Wisconsin: Malpractice Lawsuit Settles for $6 Million

WISCONSIN — The Juneau County Star Times reports of a medical malpractice case involving birth injuries and cerebral palsy for $6 million.

"A Juneau County Circuit Court judge last week approved a $6 million settlement in a medical malpractice case that had been scheduled for trial this month.

According to court documents, the civil suit filed ... alleged ... severe and permanent injuries as a result of negligence during labor and delivery."

See the news article here: Wisconsin cerebral palsy lawsuit

Ohio Jury Awards $13.9M in Cerebral Palsy Lawsuit

WARREN, OHIO - According to a report on the Tribune Chronicle website, a Trumbull County jury deliberated for about a day and a half before finding a doctor liable for $13.9 million in medical malpractice suit regarding a young girl's birth injuries leading to cerebral palsy. The article reports thtat the suit claimed the "failure to perform a Cesarean section led to Haley's fetus not receiving sufficient oxygen, causing brain injury and ultimately her cerebral palsy."

The award is the biggest malpractice award in the history of Trumbull County, according to Tribune Chronicle files. (The previous high was $8.5 million award for a boy who died of bacterial meningitis.) See the TribToday for the full article here: Cerebral Palsy Verdict.

Illinois: Cerebral Palsy Award is $29 Million

An Illinois judge ruled in favor of claims against federal physicians that negligence during a baby's birth resulted in his permanent brain damage causing spastic quadriplegic with cerebral palsy. Cerebral palsy related claims continue to bring large settlements. According to our source, the Chicago Sun Times article,

"Had the federal government's doctors followed the standard of care and provided the antibiotics to [the mother] or [the infant] at the appropriate times, [he] would have been a normal baby boy," said one of the family's attorneys, David J. Pritchard."

Also according to the Sun Times report:

"Lawyers for the plaintiff brought the case in federal court under the Federal Tort Claims Act. The law lets individuals sue the federal government, but it requires the case be tried by a judge."

Read the full article here.

Florida Firm Achieves $38.75 Million Verdict in Birth Injury Case

Orlando, FL - (March 15, 2010) Morgan & Morgan, a personal injury law firm based in Orlando Florida, achieved a $38,750,000 in a case of medical negligence in a case claiming failure to perform a timely C-section resulting in a birth injury to the infant.

Information provided by the press release: Delayed C-sections, in cases where the standard of care dictates that the operation be performed, are serious acts of medical negligence that can result in irreversible injury to the baby, such as cerebral palsy and serious brain damage.

Cerebral Palsy, like many other birth injuries, are avoidable. If an unborn baby is not receiving enough oxygen, an abnormal heart rate will appear. This is known as “fetal distress,” and should be monitored by the doctor and healthcare professionals who are delivering the baby. This is done during early labor and following each contraction in late labor, by using a fetal stethoscope to check the heart rate approximately every fifteen minutes.

Fetal distress can often be corrected using three possible methods: 1) The mother can be turned on her left side, which may help increase the baby’s heart rate. 2) The amount of intravenous fluids given to the mother can be increased. 3) The mother can be given more oxygen. In the event that all other measures fail to correct the baby’s abnormal heart rate, the doctor must attempt to deliver the baby as quickly as possible. This may be done through cesarean section, the use of forceps, or a vacuum extractor. In the situation that led to this lawsuit, the doctor did not perform the necessary C-section in a timely manner.

Trial To Focus on Botox Use for Treatment of Cerebral Pasly in Children

The Los Angeles Times carries this article: Orange County trial will focus on Botox's safety in children's cerebral palsy treatments, detailing a lawsuit filed against Allergan Inc. maker of Botox for alleged overdose of a girl being treated with the injections.

According to the article,

"Approved in the United States specifically to treat frown lines, crossed eyes and other conditions, Botox yields $1.3 billion in annual sales. But the drug can be legally prescribed at doctors' discretion for a variety of other purposes, including cerebral palsy. It is also specifically approved for cerebral palsy in many other countries. Its use for that condition alone contributed $47 million to Allergan's bottom line in 2007."

To read the full article, click on: Botox and Cerebral Palsy.

Another article can be found on DrugWatch.com, titled: Mother Blames Botox for Daughter’s Death, Manufacturer Faces First Lawsuit.