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.
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) 900-7704 for more information.
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) 900-7704 today, and tell us more about your situation.
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:
- Lack of oxygen
- Premature birth
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) 900-7704 today.
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.
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.
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.
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.
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.