California-based Botox maker Allergan has appealed a $6.75 million verdict in a case filed by a couple who claims Botox treatment caused their son to suffer from seizures, the Burlington Free Press reported on June 9.
The drug maker has filed their appeal to the 2nd U.S. Circuit Court of Appeals several weeks after a judge in Vermont backed the jury’s decision to award the damages. Lori and Kevin Drake said their son had no history of seizures prior to Botox treatments, which were recommended by a Burlington doctor in 2010 and 2012 to treat their son’s cerebral palsy leg spasms. The couple claims the drug company failed to fully orient the doctor about the Botox treatment’s health risks.
The couple added that the treatment was off-label, as the U.S. Food and Drug Administration has never approved Botox for treatment of muscle spasm in kids.
Errors in cerebral palsy treatment may aggravate your loved one’s medical condition, and may even cause serious, even life-threatening medical complications. If you believe your loved one’s condition was caused by medical negligence, our legal team at the Driscoll Firm might be able to help you file a lawsuit against the party involved. Call us at (800) 900-7704 to learn more about your legal options.
Since there are so many factors that will affect the amount of time it will take to resolve each case, there is no good way to approximate how long your case might take without knowing more details. In some cases, it may be possible to reach a satisfactory settlement relatively early on in the process. In other cases, it may be necessary to take a case to trial, which requires substantially more time to work through. In any case, an experienced attorney will be able to prepare you for what lies ahead as you pursue compensation for your child’s pain and suffering.
If your child was born with cerebral palsy or another birth defect as the result of medical malpractice, you should speak with one of the birth injury attorneys with the Driscoll Firm about what to expect during the claims process. To discuss your claim with one of our attorneys, please call our offices at (800) 900-7704 today.
Classifying the type and severity of cerebral palsy (CP) is important to providing the patient the best quality of life possible for his or her condition. For parents, CP categories enable them to understand the medical needs of their child, while school administrators are able to comprehensively grasp the child’s learning abilities.
There are a variety of ways that CP is grouped. Here are a few of them:
- Severity – A child’s CP can be categorized into mild, moderate, severe, or no CP (CP was acquired after the brain’s development was completed, therefore is instead classified under the circumstances that caused it- such as traumatic brain injury)
- Topographical distribution – CP is grouped based on the affected areas of the body. Paraplegia, for instance, is a type of cerebral palsy that affects both legs
- Motor function – CP is categorized based on how the condition affects the body’s motor function
If you believe your child’s CP has resulted from medical malpractice, the legal team at the Driscoll Firm might be able to help you seek the compensation your family needs. Call us at (800) 900-7704 for a free assessment of your case.
Marlana VanHoose was born blind and with Cytomeglo virus which caused her to develop cerebral palsy. Cytomeglo virus is known to be a directly caused by a number of prenatal and the birth defects inhibited her health severely, giving her only a few years to live. Fortunately, she is now a healthy 19-year-old that has taken her disabilities and let them strengthen her.
The teen became a star overnight as she travels from place to place performing at sporting events and presidential nominations. Earlier this year, the teen sang the “Star Spangled Banner” at the announcement of Rand Paul’s presidential campaign. Marlana recently sang at the opening of the 2015 NBA final against the Golden State Warriors and Cleveland Cavaliers.
After she recovered from the worst of her illnesses, Marlana turned to music. She was teaching herself the piano by the time she was two. She is now a member of the Artist Music Guild, winning the 2012 recipient for New Artist of the Year and Young Artist of the Year. The Kentucky native is an active member of her church and still sings at religious and sporting events across the nation.
The young singer is drawing attention and awareness to cerebral palsy. However, her story is unlike many of the children born with the debilitating condition. For most of the children born with cerebral palsy due to the negligent and dangerous medical practices of physicians, their lives are significantly shortened and made difficult. At the Driscoll Firm, we believe that these medical professionals should be held accountable for their actions. If your child was born with birth defects caused by negligent medical staff, please call (800) 900-7704 today.
Anticonvulsants such as topiramate are sometimes prescribed to cerebral palsy patients suffering from seizures. A recent study published in Pediatrics stated that the anticonvulsant topiramate may trigger or aggravate an eating disorder among patients using it, including those with cerebral palsy, according to a report published in Medscape.
The study recorded seven girls aged 13 to 18 who had developed eating disorders or had their eating disorder worsen after taking topiramate. Researchers believe that because of the drug’s appetite-suppressant effects, physicians and parents should be aware of the risk of weight loss when taking the drug.
Cerebral palsy is a lifelong condition that varies in severity and can be treated in many different ways, including prescription drugs and physical therapy. The effectiveness of drugs will be a consistent concern as you raise your child with cerebral palsy, but you should not be held responsible for the costs of this medical treatment. The negligent doctor or medical facility that contributed to your child’s birth injury may be held financially accountable for any current and future treatment for your child.
Learn more about taking action for the funds your child needs by calling the Driscoll Firm at (800) 900-7704 today.
A Chicago couple is suing a Puerto Rico hospital for the severe birth defects and untimely death of their daughter, according to Injury Lawyer News on May 20.
Their child was born with cerebral palsy, among a number of other defects, allegedly due to the poor medical care received during birth.
The mother was sent to the hospital on July 3, 2013 due to high blood pressure, the first time this was recorded during her prenatal check-ups. At 10:40 p.m. she was induced, given Cytotec, and told she needed constant monitoring by medical staff. She reported not being monitored until 1:00 a.m. and was again left for several hours after that.
Between 6:00 a.m. and 7:00 a.m., the fetus showed signs of distress with uterine hyperstimulation and tachysytole. The Cesarean section was administered at 2:00 p.m. that day, although medical standards of protocol dictate this measure should have been taken long before.
The baby was transferred to a hospital in San Juan later that night without proper care. There was strong evidence of severe neurological problems at this point. She was released from the hospital on January 2, 2014 and placed in a home monitor. The baby passed away on August 11, 2014 from septic shock, respiratory failure, and hypoxia related to birth injuries.
Medical negligence during delivery is a common cause of cerebral palsy in infants. At the Driscoll Firm, we believe that medical professionals should be held accountable for the injuries they cause their patients. To learn more about how our cerebral palsy and birth injury attorneys can help you, please call (800) 900-7704 today.
A birth is considered full-term if it occurred between 37 and 42 weeks of gestation. If a baby is born before the beginning of the 37th week of pregnancy, he or she is considered a premature baby. Because premature babies didn’t have enough time to mature inside the mother’s womb, they are vulnerable to different health conditions, some of them life-long, such as cerebral palsy.
According to the Centers for Disease Control and Prevention, children born before the start of 32nd week of pregnancy are at the highest risk of developing cerebral palsy. Some experts believe preterm babies are at highest risk of periventricular leukomalacia (PVL), a type of brain damage involving the brain’s white matter, or the area of the brain that transports nerve impulses to the other areas of the brain. PVL is considered a major factor in the development of cerebral palsy.
Apart from pre-term birth, babies can also be at risk of cerebral palsy due to medical malpractice. Failure to conduct a C-section when necessary or a negligently performed delivery may all increase the risk of CP among babies. To learn more about taking legal action against the negligent medical practitioner involved, speak with our team at the Driscoll Firm by calling (800) 900-7704 today.
Although many cases of cerebral palsy are caused by the negligent actions of a medical practitioner, there is also the possibility that a child will develop cerebral palsy due to an non-medical accident early in life. However, just as it is possible to seek compensation through a suit filed against a medical professional, those who have a loved one suffering from cerebral palsy are also eligible to file a suit against any negligent parties who may be responsible.
When a child’s brain suffers from lack of oxygen or trauma, they may be at risk for developing cerebral palsy. The most common accidents that impose a risk for cerebral palsy include the following:
- Blunt head trauma
- Near drowning
- Asphyxiation
- Car accidents
- Abuse
Regardless of the circumstances surrounding your child’s accident, if someone else is to blame, a talented lawyer of Driscoll Firm can help you hold them accountable. For more information on pursuing legal action against non-medical causes of cerebral palsy, please call our offices at (800) 900-7704 today.
Some children with severe cases of cerebral palsy need to undergo surgery to relieve painful muscle spasms, reduce the risk of injury, and improve range of motion. Surgical procedures are primarily done to improve a patient’s safety and promote a higher quality of life. But, when done negligently, surgeries may further aggravate the patient’s medical condition and, tragically, may sometimes even result in death.
Unfortunately, unjustifiable medical errors are not rare. In the U.S., mistakes you make think are impossible to make in surgery happen regularly. This could mean that medical items are left behind in a patient’s body, or the surgeon may even perform the wrong procedure.
If you believe your child’s condition has been aggravated because of negligent medical care, or if medical malpractice has caused your child to develop cerebral palsy, consider taking legal action by consulting with our attorneys at the Driscoll Firm. You may call us at (800) 900-7704 for a free case assessment today.
Botox maker Allergan is facing a federal lawsuit after the parents of a Vermont woman who died last year sued the company, alleging that the Botox treatment caused their daughter’s death, the Star Tribune reported on April 14.
Parents of Mandy Fortuna, 21, accused the Botox manufacturer of the failure to warn about the product’s danger. According to the lawsuit, Mandy started receiving Botox treatments in 2007, aggravating her health condition. On September 25, 2014, Mandy was found dead as her father tried to wake her up for school.
Mandy’s parents learned about the Botox’s risk after reading about a similar case against Allergan. In that lawsuit, a jury awarded $6.75 million to the family of a seven-year-old child who developed epilepsy after undergoing the same treatment by the same doctor.
Allergan, on the other hand, refused to comment on the issue.
Cerebral palsy treatments are supposed to relieve CP symptoms and promote a better quality of life. Unfortunately, defective CP treatments can tremendously damage a person’s health. If you believe your child’s CP has resulted from another party’s negligence, or if you believe your child’s CP has been aggravated due to medical negligence, a lawyer at the Driscoll Firm may look into your situation to see if it entitles you to file a claim. Call us at (800) 900-7704 today to begin taking action.
