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.

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.

How long will it take to resolve my claim?

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.

Teen with Cerebral Palsy sings National Anthem at the NBA Finals

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.

Filing a claim for non-medical causes of cerebral palsy

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.

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.

Food Additive Linked to Infant Deaths

SimplyThick, a food additive that was until recently used in treating newborns in intensive care units who demonstrated swallowing difficulties, has been linked to infants’ development of necrotizing enterocolitis (NEC), a life-threatening illness that causes severe damage to the intestines. The product, which was popular for the ease with which it can be mixed with breast milk for infants, was widely considered safe for use by the FDA, in spite of a lack of testing, because xantham gum, from which it is made, is generally recognized as safe under FDA guidelines.

However, in 2011, a number of infant deaths caused by NEC which were linked to the use of SimplyThick demonstrated such an unusual pattern that the FDA reconsidered its assessment of the product’s safety, first recommending that it not be given to premature infants, and eventually warning that no infants should be given the thickener. Unfortunately, because of its widespread use up to this point, many children have been exposed to its harmful effects and, as a result, may have developed a serious illness.


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