Family awarded $18 million after jury rules medical negligence

A Kentucky family’s three-year lawsuit finally came to a close last month after 10 of 12 jurors ruled that TJ Samson Community Hospital acted negligently in the birth of the family’s son, according to a WBKO article.

When the mother went in to deliver her child, she had no previous complications and her child was seemingly healthy. The doctor gave specific orders for the administration of medicine and spacing of contractions. These orders were not followed by other hospital staff and resulted in the baby being trapped in the birth canal with a limited oxygen supply. The child consequently developed spastic quadriplegia, a type of cerebral palsy, as a result of the hospitals negligent actions.

TJ Samson Community Hospital was ordered to pay the family $18 million for institutional negligence resulting in a debilitating birth injury condition. This sum included coverage for his entire life care plan of about $9 million, expected to support him over the next 67 years. He was also awarded compensation for his future lost earnings, past pain and suffering, and future pain and suffering.

This instance shows how too often, negligence by medical professionals can lead to the devastating development of disabling conditions like cerebral palsy. If your child has developed a birth injury like cerebral party due to another party’s wrong-doing, the birth injury lawyers with the Driscoll Firm may be able to help. Contact us at (800) 900-7704 today to begin taking action.


The Symptoms of Cerebral Palsy

The symptoms of cerebral palsy may not be recognizable until a child is older despite that the condition typically develops before or during the birthing process. The symptoms of cerebral palsy will often not be immediately recognizable since many of these symptoms are related to physical or cognitive abilities that have not yet developed in newborns.

However, as a child ages and continues to mentally and physically develop, some of the symptoms of cerebral palsy will become increasingly apparent while others may only be discernible upon closer medical examination. Some of the most commonly attributed symptoms of cerebral palsy include:

  • Bone deformities
  • Joint deformities
  • Spastic movements
  • Muscle atrophy
  • Difficulty speaking
  • Agility problems
  • Cognitive disabilities
  • Seizures

Should you observe any of these symptoms in your child, it is highly advisable that you immediately seek a more comprehensive medical examination for your child so that a proper diagnosis may be made. If your child is indeed diagnosed with cerebral palsy, you and your doctor may then begin considering what treatment strategy will be best for your child.

Troublingly, the development of cerebral palsy can often be directly related to some form of medical malpractice. In such instances, any medical professional who is found to be responsible for your child’s cerebral palsy may be held financially liable for their malpractice. To discuss your legal options with one of the birth injury lawyers at the Driscoll Firm, please call our offices at (800) 900-7704 today.


AAP warns about the dangers of delayed CP diagnosis

A diagnosis of cerebral palsy (CP) can be devastating for families. As such, doctors have been very wary of diagnosing this life-long condition. Because there is currently no definitive testing mechanism to determine CP, some medical professionals choose to diagnose the condition past the age of 8 to 12, when the child’s brain is fully developed and a CP diagnosis can be conclusive.

However, in a 2013 clinical study entitled Motor Delays: Early Identification and Evaluation, the American Academy of Pediatrics (AAP) underscored that whatever the type of developmental condition the child has, it is important for the medical professionals to begin early intervention programs that would help the child and their parents adapt with the medical situation. After all, delaying a child’s diagnosis of cerebral palsy is tantamount to delaying the opportunity to seek the best therapies, treatment, and government benefit programs that would have been available to alleviate the condition.

If your child has suffered unduly because of a delayed CP diagnosis, a cerebral palsy delayed diagnosis lawyer at the Driscoll Firm might be able to help you seek the compensation you need. Call us at (800) 900-7704 today.


The use of anticonvulsants for children with CP

Children with cerebral palsy are at higher risk of convulsions due to the brain’s inability to control its normal pattern of electrical activities. During convulsions, the muscles contract and relax repeatedly and uncontrollably. This causes the child’s body to shake, making them more prone to injuries and other more serious medical emergencies, such as a coma.

To manage these symptoms, doctors may prescribe anticonvulsants to help prevent the outburst of electrical signals that may trigger convulsion. It can also be used to shorten the length of the seizure, to lessen its occurrence, and to reduce its severity.

Taking care of a child with a life-long condition such as cerebral palsy requires life-long medical support and the continuous use of medications, such as anticonvulsants. Unfortunately, the medical costs brought about by all of these might be an added burden to some families. To see if your family’s situation qualifies for financial assistance from a negligent medical practitioner who may have caused your child’s condition, contact a cerebral palsy attorney at the Driscoll Firm by calling (800) 900-7704 today.


What causes infants to develop cerebral palsy?

There are a number of prenatal complications—including head injuries, infections, or a premature birth—that may cause an infant to be born with cerebral palsy. Unfortunately, a number of these complications may be the direct result of either negligence or malpractice on part of an involved medical professional. Our compassionate legal team at the Driscoll Firm understands how devastating the effects of cerebral palsy can be; we will aggressively pursue financial compensation from any negligent professional who may have been responsible for your child’s condition. Give us a call at (800) 305-9800.


Caring for someone with CP by taking care of oneself

Taking care of someone with cerebral palsy (CP) demands a great deal of time, energy, and resources. As such, parents, loved ones, and care-givers of individuals with CP are more likely to become stressed and exhausted.

To help you fight the threat of exhaustion or too quickly being overwhelmed, consider the ABCs of taking care of oneself:

  • A – Acknowledge that taking care of someone with a lifelong condition such as cerebral palsy can be hard, and that it is normal to be upset at times
  • B – Build a strong support system by seeking out people and organizations with the same situation as yours
  • C – Consider getting time off by getting help from family members, friends, or paid providers

Cerebral palsy is a condition that can, unfortunately, be a result of medical malpractice and negligence. To learn more about your eligibility in filing for a civil claim against the parties involved, consult with an attorney at the Driscoll Firm by calling (800) 305-9800 today.


Norwegian study suggests Cerebral Palsy genetic link

A study by Norwegian researchers published by The BMJ revealed the risk of cerebral palsy is increased if someone in the family was born with it, HealthDay News reported on July 15.

Although it is well known that lack of oxygen and exposure to infection during delivery can increase the risk of cerebral palsy, new research reveals there may also be a genetic link. The researchers analyzed extensive data covering the birth of more than 2 million Norwegians from 1967 to 2002. In families who had a child with cerebral palsy, there was a six to nine times increased risk of having a full sibling with the same condition. Parents affected with cerebral palsy are also 6.5 times at risk of delivering a child with the condition. Meanwhile, infants with an affected third degree relative (a first cousin, for instance) were 1.5 times at risk.

This research is important in expanding our knowledge about Cerebral Palsy and how it may be treated in the future. Unfortunately, many cases of this condition are caused by medical negligence during the delivery. If your loved one has developed cerebral palsy due to a medical practitioner’s negligence, discuss your options in seeking compensation with a lawyer at the Driscoll Firm. Call us at (800) 900-7704 to learn about your legal options.


Understanding cerebral palsy

Cerebral palsy is a life-long medical condition that affects voluntary and involuntary movements of the body. In many cases,  this medical condition is the result of an injury acquired by an infant before or during childbirth.

There are many ways to group the different types of cerebral palsy. One way is to categorize them based on the effect each has on the body’s motor functions:

  • Spastic/pyramidal – Considered the most common type of cerebral palsy, it is characterized by increased muscle contraction and rigidity that affect voluntary movements.
  • Non-spastic/extrapyramidal – This occurs when there is an injury in the involuntary motor system. It is characterized by involuntary movements that can be exaggerated with voluntary ones.

If you believe your child has developed cerebral palsy due to a medical personnel’s negligence, a lawyer at the Driscoll Firm may help you hold the responsible party accountable for all the damages your family has suffered. Call us at (800) 900-7704 today to discuss your eligibility in filing a medical malpractice lawsuit.


Early cerebral palsy detection method discovered by Australian researchers

A breakthrough in diagnosing and treating cerebral palsy has been discovered by Australian researchers, ABC News reported on July 1.

With the general movements assessment, doctors would be able to detect infants who are at most risk of cerebral palsy as early as three months with 95 percent accuracy. This would allow doctors to promptly intervene in the condition, rather than waiting up to 19 months before starting the treatment. Researchers believe early detection and intervention could be very valuable in reducing the severity of this medical condition.

Life-long treatment and rehabilitation, complex emotions, and financial burdens are among the many challenges that a family of an individual with cerebral palsy may face. Unfortunately, there are instances when this medical condition is caused by a negligent medical practitioner. If you believe a medical professional should be held responsible for the condition of your loved one, consult with a lawyer at the Driscoll Firm about the possibility of taking legal steps against the party involved. Call us at (800) 900-7704 for a free consultation today.


Umbilical cord blood might be the key to preventing CP

Researchers at the Monash Institute of Medical Research in Australia are currently researching a possible treatment that would prevent the development of cerebral palsy among high-risk newborns, the Daily Mail reported on June 5.

The researchers were successful in isolating certain stem cells found in the blood of a newborn’s own umbilical cord that are crucial in lowering the risk of cerebral palsy. These stem cells are Mesenchymal stem cells, which repair the brain, Endothelial Progenitor cells, which improve the flow of blood to the damaged areas of the brain, and T-regulatory cells, which fight inflammation.

Scientist Courtney McDonald said current pre-clinical trials suggest that giving the umbilical cord blood back to the newborn within the first 12 hours of life shows positive results in preventing birth asphyxia–a condition which may lead to cerebral palsy.

Cerebral palsy is a life-long condition that can unfortunately be the result of poor medical care. At the Driscoll Firm, we help families who have suffered from medical negligence achieve justice and compensation from the party responsible. Call us at (800) 900-7704 today.


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