Couple files medical negligence lawsuit over birth defects

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.

When surgeons commit mistakes in CP treatment

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 sued for allegedly causing a CP patient’s death

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.

Colorado family won $17.8 million in medical malpractice case

After seven long years of legal battle, a district court in Colorado finally awarded millions of dollars to a family who suffered from a medical malpractice incident after staff at the Children’s Hospital Colorado administered an incorrect dosage to their four-year-old daughter, resulting in lifelong brain damage and cerebral palsy, the Gazette reported on April 4.

The Arapahoe County District Court awarded $17.8 million, possibly the largest medical malpractice verdict handled out in Colorado, to Naomi Pressey, now seven years of age. In February 2008, Naomi was given the wrong dose of prostaglandin in preparation for a procedure to treat a common congenital heart defect. The error caused her to suffer from cerebral palsy, severe motor skill impairment, significant intellectual disability and cognitive impairment.

Children’s Hospital Colorado said it plans to appeal the verdict.

Medication error is considered among the most common medical malpractice causes of cerebral palsy in the country. To learn more about taking legal action against a negligent medical facility or practitioner that caused your child to suffer from this life-long condition, consult with a lawyer at the Driscoll Firm by calling (800) 900-7704 today.

Study says some cases of cerebral palsy might be genetic

A recently conducted study by the University of Adelaide-based Australian Collaborative Cerebral Palsy Research Group has found a strong link between the likelihood of developing cerebral palsy and genetic mutation, Medical Express reported on February 12.

The study found out that at least 14% of cerebral palsy cases have been a result of genetic mutation, contrary to what is believed that only up to 1% of cerebral palsy cases have been associated with genetic architecture. The study further showed that cerebral palsy share similar genetic structure as those of other neurological disorders.

This finding, which was published in the journal Molecular Psychiatry, hopes to change the approach on how medical professionals diagnose and manage cerebral palsy.

Although genetic predisposition may be greater than previously thought, medical malpractice is still the most common cause of cerebral palsy in the country. If you believe negligent medical care has been the cause of your child’s cerebral palsy, speak with an attorney at the Driscoll Firm to learn about the possibility of filing a claim against the party involved. Call us at (800) 900-7704 to discuss your legal options today.


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.

Medical Malpractice Caps Unconstitutional, Fla. Supreme Court Declares

On Thursday, March 13, the Florida Supreme Court made the decision that the limits placed on medical malpractice awards violate the right to equal protection guaranteed by state law.

The decision came in light of a claim filed against the federal government involving a woman who died at the Fort Walton Beach Medical Center after giving birth. Her parents and son were supposed to receive an award of $2 million following a jury’s decision, but a Florida court reduced it to half in accordance with the state law.

In 2003, former Governor Jeb Bush placed caps on medical malpractice awards to address the rising medical malpractice insurance rates and to prevent practitioners from leaving the state. In a statement, however, Supreme Court decided that the medical malpractice crisis that resulted in those caps does not exist anymore.

For Florida parents with kids suffering from cerebral palsy caused by a medical malpractice, this decision could have a major impact. If you are dealing with the consequences of a birth defect caused by medical malpractice, consult with a lawyer at The Driscoll Firm by calling (800) 900-7704.

Epidural anesthesia use in childbirth and possible complications

Epidural anesthesia is a well-known local anesthesia that is commonly used to relieve the pain of childbirth. It is commonly used during a vaginal birth, but can be used during a caesarean as well.

As it is classified as a local anesthesia, epidural anesthesia is usually administered by an anesthesiologist, obstetrician, or a nurse-anesthetist. This is done by inserting a sterile needle and an epidural catheter into the lower back spinal cord while the back is in an arch position.

Before delivery, it is common to lessen the dosage of the epidural anesthesia so that mothers are able to feel when they are pushing. In caesarian delivery, the epidural catheter will have to stay in place until after delivery.

Unfortunately, if a doctor makes an error while administering epidural anesthesia, it can cause brain damage that leads to a baby developing cerebral palsy. If your baby has been the victim of such an anesthesia error, talk with an attorney at The Driscoll Firm by calling (800) 900-7704 and find out how we may be able to help you.     

Doctors claim stem cell treatment effective to cure cerebral palsy

Doctors in Germany recently have claimed to have successfully treated a child with cerebral palsy using a new treatment of stem cells.

Known as “LB,” the little boy’s condition improved weeks after he was given umbilical cord blood through an intravenous stem cell treatment. The boy, who was in a vegetative state after a heart attack, can now talk and move within months after the treatment. According to the doctors who provided the treatment, the results of the stem cell treatment to the boy disprove doubts about the efficacy of stem cell treatment.

Developing cerebral palsy due to medical malpractice is devastating, and is, unfortunately, something that happens to far too many children. Treating and living with this condition can be expensive; however, when it is the fault of another party, such as a medical professional, our lawyers at The Driscoll Firm may be able to help obtain financial compensation to off-set many of these costs. Call (800) 900-7704 to discuss your options if you believe your child was the victim of medical malpractice.

$130M awarded to NY family in medical malpractice lawsuit

A Long Island family was recently awarded $130 million for medical malpractice that resulted in their daughter’s cerebral palsy.

Parents Danni and Frank Reilly filed charges against St. Charles Hospital in Port Jefferson, L.I., claiming the hospital was liable for the severe brain damage that their daughter Shannon was born with in 2002. Shannon, 10, cannot walk and speak but can hear and is aware of everything around her, according to the family’s lawyer.

In a 2009 trial, the family was offered $8 million by the hospital, but was advised to take their claim to trial. An appeals court agreed to hold a new trial after it was argued that a nurse had not followed proper procedure in monitoring Shannon when she was born.

Shannon’s parents are relieved that the trial favored them and their daughter will be protected for the rest of her life. This result is the second largest award for medical malpractice in New York.

At The Driscoll Firm, our legal team is devoted to fighting for the rights of children who have cerebral palsy due to the errors of negligent medical professionals. If this has happened to your family, call (800) 900-7704 to discuss how we may be able to help you obtain financial compensation.

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