Family Seeking $9 Million in Honolulu Military Hospital Lawsuit

The Whitney family of Virginia is currently involved in litigation with a Hawaii military hospital for the birth injuries their son sustained in 2010. Though the court has approved a $9 million settlement, the family and their legal representative are still preparing for a trial as the settlement is still in need of approval by the Department of Justice.

The case has reached this point of approval once before, only to have the Department of Justice deny the settlement. The terms of the settlement include $5 million cash for immediate expenses and suffering involved with the traumatic birth of the couple’s son as well as $4 million throughout the life of the baby.

The parents of the child born with cerebral palsy include negligent treatment by attending physicians during the birth of their son in their list of complaints. The cited problems include: failing to respond to signs of a uterine rupture, taking an inappropriate amount of time to execute a cesarean section, and failing to consult the obstetrician before birth.

The birth of your child should be a joyful experience. When negligent medical staff cause you and your child injuries during pregnancy or birth, there may be life-long consequences such as your once healthy child developing cerebral palsy.  Contact the birth injury attorneys at the Driscoll Firm if you believe a physician, nurse, or other medical representative was the cause of your child’s health condition. Call (800) 305-9800 today for more information on how our legal team can help you.


Associative conditions of cerebral palsy

Cerebral palsy is caused from injuries to the brain or brain malformation during fetal development. The neurological condition impairs motor functions. Unlike other brain damage, cerebral palsy does not progress over time. However, cerebral palsy often comes with associative conditions that can worsen the original impairments by further limiting body functions.

The following list includes the most common categories of cerebral palsy conditions:

  • Primary condition: direct result of cerebral palsy, such as poor motor control and muscle tone
  • Secondary condition: result of primary conditions, such as inability to chew and breathing difficulties
  • Associative conditions: conditions not caused by the brain injury, such as hearing impairment
  • Co-mitigating factors: completely unassociated health conditions

Cerebral palsy is unique in each child. The existence of several associative conditions may worsen the primary effects of the disease, making it more difficult to live with the impairments. Without proper care, cerebral palsy can form new associative conditions that require additional medical expenses and treatment.

Living with cerebral palsy can be expensive, painful, and frustrating. If your loved one was diagnosed with cerebral palsy due to a birth injury, contact the Driscoll Firm. Our experienced medical malpractice attorneys may help you and your family pursue compensation for the pain and suffering and expenses that resulted from negligent medical staff who may have contributed to your child’s cerebral palsy. Call us today at (800) 305-9800 for more information.


Study outlines correlation between cerebral palsy and genetics

A Canadian study revealed that genetics could play a role in the development of some cases of cerebral palsy (CP), according to a report by Medical Daily on August 3.

The research, which was conducted by Sick Kids Hospital in Canada and the Research Institute of the McGill University Health Center, involved the study of 115 children diagnosed with CP. Researchers found that 10% of children with the condition have copy number variations (CNVs), which are alterations in the structures within DNA found in less than one percent of the population.

The study calls for genomic examinations to be integrated in the practice of diagnosing CP.

The most common cause of CP is birth asphyxia, which results from the child’s deprivation of oxygen during birth. Unfortunately, birth asphyxia can occur due to poor medical practices or inexperienced medical staff. If negligence is the cause of your child’s cerebral palsy, do not delay seeking justice and compensation. The team at the Driscoll Firm may be able to help you file a case against the parties responsible. Call us at (800) 305-9800 today, and tell us more about your situation.


Erb’s Palsy lawsuit filed against federal hospital

Parents of a child born with Erb’s Palsy filed a lawsuit naming the United States of America as the culprit behind the medical negligence that led to their son’s birth injuries. The lawsuit is seeking $12 million in damages after the federally-managed Family Health Centers of Southwest Florida, Inc. committed negligence during the mother’s pregnancy and delivery.

The mother of the child was diagnosed with Type II diabetes at the age of 11 and was at a heightened risk of gestational diabetes due to her small stature and above average weight gain during pregnancy. Labor was induced at 38 weeks when she weighed 200 pounds at 4’8’’ tall.

The delivery of the baby showed the possibility of severe metabolic acidosis caused by lack of oxygen during delivery. The baby weighed 9 pounds 4 ounces after birth in comparison to the 7 pounds 12 ounces the pre-birth sonogram showed.

The child was in a NICU center for 26 days, frequently experiencing seizures among other health issues. The plaintiffs claim that the medical staff was not following the standard protocol during birth. This situation may have been avoided through a C-section rather than vaginal delivery.

The parents are seeking $10 million in damages for the ongoing medical treatment of their son and $2 million for the pain and suffering that the family is experiencing.

It is devastating when your child is injured due to poorly trained or negligent medical staff. If your baby was born with cerebral or Erb’s palsy, contact the birth injury attorneys at the Driscoll Firm. Our compassionate and experienced attorneys are prepared to find compensation for the damages you sustained. Call (800) 305-9800 today for more information about how we can help you.


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