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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In the early 1980s, Dr. Peter Rosi was criminally prosecuted in Alaska on felony charges of negligent homicide. The case involved the death of a newborn he delivered who had failed to receive the medical attention he needed in a timely manner.

Though acquitted, Rosi was found by the State Medical Board to have shown “professional incompetence” and to have “committed a serious error in judgment.”

He subsequently moved to Illinois, where he would be sued 10 times for medical malpractice. But it seems that Rosi would rather blame parents than himself for mistakes that led to brain damage and death in newborns he delivered.

“Eighty percent of complications in childbirth are psychological. Babies can be killed by a mother’s attitude,” he said in an interview.

It is unfortunate that a medical professional would turn such a tragedy around on the parents, especially a doctor who uses medical techniques that were popular “50 and 100 years ago.”

The truth is that medical negligence in the delivery room is more likely to cause brain damage and death than the mother’s psychological state, if any credence can even be given to his assertion.

In fact, medical malpractice happens all too frequently as many medical lawyers and families can attest. Every year, law firms across the country are winning cases for families of children who have been diagnosed with cerebral palsy, brain damage, and other injuries due to the negligence of a doctor or nurse.

Dr. Rosi argues that “babies die.” Yes, some do. But many babies can live with competent medical care, and everyone is entitled to at least that.

 

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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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Haley Overmeyer has cerebral palsy – a condition her mother alleges was caused by negligent medical care. Her mother, Linda, recently filed a medical malpractice lawsuit against the doctor who delivered Haley and the hospital where she was born in January 2005.

Errors made during a child’s delivery can cause brain damage and, consequently, conditions like cerebral palsy. In Haley’s case, her mother alleges that the cerebral palsy was caused by the doctor’s failure to properly resuscitate, intubate and monitor Haley after her birth.

Lack of sufficient oxygen is one of the main known causes of damage to an infant’s brain. This damage can have devastating consequences, resulting in developmental delays, hearing and vision problems, and cerebral palsy.

Haley suffers from all of these and the lawsuit filed by her mother is seeking compensation for:
 

• Mental anguish
• Pain and suffering
• Loss of enjoyment of life
• Loss of sleep
• Physiological consequences

Memorial Hospital and St. Louis University are both named in the suit in addition to the delivering physician.


 

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