Toddler with cerebral palsy denied medical care by 600 physicians

An Oklahoma toddler with cerebral palsy is being denied medical treatment from hundreds of doctors, leaving him with little to no options for care in his state.  After it was discovered that his parents are suing the doctor responsible for problems during his birth, the OU Physicians group, which has 600 doctors across Oklahoma, sent his parents a letter stating that he can no longer be treated by physicians within this network.


Henry Hale was diagnosed with cerebral palsy at the age of one. He is now three years old and his parents have been seeking legal damages for complications during birth for over a year. The family claims the physician that delivered their son did not provide the mother with the proper standard of care during labor and delivery. The Hales have filed a restraining order against OU Physicians and are seeking other medical specialists to treat their son. Unfortunately, it has been difficult to find treatment otherwise because most physicians in Oklahoma work under OU Physicians. Emergency medical care would not be denied to the family, however.

Mistreatment by medical professionals is an unacceptable event. If you believe that your child suffered birth injuries that led to his or her diagnosis of cerebral palsy, please contact the attorneys at the Driscoll Firm. Our experienced staff is prepared to defend your right to compensation for the pain and suffering your family experienced at the hands of your attending physician. For more information, call (800) 900-7704 today.

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) 900-7704 today for more information on how our legal team can help you.

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) 900-7704 today for more information about how we can help you.

Umbilical cord milking decreases the risk of cerebral palsy – study

A recent study suggests umbilical cord milking reduces the risk of brain injuries, including cerebral palsy, among pre-term babies delivered by C-section, Medical Daily reported on June 30.

The research, which involved 197 infants delivered either vaginally or by C-section before the 32nd week of pregnancy, aimed to compare the benefits between umbilical cord milking, or the process of squeezing placental blood down the umbilical cord and into the baby, and delayed clamping, or delayed cutting of the cord for 30 to 60 seconds.

The results revealed milking was more effective in increasing the flow of blood, improving blood pressure and boosting hemoglobin count among pre-term C-section babies. However, no significant difference was observed among preterm babies delivered naturally.

Some cases of cerebral palsy have been found to be a result of negligent medical care. If your child has developed this life-long condition due to a reckless doctor or untrained medical staff, our legal team at the Driscoll Firm is here to help you. Call us at (800) 900-7704 and have your case assessed for free.

Mother sues University of Chicago Medical Center for malpractice

A woman is claiming that the University of Chicago Medical Center is responsible for her child developing cerebral palsy as a fetus due to medical malpractice. She filed the complaint on June 29 in the Cook County Circuit Court.

Latoya Blanchard first visited the hospital when she was seven weeks pregnant. She informed the doctor at the Maternal Fetal Medicine and Genetics Department of the University of Chicago Medical Center that her previous pregnancy had ended in fetal death at 22 weeks.

Blanchard returned at 20 weeks gestation for her first fetal ultrasound. The monitor showed a fetal heart rate of 143 and the mother’s cervix was dilated to 48 millimeters. A month later, Blanchard returned again 6 centimeters dilated and complaining of back pain. An ultrasound revealed a footling breach for which she was given antibiotics, betamethasone, and magnesium.

A few days later, the baby was born at 1 lb. 4 oz. He sustained a grade four ventricular hemorrhage and neonatal seizures which are known for causing developmental delays and cerebral palsy. The lawsuit claims that the medical staff was negligent as it failed to administer progesterone to the mother and failed to offer the mother cervical cerclage to prevent a pre-term delivery.

If your child was born with cerebral palsy or developed the condition due to negligent medical professionals, contact the Driscoll Firm today. Our skilled birth injury attorneys want to find you the compensation and peace of mind that you and your family need. Our cerebral palsy lawyers want to hear from you. Call us today at (800) 305-9800 for more information about how we can help you.

Jury awards $38M in damages in Depakote case

The team at The Driscoll Firm would like to congratulate our co-counsel, Williams Kherkher Hart Boundas, on achieving a $38,000,000 verdict for a catastrophically injured child and her grandparents. A St. Louis jury awarded $23 million in punitive damages on top of $15 million in actual damages to the 12-year-old girl, who was born with spina bifida after her mother took the anti-seizure drug Depakote while pregnant. Spina bifida occurs when a child’s spinal column fails to close all the way, which can lead to both physical and intellectual disabilities.

The jury decided that Abbott Labs did not do enough to warn doctors about the potential birth defects that children could suffer if their mothers took Depakote while pregnant. According to arguments presented by the plaintiff’s attorneys, Abbot failed to adequately present the potential risks associated with Depakote, instead making it seem as though Depakote was no more dangerous than other anti-epileptic drugs.

According to a 2010 study published in the New England Journal of Medicine, Depakote is tied to an increased risk of a number of different birth defects, one of which is spina bifida.

Court documents from this landmark case state that because of these dangers, doctors should prescribe every available alternative to pregnant women before prescribing Depakote.

Symptoms and Signs of Erb’s Palsy

At any point during labor and delivery, even the slightest of missteps on part of a medical professional may potentially cause a child to develop Erb’s Palsy. As the result of damage to the child’s brachial plexus—a bundle of nerves in the upper arm and shoulder—individuals living with Erb’s Palsy often require substantial medical treatment in order to restore flexibility and strength back to the affected arm.

Some of the early warning signs that parents of children with Erb’s Palsy first observe include the following issues with one of the child’s arm at birth:

  •  A lack of movement
  • A lack or response to touch
  • Rigidity of the arm held against the body
  • Inability to grip with one hand

Should Erb’s Palsy not be promptly diagnosed and treated, a child may suffer from the following long-term symptoms that are associated with Erb’s Palsy:

  •  Numbness of the affected arm
  • Weakness of the affected arm
  • Paralysis of the affected arm
  • Muscle atrophy in the affected arm

While symptoms may be successfully mitigated by dedicated physical therapy and surgical procedure, many children continue to struggle with the effects of Erb’s Palsy for the entirety of their lives.

If your child is found to suffer from Erb’s Palsy, you should consult with one of the birth injury attorneys at the Driscoll Firm to learn more about your legal options moving forward. If a negligent medical practitioner is found to be responsible, you may pursue financial compensation that covers medical expenses and the cost of continued treatment. To discuss the particular circumstances that you believe contributed to your child’s Erb’s Palsy, please call our offices at (800) 900-7704 today.

Nerve injuries associated with brachial plexus palsy

Brachial plexus palsy occurs in newborn infants when a complication arises during delivery, causing nerve injuries and hindering the function of an arm or shoulder. In some cases, the nerve damage heals on its own or can be healed with surgery. However, when the damage is more severe, the child may never regain full function of his or her arm.

In general, there are four different types of nerve injuries that can contribute to brachial plexus palsy. An infant may sustain more than one of these during delivery.

  • Neurapraxia: The nerve is stretched but does not tear. The damage will usually heal without medical treatment within three months.
  • Neuroma: The nerve fibers are damaged resulting in the formation of scar tissue. This scar tissue may put pressure on the remaining healthy nerve fibers.
  • Rupture: The nerve is not just stretched but is actually torn. The nerve will not heal on its own, but may be repairable with surgery.
  • Avulsion: The nerve is torn away from the spinal cord. This is the most severe form of nerve damage and is generally irreparable, even with surgery. In certain cases, limited function of the arm may be restored by using a nerve from another muscle.

These injuries are more common during difficult deliveries, or when a complication arises and the practitioner must deliver the baby quickly. Although the damage is never caused intentionally, a mistake or negligence on the part of the medical professional may result in life-changing consequences for the child. The lawyers at the Driscoll Firm, are here to answer your questions and help you understand your options for pursuing financial compensation for your child’s injuries. Contact our offices at (800) 900-7704 today.

Medical malpractice as the cause of Erb’s palsy

Erb’s palsy is a type of brachial plexus injury that causes weakness, loss of feeling, or paralysis of the arm. Infants with Erb’s palsy may experience the condition to different extents; a child whose symptoms affect both the lower and upper arm has a global, or total, brachial plexus injury, while another may not be able to move their shoulder, but can move their hands or fingers.

Erb’s palsy occurs when the set of nerves called the brachial plexus has been stretched or ruptured. Difficult delivery, prolonged labor and breech presentation may all cause brachial plexus damage. In some cases, however, an inexperienced or negligent medical staff member may pull the infant’s neck or shoulder in the wrong manner, which may damage his brachial plexus and cause brachial plexus injuries, such as Erb’s palsy.

If you believe medical malpractice has been the cause of your child’s Erb’s palsy, you might be eligible to seek restitution for all the financial damages your family has incurred. Speak with our team at the Driscoll Firm to discuss the wide range of legal options available for you. Contact our firm at (800) 900-7704 today.

What you need to know about Klumpke’s palsy

Many cases of injury to the brachial plexus have been reported during the birth process. Brachial plexus is a set of nerves that runs across the neck and the shoulder and is responsible for delivering nerve signals to the shoulders, arms, and hands. When a medical staff member improperly pulls the infant’s head and neck away from its shoulders during delivery, this set of nerves may become damaged, causing a wide array of brachial plexus injuries.

Among the possible injuries is Klumpke’s palsy, which occurs when the lower or inferior trunks of the brachial plexus (the C8 and the T1) have been stretched or ruptured. The damaged nerves would then affect the forearm, the wrist, and the small muscles of the hands. Although a baby with Klumpke’s palsy may typically recover within six months, severe cases of this condition may present life-long complications that could ultimately affect a child’s quality of life.

If your child’s brachial plexus injury has resulted from negligent medical care, a lawyer at the Driscoll Firm might be able to help you pursue justice and compensation by possibly filing a lawsuit. Call us today at (800) 900-7704 for a free initial assessment of your case.

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