16-year-old with cerebral palsy banned from flight

David Bysooa, a teenager with mild autism and cerebral palsy, was kicked out of an Air Mauritius flight after a complaint that he was not seated properly. The woman beside Bysooa complained that he was leaning towards her while the aircraft was still on the runway. The crew was unable to find and transfer Bysooa to another seat, and when he got upset, the airline kicked him out of the flight.
Bysooa was supposed to visit his grandparents, and his mother Vidulah said that he had traveled alone before. Mrs. Bysooa accused the airline of discrimination, and she brought the case to the Civil Aviation Authority.
The airline did not give Bysooa a refund for the missed trip and has even banned him from flying the airline. Air Mauritius defends their case and said that David’s presence had made for “a very uncomfortable atmosphere” and that “the decision was not taken lightly”.
Having a condition like cerebral palsy can cause life-long difficulties for those with the condition. While some cases of cerebral palsy result from health complications, but some are caused by someone else’s negligence. If you think someone is responsible for your child’s suffering, contact our lawyers at the Driscoll Firm for your legal representation needs. Call us today at (800) 305-9800.


Hospital Tries to Remove Baby from Life Support

A baby in Vancouver was at risk of additional serious medical problems when the government allegedly attempted to take her off of life support without her parents’ consent in August. The infant faces a number of severe birth injuries, including cerebral palsy; she is quickly recovering, however, and is now capable of breathing without a ventilator.

The parents claim that the Ministry of Children and Family Development tried to remove their daughter from the necessary life support system keeping her alive after birth. The child was born 25 weeks premature at just above one pound in weight. She now weighs 11 pounds and has not required life support for two weeks.

A court case was originally filed against the government for medical negligence. Since the original filing, the lawsuit has been amended to include a custody battle against the ministry which is keeping the child from being removed from the premises. The parents are also petitioning to use alternative methods for caring for their daughter, including the use of cannabis oil to help seizures.

Medical negligence is not uncommon when untrained or incompetent medical staff treat a pregnant woman and her baby. If your child suffered birth injuries or developed cerebral palsy, contact the Driscoll Firm by calling (800) 305-9800 today to speak with an experienced attorney about your legal options.


Man with cerebral palsy wins case against Virgin airlines

David Mulligan, a cerebral palsy sufferer, requested to fly with his assistance dog, Willow, but his request was denied by the management of Virgin Australia. When making this request, Mulligan provided paperwork and accreditations from his doctor and a dog training association to further support his request and demonstrate his need for assistance. Unfortunately, Virgin Airlines denied and then approved his request, only to deny it once again in the end.

This forced Mulligan to take buses and trains in order to visit relatives living a long distance away, which could result in 22 total hours of travel. Eventually, his doctor reported that Mulligan was “no longer able to cope” with such long distance road and rail travel.

As a result, Mulligan brought the case to Federal Circuit Court in 2013. Now, after 5 years, Virgin has been ordered to pay him $10,000 in compensation after an appeal overturned the decisions of another judge who ruled in favor of Virgin.

 


Compromised Innervation

Brachial plexus injury refers to any damage to the brachial plexus, or the bundle of nerves running from the neck to the shoulder. The brachial plexus is responsible for supplying the muscles in the upper extremities with the nervous energy that they need, also known as innervation. When the brachial plexus is damaged, innervation might be compromised.

Individuals who suffer from compromised innervation could find that they suffer from one or more of these complications:

  • Decreased stamina and strength
  • Compromised body movement
  • Uneven growth (i.e., the arm with an injured brachial plexus could be smaller and shorter than the other one)
  • Impaired bone growth

Some cases of severe and life-long brachial plexus injury have been a result of either negligent medical care or incompetent medical staff during a child’s birth. If you think your child’s brachial plexus injury is a result of another party’s recklessness in the delivery room, learn about the possibility of obtaining financial compensation through a lawsuit. Consult with our team at the Driscoll Firm by calling (800) 305-9800 today.


Knowing the complications of Erb’s palsy

Erb’s Palsy is a birth disorder that happens when there is an injury to a network of spinal nerves located between the neck and the arm called the brachial plexus. It can affect all or a portion of the arms, shoulder, and hands, and is characterized by muscle weakness of the upper limbs, sometimes even partial or complete paralysis.

With proper treatment, a majority of Erb’s palsy cases are resolved within three to six months after birth. In fact, 70% to 80% of Erb’s palsy cases resolve in the baby’s first year of life. However, severe Erb’s palsy may cause long-term, sometimes even life-long complications. Complications include:

  • Complete or partial paralysis
  • Muscle atrophy, or the shrinking of muscle tissue due to absent or compromised nerve stimulation. Individuals with severe Erb’s palsy may have an affected arm that is thinner and shorter than the other one
  • Impaired bone growth due to a decreased or absent motion
  • Joint disorders

At the Driscoll Firm, we help families whose children have suffered from Erb’s Palsy due to medical negligence recover damages from the party responsible. Call us at (800) 305-9800 and have your case assessed for free.


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.


What are the most common causes of cerebral palsy?

Since cerebral palsy may be caused by the abnormal development of the brain or by a brain injury that occurs before, during, or immediately after birth, the disorder may potentially be attributed to a diverse range of causes, including the following:

  • Infection
  • Lack of oxygen
  • Premature birth
  • Contusion

Bearing this in mind, cerebral palsy may be directly caused by any medical professional who fails to maintain established standards of safety and procedure at any point during and after the birth of a child.

If you believe that the malpractice of a medical professional caused your child’s cerebral palsy, you should speak with one of the cerebral palsy attorneys at the Driscoll Firm to begin assessing what legal claim you might have to compensation. To speak with a member of our legal team, please call our offices at (800) 305-9800 today.


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