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

A settlement agreement was reached in a cerebral palsy lawsuit right as the jury was deliberating a verdict after an intense four-week trial. The terms of the settlement are confidential, but medical attorneys for the young boy at the center of the case and his family said that the dispute has been “resolved.”
 

The case involved the birth of Leondo Stanziano, who was born on December 11, 2000 at an Ohio hospital. His mother, Renetha, was considered a high risk VBAC patient. VBAC means vaginal birth after Caesarian, and women who fall into this category are at risk for a ruptured uterus.
 

According to the lawsuit filed by the family, the hospital staff failed to properly monitor Renetha’s labor and caused her uterus to rupture by giving her too much Pitocin (a drug used to induce labor). The complaint stated that the baby went without oxygen for about 18 to 20 minutes after the uterine rupture and this caused him to suffer severe brain damage and cerebral palsy.
 

As a result of his injuries, the boy requires a feeding tube and round-the-clock care, is unable to speak, and will never be able to work. The settlement money will help to provide for his care.

 

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The Agency for Healthcare Research and Quality (AHRQ) recently released new data on the rate of birth injury in the United States and found that overall the numbers are declining. However, there were still almost 158,000 preventable injuries to mothers and their newborns in 2006 (the most recent year data was available).
 

Birth injuries range from minor bruises and scrapes to brain damage, cerebral palsy, Erb’s palsy and other more serious conditions. According to the AHRQ report, birth injuries were highest among:

• infants born in rural areas
• infants born in the Northeast
• Caucasian infants
• Infants covered by Medicaid as opposed to private insurance

Though not all birth injuries are preventable, some are caused by medical negligence on the part of a doctor, nurse, physician assistant or other healthcare professional. To learn more about birth injuries that may be caused by medical negligence, check out the articles on our site entitled What is cerebral palsy? and Erb’s Palsy.

 

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An issue that doesn’t receive a lot of attention in the medical and legal communities (but should) is the treatment of women who are incarcerated while pregnant. Proper care of these women during their pregnancy and delivery is crucial to the health of both the mother and her newborn child. However, an unfortunate reality is that incarcerated moms do not always receive the medical care they need and deserve.

In fact, medical neglect is not uncommon in America’s jails and prisons. And for pregnant women and their babies, the following practices can have dire consequences:

• Shackling during medical appointments, labor and delivery
• Delayed care during a medical emergency
• Delayed transportation to a hospital
• Not responding to patient/inmate complaints

In cases involving fetal distress, for instance, immediate care is necessary to ensure the baby receives adequate oxygen supply. Any delays can result in oxygen deprivation, which can lead to brain damage and conditions like cerebral palsy.

Some states have already enacted legislation for a more humane treatment of pregnant women behind bars, but all states need to make sure that the rights of unborn babies are protected. To learn more about how this issue is treated in your state, you should contact your local representative.

If you were incarcerated during your pregnancy and your baby was diagnosed with cerebral palsy, it may be in your best interest to talk to a medical lawyer about the circumstances surrounding your child’s birth.



 

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Shoulder dystocia refers to a medical complication that occurs when the baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery. When not handled properly, shoulder dystocia can result in serious injuries such as brachial plexus palsy, bone fractures and lacerations, among other things.

While there are a number of risk factors for shoulder dystocia (e.g. maternal diabetes, large birth weight baby, small pelvic bones), the complication can and often does occur without warning. However, a Canadian doctor had developed software that can predict the probability of this complication in women who have reached 37 weeks of pregnancy.

Called the CALM Shoulder Screen, the software system considers such factors as the mother’s height and weight to calculate the risk of shoulder dystocia. Though relatively new, CALM is already being used by obstetricians across the country.

If you’re concerned about your pregnancy, you may want to consider asking your doctor about the risk of complications during delivery and what emergency plans are in place to handle any problems that arise. Some, though not all, birth injuries are preventable with proper planning and care.


 

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The findings of a new study to be presented at the Third International Cerebral Palsy summit this week show that infections in the mother during pregnancy increase the risk of cerebral palsy – in some cases by as much as sixfold.

While cerebral palsy may be caused by medical negligence, most causes of the condition remain unknown. So this research, according to the president of Cerebral Palsy Australia, is significant in that it offers those in the medical community with an “identifiable risk factor.”

The study itself involved the examination of birth records of nearly 500 children born in the 1980s, some of whom developed cerebral palsy and some who did not. It was found that women who had infections of the urinary tract, among others, were more likely to have a child with cerebral palsy.

Another study to be presented at the international summit will focus on another risk factor – in vitro fertilization (IVF), a procedure that may give rise to multiple births and premature labor. Danish researchers found that children born by way of IVF or assisted conception had higher rates of cerebral palsy.


 

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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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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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The United Brachial Plexus Network, Inc. (UBPN) and its Awareness Committee have announced that the 9th annual Brachial Plexus Injury Awareness Week will be celebrated from October 19th through October 26th, 2008.  The goal of the week long activity is to increase general awareness regarding brachial plexus injuries: traumatic injuries that can result in full to partial paralysis of one or both arms.

The brachial plexus is an arrangement of nerve fibres, running from the spine proceeding through the neck, the axilla (armpit region) and into the arm.  Injury to these nerves can result in a paralysis of the arm called Erb's Palsy which is almost always caused during birth. 

The most common cause of Erb's Palsy is dystocia which is an abnormal or difficult childbirth or labor.  The nerve injury  happens when too much force is used in the delivery trying to free a baby that is stuck in the birth canal.   When the baby's shoulder gets stuck behind the mother's pubic bone it is called shoulder dystocia.  However, there are several maneuvers and techniques that can be safely used to free the baby's shoulder thus avoiding damage to the brachial plexus nerves.

If the delivery is not handled correctly, the resulting nerve damage may result in varying degrees of weakness or paralysis of the shoulder, arm and hand.  The amount of paralysis will depend on which nerves in the plexus( network ) are injured.  In some cases the resulting paralysis could be permanent and in others the weakness or paralysis may be minor enough to resolve itself over time. 

This is where we see malpractice cases arise. It is often when communication in the delivery room breaks down, warning signs are missed or people aren't familiar enough with the maneuvers.
 

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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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