Nov 18, 2008

In Pennsylvania, Jury Awards $20.5 Million for Cerebral Palsy Birth

A Lackawanna County jury deliberated Monday for about four hours before deciding that a physician and Community Medical Center were negligent in their treatment of a woman, who gave birth to a baby boy who received sustaining injuries during birth. The boy has cerebral palsy and no use of his hands, is blind and mentally retarded.

According the Times Tribune report,
"The parents will receive $2 million of the award for health care expenses and related costs. The child, now 7, was awarded $18.5 million, which he would receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses."
Additionally, the report states that the
amount of the award "dwarfs any in recent history by juries in Northeast Pennsylvania."

To read the full article, click on cerebral palsy verdict.

Oct 28, 2008

Family Receives $11.4 for Son's Cerebral Palsy in Wisconsin

WISCONSIN — According to the LaCrosse Tribune, a Crawford County jury has awarded approx. $11.4 million to the family of a boy who suffered brain injuries during his birth. He now suffers from cerebral palsy and requires constant care. The article, Family receives $11.4 million in medical malpractice lawsuit, states the outcome of the case as follows:
" The jury awarded the Jelineks $310,369 for past medical and health care expenses; $5 million for future care; $387,000 for Laine’s loss of earning capacity; $3.25 million for Laine’s past and future pain, suffering and disability; and $2.5 million for the parents’ loss of society and companionship."
For more information read the full article at: Wisconsin Malpractice $11.4.

Oct 21, 2008

Market Turmoil Impacts Virginia Birth Injury Fund

The Richmond Times Dispatch reports that the recent market turmoil has resulted in a $35 million drop in value of the state's Birth-related Neurological Injury Compensation Fund, which has gone from $186 million to $166.5 million according to the article as of Wednesday last week.

"The Richmond-based birth-injury program provides lifetime medical payments to eligible children who can be shown to have suffered oxygen loss at birth and are left with severe lifelong injuries, in most cases cerebral palsy."

"The program was envisioned as an alternative to medical malpractice suits against obstetricians and hospitals involved in the births of disabled children."

The drop in value is on top of a long-term projected shortfall. To read more, click on this link: Birth injury fund.

Oct 10, 2008

Seattle: Jury Awards $4.25 Million in Cerebral Palsy Lawsuit

Seattle, WA — The Seattle Times writes of a medical malpractice trial where the jury awarded $4.25 million to the family of a girl whose birth injuries include brain damage and cerebral palsy.
"Evergreen Hospital must pay the family of a Maple Valley girl about $4.25 million after the hospital's negligence during her delivery caused cerebral palsy and severe brain damage, a King County Superior Court jury ruled Thursday."
See the full article: $4.25M awarded to family of girl with brain damage.

Seattle's KOMO News carries this report on the same trial... Jury: Hospital to blame for girl's brain damage

Sep 23, 2008

Special Needs Trusts Explained

From the St. Louis Post Dispatch, is an article by Jerri Stroud that explains the ins and outs of the "special needs trust," which helps provide for special needs children in the event that something happens to the parent or guardian.

Some highlights of the article, Special needs trusts helps provide for disabled children, includes:
  • Can allow a disabled person to continue receiving government benefits while benefitting from an inheritance or proceeds from a lawsuit.
  • Provides money to cover needs other than health care, education or maintenance of support for the disabled person.
  • Can be set up to take effect upon the death of a parent.
  • Can be funded with insurance, inherited money or gifts made by a living donor.
For more information, see the entire article on

Aug 22, 2008

California: Cerebral Palsy Settlement for 2 1/2 Year Old Boy Establishes $4 Million Annuity That Will Pay $15,000/mo.

The Visalia Times Delta reports that Sierra View District Hospital in Porterville, CA, has agreed to pay $4 million to a 2 1/2-year-old boy in a malpractice-case settlement, attorneys for both sides said Wednesday.
The $4 million would be used to purchase an annuity that would pay the boy $15,000 per month to start, said Dr. Bruce Fagel, a physician-attorney who regularly represents families of children injured at birth. That sum would rise 3 percent a year, paying the boy $45 million "over his life expectancy...."
For more details on the birth injury and settement, see the full article here. See another report in the Fresno Bee.

Aug 1, 2008

Cooling Blanket Reduces Brain Damage at Birth (Neonatal Therapeutic Hypothermia)

Medical News Today reports on neonatal therapeutic hypothermia protocol at Children's Hospital in Boston in press release from Cincinnati Sub-Zero: Minimizing Neurological Damage From Infant At-Birth Trauma With Moderate Whole-Body Cooling - Children's Hospital Boston.
Approximately one in every 1,000 babies suffers from hypoxic-ischemic encephalopathy (HIE), a loss of oxygen at birth. Clinical studies indicate therapeutic hypothermia, including whole-body cooling begun within six hours after birth, reduces brain injury associated with the hypoxic- ischemic exposure, minimizing or avoiding consequences that might otherwise include cerebral palsy or severe cognitive and visual impairments. Depending on the severity of hypoxia-ischemia, up to 50% of babies may sustain neurological damage or death without the therapy.

Following nationwide trials involving 500 infants, the American Academy of Pediatrics (AAP) concluded in 2005 that not using therapeutic hypothermia for treating HIE resulted in greater neurological damage. Physicians at Children's Hospital Boston instituted a protocol beginning in July 2007. Using the CSZ Blanketrol® II Hypo-Hyperthermia System with CSZ cooling/warming blankets, physicians cool an infant's F) for 72 hours before rewarming to normal body temperature.
WCVB-TV Channel 5 in Boston recently broadcast a story about the successful use of the technique in a series called Miracle of Mia. The videos document the story of Mia Ordway, newborn daughter Glenn Ordway, "one of only 11 babies to have used the cooling blanket since Children's Hospital got it last summer. Now 4 months old, she's thriving." See the video here.

May 24, 2008

Brain Damage Lawsuit Settled for $15.35M in Illinois

Chicago Tribune reports on May 20, 2008:
"AURORA, Ill. - An Aurora mother has settled a malpractice lawsuit for $15.35 million with a hospital and doctor after her son suffered brain damage at birth six years ago."
Read full article here: Aurora mother settles malpractice lawsuit for $15.35...

Cerebral Palsy Lawsuits No Slam Dunk

This week in Tennessee, The Daily News Journal reported on a medical negligence civil lawsuit where after 24 days of trial, 37 witnesses, a Jury finds no medical negligence in a $40 million lawsuit filed for child who suffers from severe brain damage, cerebral palsy, developmental delay and seizures.
"We are gratified of the jury's decision," said C.J. Gideon, lead attorney who represented Ellington and Murfreesboro Medical Clinic. "It was clearly the right decision. The proof was overwhelming that Dr. Ellington did precisely what she was supposed to do and that she did not injure this child."
Read news article for more details... Also, another article at The Murfreesboro Post...

May 21, 2008

Birth Damage Brings $22.6 Million in Ohio

A Hamilton County, Ohio jury found a physician and her doctors group negligent in the case of a baby who was stuck in the birth canal for 13 and 1/2 hours during delivery. According to a report in the Cincinnati Enquirer,
"In addition to being a big baby in a small canal, the baby's injuries also were caused because medical workers ... continued to give the mother drugs to make the uterus contract, hoping to expel the baby. The result was a uterus contracting on the baby's stuck head, causing brain damage.
For more details, read the full article here.

May 14, 2008

Hospitals, Experts Collaborate To Eliminate Preventable Birth Injuries

WASHINGTON--(BUSINESS WIRE)--The Premier healthcare alliance today announced a 21-month national collaborative designed to achieve the consistent delivery of evidence-based care with the goal of eliminating preventable birth-related injuries and deaths.

The Premier Perinatal Safety Initiative is comprised of 16 of the country's leading hospitals, representing 12 states, in which approximately 115,000 babies will be delivered over the course of the collaborative. The initiative seeks to significantly lower the incidence of certain infrequent though serious injuries that could result in birth asphyxia, cerebral palsy or permanent neurologic disability.

Infants in the United States experience close to three birth injuries for every 1,000 births, many of which are preventable, and the U.S. ranks near the bottom of industrialized nations in infant mortality, said Congresswoman Shelley Moore Capito, R-W.Va., co-founder and co-chair, Congressional Caucus on Infant Health and Safety. We are hopeful that this study will help identify best practices and help share them across all hospitals so as to reduce harm to infants and mothers.

Read the entire announcement: Leading Hospitals, Healthcare Experts Collaborate to Eliminate Preventable Birth Injuries...

May 11, 2008

Air Force Pays $5M for Childbirth Malpractice

The Air Force has paid a civilian employee $5 million for severe brain damage suffered by his baby during childbirth at the U.S. Naval Hospital in Okinawa, Japan.

Factors in the case: a ruptured uterus depriving baby of oxygen for a prolonged time. The child now suffers from spastic cerebral palsy and blindness and requires a feeding tube. According to Patrick Malone, the family’s attorney, the claim was brought "under the Military Claims Act alleging that a nurse midwife ... was grossly negligent and guilty of malpractice for trying to manage a complex and high-risk delivery without calling in an obstetrician." Full article cite.

May 10, 2008

Illinois: Jury Awards $2.34M for Birth Injury

Lake County, Illinois — A jury awards $2.35 million to a boy injured at birth. According to the Lake County News Sun, the boy suffered "severe nerve damage causing permanent disability while at Vista Medical Center East in 2004." The jury found that the doctor "was responsible for pulling too hard on the boy's head and neck when his shoulder became stuck on the mother's pubic bone." The boy will require physical and occupational therapy for his lifetime. Read entire article: Boy gets $2.35M for birth injury.

May 4, 2008

Cerebral Palsy Settlement Is $1.35M in Virginia

The Associated Press reports that a Virginia couple has settled a lawsuit with the University of Virginia Medical Center for $1.35 million in a case stemming from the September 2001 birth of child who has cerebral palsy and brain damage from being asphyxiated at birth.

Read article here.... - - - (VT Birth injury attorney)

Feb 8, 2008

Cerebral Palsy Lawsuits Top Charts in Massachusetts

In Massachusetts for 2007, the largest verdict of the year is a medical malpractice case involving a delay in C-section apparently leading to the child's cerebral palsy. See this Massachusetts Lawyers Weekly report: Suffolk jury issues largest med-mal verdict of the year.
"In what appears to be the largest reported medical malpractice jury verdict of 2007, the jury found two doctors liable for the child’s condition, but a nurse defendant was found not negligent."
See also: Boston Herald's Doctors must pay $26.5M in baby malpractice case.

The largest medical malpractice verdict in Massachusetts remains a 2005 case also involving a baby's brain damage after a traumatic delivery resulting in cerebral palsy — $40 million.

Cerebral Palsy Law News Blog

Just getting this blog set up to collect news and views on cerebral palsy law news and views as they relate to medical malpractice lawsuits, mainly in United States. More to come...