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

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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Fertility experts, bioethicists and medical attorneys are speaking out against the doctors responsible for the octuplets recently born to a single woman in her 30s – One expert called it a “medical catastrophe” and another referred to it as professionally negligent.

The problem for medical and legal specialists is the inherent risk involved in carrying multiples. Not only does the mother face serious health risks such as seizures and gestational diabetes, but the babies also face great risks.

Multiple birth pregnancies almost inevitably result in preterm delivery, which puts the infants at a greater risk of cerebral palsy, developmental delays, respiratory problems and other health issues. Those risks increase with higher numbers of multiples.

So you can imagine that a professionally responsible doctor would be reluctant to transfer eight embryos to a woman’s womb after considering these risks. A doctor’s professional obligation is first to “do no harm,” which in the fertility community seems to translate into a more cautious approach to IVF transfer.  In fact, the accepted range of embryo transfer seems to hover between two and four per IVF cycle.

It is still unknown exactly how many embryos the woman received; nor is it known where her procedure was performed. Her doctor has yet to speak publicly on the issue. What is known, however, is that despite being born nearly nine weeks early, the woman’s octuplets seem to be doing well.

See also: What is Cerebral Palsy

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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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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 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

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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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