Research Foundation has granted $100,000 in funding to two universities, one of which will study the effect of hippotherapy (horse-assisted therapy) on head and body movement in 18 children with cerebral palsy.

A 2006 study showed that therapeutic horseback riding programs can benefit motor functioning in children with spastic diplegia, a common type of cerebral palsy, and in recent years, numerous equine-assisted therapy programs have been developed around the country to help individuals with disability.

This new study will be conducted over the course of 10 weeks by researchers at the University du Quebec a Trois-Rivieres, just northeast of Montreal. The other university to receive a grant, Good Hope Equestrian Training Center in Florida, will focus on the use of equine therapy in autistic children.

To learn more about equine-assisted therapies and studies, visit the North American Riding for the Handicapped Association or Horses and Humans.org.

Mayo Clinic on Cutting Edge of Erb's Palsy Treatment

dave@burke-eisner.com (David Austin) — Mon, 03 Nov 2008 14:05:46 -0500

Thousands of babies are born each year with Erb’s palsy, typically as a result of damage during birth to the network of nerves known as the brachial plexus. About 10 percent of babies with Erb’s palsy require treatment, which may include surgery.

Surgical procedures for treating Erb’s palsy in infants and small children are highly specialized and extremely delicate, and parents may not know where to turn to get the best treatment for their child.

The Mayo Clinic in Minnesota is one of the leading research institutions and treatment centers in the United States for injuries of the brachial plexus such as Erb’s palsy. Surgeons there perform hundreds of specialized procedures each year, using cutting edge surgical techniques to repair nerve damage in babies and children with the condition.

Parents can visit the Mayo Clinic website to read patient stories, to schedule an appointment or to find out more about current clinical trials.

Interactive Play for Children with Cerebral Palsy

dave@burke-eisner.com (David Austin) — Fri, 31 Oct 2008 18:12:37 -0500

Choosing toys for a child with disability can be a challenge for parents. For children with cerebral palsy, parents must take into consideration their child’s physical impairments as well as any communicative or cognitive difficulties.

Fortunately, there are a couple of great resources that can help parents find interactive toys and even local play groups for their child:

· Lekotek.org – This organization seeks to make play accessible to special needs children, and has 32 sites across the country that play sessions for families, computer play and software lending libraries, toy lending libraries and other play services to support children and their families

· Ableplay.org – This website provides information and ratings on toys so parents can make the best decisions for their child. Parents can search for toys based on specific needs or disabilities, including cerebral palsy, see product ratings and find out where to buy.

Both sites also offer newsletters so parents can stay up-to-date on the latest toys, games and play products for children with special needs.

Study Tests HBOT for Easing Cerebral Palsy Symptoms

dave@burke-eisner.com (David Austin) — Thu, 30 Oct 2008 13:14:41 -0500

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.

$11.4 Million Awarded in Nurse Malpractice Case

dave@burke-eisner.com (David Austin) — Tue, 28 Oct 2008 23:06:32 -0500

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.

A Medical Home for Your Cerebral Palsy Child

dave@burke-eisner.com (David Austin) — Thu, 23 Oct 2008 13:58:16 -0500

Obtaining comprehensive, compassionate and effective medical care is essential for ensuring the health and wellbeing of your cerebral palsy child. However, coordinating this type of healthcare is no easy feat for parents, and that’s where the National Center for Medical Home Implementation steps in.

According to the American Academy of Pediatrics, a medical home is a model for delivering accessible, continuous and family-centered healthcare with the goal of ensuring that all kids, especially those with special needs, have the support and services they need to thrive in their communities.

In 2007, the AAP and several other medical groups developed a few guiding principles for pediatric medical homes:

Family-centered – creating partnerships between families and healthcare providers based on trust, collaboration and respect
Community-based – emphasizing community networks that promote the health and wellbeing of families
Transition – making sure that individuals receive continued support and services as they move from childhood to adolescence to adulthood
Value –high quality healthcare that is affordable for families and cost-effective

To learn more about implementing a medical home for your cerebral palsy or special needs child, visit the National Center for Medical Home Implementation website.

Do You Know Where the Candidates Stand on Disability?

dave@burke-eisner.com (David Austin) — Tue, 21 Oct 2008 16:45:39 -0500

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.

"New" Erbs Palsy Surgery

jlb846@gmail.com (Jim Burke) — Tue, 21 Oct 2008 12:33:16 -0500

"New" because it's a surgery that has been around for years but only recently has been used for children. The surgery involves reconnecting broken nerves to healthy ones. Now repair can be done on young people before the injuries get to a point of no possible repair.

Ella Woodruff is a three-year old who suffered an injury that left her left arm paralyzed and broke a bone in her neck. Today she is almost back to normal because of this surgery that was done at St. Louis Children's Hospital.

Dr. Susan Mackinnon, chief of the division of plastic and reconstructive surgery at Washington University's School of Medicine, summed up the results: "Spectacular. That's the adjective I would use."

Because of Ella's response to the surgery, physicians are holding high hope that the procedure could be used on children as young as three months. They think that Ella's great response is due to her age and that her developing body was able to cooperate better with the surgery.

Erb's Palsy is an injury to the brachial plexus, a cluster of nerves that connects the arm and hands to the brain. The injury often occurs during childbirth when the baby's shoulder gets stuck in the birth canal and too much force is used in trying to free the baby. The severity of the nerve damage determines whether healing occurs naturally or whether surgery could be used.

The old surgical method involved grafting a healthy nerve from some area of the body to the damaged nerve. Ella's physician Dr. Gregory Borschel, a pediatric plastic surgeon with Children's Hospital, has said that this method has downsides such as leaving a part of the body numb since it has no nerve connection. The recovery is also much slower.

"We did something called a nerve transfer, often a better option in pediatrics," he said. "Think of it as a bypass."

During a six-hour microsurgery, he cut the crushed nerve that exchanged messages between Ella's hand, arm, shoulder and brain and reconnected it to a healthy, redundant nerve — one that didn't have much to do.

As for Ella's recovery, "It was almost like nothing had happened," Borschel said. "Based on how rapid her recovery has been … she will likely max out our measurement scale."

Preparing for Your Child's Financial Future

dave@burke-eisner.com (David Austin) — Wed, 15 Oct 2008 18:32:13 -0500

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.

$4.25 Million Awarded to Family of Girl with Cerebral Palsy

dave@burke-eisner.com (David Austin) — Mon, 13 Oct 2008 18:50:14 -0500

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

Man Walks on Stilts to Raise Money for UCP

dave@burke-eisner.com (David Austin) — Sat, 11 Oct 2008 12:28:04 -0500

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.

Publishing Company Targets Special Needs Community

dave@burke-eisner.com (David Austin) — Fri, 10 Oct 2008 22:18:22 -0500

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.

Free Teleclass for Family Caregivers

dave@burke-eisner.com (David Austin) — Wed, 08 Oct 2008 22:23:50 -0500

November is National Family Caregivers Month, and to kick it off, the National Family Caregivers Association (NFCA) is hosting a teleclass designed to help caregivers become better advocates for their loved ones.

The theme of the two-part teleclass is “Communicating Effectively with Healthcare Professionals,” and it will be held on November 6^th and 13^th at 2 p.m. eastern time. The teleclass is aimed at providing caregivers with the communication skills necessary to improve medical results for their loved ones, enhance safety, and save money.

“Family caregivers play a key role in assisting and advocating for their loved one through the healthcare maze. Being able to communicate effectively is critical to ensuring loved ones receive safe and high quality care as for themselves,” said NFCA president Suzanne Mintz.

There are currently more than 50 million family caregivers in the U.S., some of whom are supporting loved ones with cerebral palsy. To register for the free teleclass, visit the NFCA website or call 800-896-3650.