Michigan Personal Injury Blog - Cerebral Palsy

Medical Malpractice Suits From Botched Deliveries Help Families Deal With Lifelong Medical Costs

David Mittleman — Tue, 24 Nov 2009 14:48:39 GMT

When Misty Tipton's son, Tyler Tipton, suffered a brain injury due to the medical malpractice of hospital staff during his birth, she had no ability to predict how far reaching the effects of his injuries would be. Tyler's birth was induced and nurse midwives used suction to extract him when the doctor who was paged to deliver Tyler never showed up. The delivery was done without physician supervision, which means that Tyler now must live every day of his life with intense supervision at a staggering cost.

Medical Malpractice claims across the country, such as this one for the traumatic birth, face greater uphill battles thanks to "tort reform" legislation introduced in many states. Yet the reality is that parents like Misty Tipton are the ones left with the overwhelming expense, both financially and emotionally, with having to raise their children whom have been permanently disabled with cerebral palsy or some other condition.

As Misty explains, Tyler needs constant supervision, even requiring one parent to sleep in his room every night due to seizures, and he is incapable of speaking. At the settlement proceedings, one of the defense attorneys had to leave for her child's dance recital. Misty remarked that Tyler will never get to do that due to medical negligence. Fortunately for her and her family, at the very least they were able to receive a settlement put into a trust account that would help to pay for Tyler's continuous medical expenses.

Originally posted at InjuryBoard by David Mittleman

Infant Brain Injuries and Cerebral Palsy

David Mittleman — Mon, 02 Nov 2009 09:07:58 GMT

Every expectant parent will tell you that nothing is more important than having a healthy baby. Sadly, circumstances sometimes conspire to prevent this from happening. Injuries can occur before, during, and after birth that cause life-long impairments. One such tragic condition is cerebral palsy.

Cerebral palsy is a disorder affecting the central nervous system of newborns and infants. It involves damage to the cerebrum, a part of the brain largely responsible for motor function. One of the most common symptoms of cerebral palsy is spasticity, or an increase in muscle tone and contraction that interferes with movement. The affected body parts can range from a single limb to the entire body. Other symptoms of cerebral palsy include seizures, hearing and vision deficits, learning disabilities, lack of muscle coordination, flacid muscle tone, and pain, among others. These symptoms typically manifest by age two, and in the worst cases within three months of birth.

Cerebral palsy is caused by an injury to the brain either before, during, or after delivery. In many cases, the exact cause is unknown. However, birth-trauma induced cerebral palsy can be identified and prevented. Adequate prenatal care may also help reduce the risk of cerebral palsy. Unfortunately, there is no cure for this disorder and victims face a lifetime of impairment and limitation. Certain treatments such as physical and occupational therapy may help some patients live nearly normal lives.

If you notice signs of cerebral palsy developing in your newborn, contact your doctor right away. If you suspect that an injury may have occurred during or shortly after the delivery process, there may be a connection to your child's condition.

Originally posted at InjuryBoard by David Mittleman

EEOC Files Suit Against Target

David Mittleman — Thu, 27 Aug 2009 10:00:00 GMT

The U.S. Equal Employment Opportunity Commission filed a lawsuit on Monday in U.S. District Court in Los Angeles against Target Stores. The EEOC alleges that the Target store where 29-year-old Jeremy Schott worked failed to make reasonable accommodations for his cerebral palsy.

According to the lawsuit, the Target store in Orange County reduced Schott’s hours because of his disability, because he struggled to communicate. Furthermore, the store forced him to attend meetings on work issues and job performance without a job coach or another aid to help him communicate, even though both his job coach and parents requested to attend.

According to EEOC attorney Anna Park, Target was aware of Schott’s disabilities when he was hired. Park also stated that Schott was qualified and motivated to work, but that Target failed to provide him with equal opportunities to succeed in the workplace. The EEOC attempted to settle the suit out of court with Target, but the retailer refused. Target has declined to comment on the case thus far.

Originally posted at InjuryBoard by David Mittleman

Special Needs Children Pay When Insurance Companies Don’t

David Mittleman — Tue, 30 Jun 2009 14:29:44 GMT

Last week I posted an article about Blue Cross Blue Shield and its agreement to pay families of autistic children a total of $1 million for behavioral therapy coverage. Although this settlement is a step in the right direction, health plans have a long way to go before children with special needs receive fair treatment.

Developmental problems are pervasive in their nature. They affect nearly every aspect of a child’s life. Some disorders, such as birth-trauma induced cerebral palsy, impact both the mental and the physical development of the child. As a result, these children often require specialized equipment, supplies, services, or devices able-bodied children do not need.

Unfortunately, health plans and insurance companies characterize such special requirements as not "medically necessary" - almost always at the plan administrator’s sole discretion - and deny these benefits. As a result, many families are forced to pay expenses out of pocket or to make the unsettling choice of forcing their child to do without the needed benefit. Compounding the insult is the fact that the law makes it exceedingly difficult to reverse the decision of the plan administrator.

One glaring example of the anti-consumer state of the law is the Employee Retirement Income Security Act (ERISA). Originally designed as a measure to protect workers and ensure they would receive the promised benefits of their employment, a series of court decisions over the past two decades gave plan administrators tremendous authority to deny claims. Only very recently have some Courts begun ruling in favor of individuals instead of corporations.

The time period in which to challenge an adverse decision is usually very limited. If your health plan has denied a claim you believe you are entitled to, contact us to see if we can help.

Originally posted at InjuryBoard by David Mittleman

Botox Side Effects Lead to Heightened Warnings

David Mittleman — Mon, 11 May 2009 11:03:44 GMT

Botox, the well-known injectable drug used for cosmetic purposes and some muscle spasms, has come under fire for inadequate warnings about off-label uses. The drug, which utilizes a toxin known as botulinium toxin type-A, is approved by the US Food and Drug Administration (FDA) for removal of facial wrinkles, relief of excessive sweating, and treatment for cervical dystonia and other facial muscle spasms.

The drug works by paralyzing the targeted muscles or nerves. Results can be expected to last three to four months.

The toxin, which is essentially the same bacterium that causes botulism, can have dangerous side effects if not properly used. If the toxin spreads throughout the body, the patient can suffer from muscle weakness, difficultly breathing, blurry vision, loss of bladder control, and even death. Of particular concern is the use of Botox to control muscle spasticity in children, including those with cerebral palsy. The FDA has not approved the use of Botox for that purpose, and some injuries has been reported as a result of this off-label use.

Originally posted at InjuryBoard by David Mittleman

Lackawanna County Family Wins $20.5 Million in Medical Malpractice Case

David Mittleman — Sun, 23 Nov 2008 08:41:00 GMT

Earlier this week, a jury in Lackawanna County, Pennsylvania awarded $20.5 million to the family of a boy that suffers from lasting medical problems caused by mistakes made at his birth. The day the baby was born, the mother contacted her doctor because she believed there may be something wrong with her unborn child. The doctor, who was not her primary obstetrician, told her to go to the medical center. There were indications that the unborn baby was in distress after she was hooked up to a fetal monitoring systemat the medical center. The nurses immediately called the obstetrician who gave the mother advice, but he failed to show up until 2 hours later. In the meantime, the unborn baby received very little oxygen. The situation was further aggravated by the doctor’s decision to attempt to induce labor. By the time the baby boy was delivered by Cesarean-section, which was about 4 hours later, irreparable damage had been done.

In addition to cerebral palsy, a neurological disorder that affects a person’s ability to move and maintain balance and posture, the child has no use of his hands, is almost completely blind and is mentally retarded. The baby boy, Cody, is now 7 years old and functions at the level of a 6- to 9-month-old, and will require 24-hour care for the rest of his life.

The jury, after 4 hours of deliberation, decided to assign 60% of the negligence to the physician, and 40% of the negligence to the hospital. The parents will receive $2 million for health care expenses and related costs, while Cody was awarded $18.5 million, which he will receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses. The award is the largest medical malpractice jury verdict recent history.

Originally posted at InjuryBoard by David Mittleman

Birth Trauma Case--Jury Returns $11.4 Million Verdict

David Mittleman — Wed, 29 Oct 2008 10:38:35 GMT

In Crawford County, Wisconsin, a jury awarded the parents of a brain-damaged boy $11.4 million for his injuries. The suit was filed over the negligent care by a nurse and nurse midwife at Gunderson Lutheran Medical Center in La Crosse. The medical malpractice happened during the birth of the boy and resulted in injuries to his brain. The attorney for the family said that, "the money is barely compensation, but should improve their life."

Birth injuries are more common than many people may realize. Children all-to-often suffer birth injuries including: cerebral palsy, Erb’s palsy, and shoulder dystocia . If you believe that your child has suffered an injury during delivery, let our experienced staff review the medical records for you.

Originally posted at InjuryBoard by David Mittleman

Birth Trauma Induced Cerebral Palsy is Often Avoidable

David Mittleman — Tue, 30 Sep 2008 08:58:50 GMT

Cerebralpalsy is a tragic and permanent condition that afflicts infants and very young children. The symptoms of this condition can range from simple lack of fine muscle coordination to an inability to maintain balance or walk. Cerebralpalsy is often accompanied by other medical complications, including seizures and developmental delays. While there is no cure for cerebral palsy, many treatment options are available to help patients and their families cope with the disorder.

Cerebralpalsy can be caused by a number of different events, some of which may occur before birth, during birth, or after birth. In some cases, cerebral palsy may result from a combination of events occurring at all three stages of the birth process. Unfortunately, one common and often preventable cause is birth trauma (sometimes called birth injury)caused by a medical professional.

Birth trauma induced cerebral palsy has resulted in a fair amount of litigation. In some cases, a clear error by the delivering doctor has resulted in serious injury to the newborn child. When these cases go to trial, juries have been known to return favorable verdicts. Each individual case is different, and the outcome will be dependent upon the specific facts at hand.

Fortunately, advances in treatment hold promise for people suffering from cerebral palsy. However, negligent doctors must still be held accountable for their errors. The patients and families who suffer through these avoidable injuries deserve to be compensated for their loss.

Originally posted at InjuryBoard by David Mittleman

Birth Trauma Results In $22.6 Million Jury Award

David Mittleman — Wed, 21 May 2008 11:30:49 GMT

After five (5) weeks of testimony and nearly four (4) days of deliberations, a jury in Ohio awarded Heather Grow's family $22.6 million for brain injuries related to the birth of her daughter Cassie. Heather was told months prior to delivery she had a narrow pelvic arch, which is known to cause difficulty during birth. A problem arose when, two weeks prior to delivery, Heather's doctors realized Cassie was too big to deliver vaginally. This did not, however, change Heather's doctors' approach to delivering Cassie.

During delivery, Cassie became stuck for hours but her doctors continued to give Heather drugs to keep her uterus contracting. This caused Cassie's head to be repeatedly pushed against Heather's pelvic arch, causing serious brain damage. All in all, Heather was in labor for thirteen and a half (13 ½) hours before doctors decided to perform a Caesarian section to deliver Cassie.

Cassie, now eleven (11), is now a spastic quadriplegic with limited use of her arms and legs. This is a form of cerebral palsy.

She can walk short distances but needs a walker. She can see but because the part of her brain that processes vision was damaged, her brain can't properly interpret what her eyes see. She has problems using her hands, and she is mildly retarded.

The majority of the jury's award was for Cassie's future medical care and her lost earnings due to her disability.

Originally posted at InjuryBoard by David Mittleman