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

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

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

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

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

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

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

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

 

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

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

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



 

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

Cerebral Palsy Lawsuit Details

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

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

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

 

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

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

Cerebral Palsy Lawsuit Details

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

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

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

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


 

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

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

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

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

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

Cody’s Ordeal

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

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

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

Cerebral Palsy Lawsuit

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

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

Posted as Part of our Set of Medical Malpractice Law Blogs

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

 

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

 

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

 

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

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

 

Deprived of Oxygen

 

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

 

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

 

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

 

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

 

Hospital Found Negligent

 

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

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

Holly’s Ordeal

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

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

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

Preventable Medical Errors

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

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

 

 

 

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At least it appears to be in the northeast.  This just a blog post announcing a settlement.  Note how the post says that the plaintiff will receive $29 Million over the course of her life.  That is because the present value of the settlement may be $3 Million but that is used to purchase an annuity that will provide $29Million in payments for the rest of her life (or some set time).  I tis not clear exactly when payments will stop or exactly how it is structured.

[A] newborn, was born neurologically damaged at birth.  The child's mother came to the hospital complaining of not feeling the baby and bleeding.  Doctors at the hospital placed her on a monitor but failed to detect any abnormalities with the infant.  The child was born 12 days later and at birth could not breathe.  Tests were performed which revealed that the child had suffered a brain bleed while in utero. The child was transferred to New York Hospital for further treatment. Our client, now 7-years-old, cannot walk or talk and has to be fed through a tube. The child will receive $29 million from the settlement over the course of her life.

www.ronvil.com

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This one was approved by a judge to put an end to the 4 year old case.

Labor proceeded appropriately until several minutes after Radis started pushing and fetal monitor tracings indicated the baby was not tolerating labor.

Physicians and nurses attempted to expedite the delivery by using a vacuum extractor to bring the baby's head down farther, but the vacuum was removed after eight minutes because the doctor believed with one or two more pushes, the baby would be delivered, according to the release. But the baby, Joshua Radis, was not delivered until the fifteenth push, some 31 minutes later on May 16, and by that time, he was brain-damaged and now suffers cerebral palsy.

The brain damage is basically caused by a lack of oxygen during the labor.  When I first started looking at these cases several years ago, I was surprised at how often I would come across a case where the size of the baby was an issue given the size of the mother.  This case settled for $11.5 million.

From WNBC5 Tweet this

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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

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