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March is National Cerebral Palsy Awareness Month, and with Cerebral Palsy Awareness Day on March 25, people may be curious about what exactly cerebral palsy is and what causes it.
Cerebral palsy is a motor disability that often coincides with other disorders such as intellectual disability, seizures, hearing problems, speech problems, or joint problems.
By the Centers for Disease Control and Prevention’s definition, cerebral palsy is a group of disorders that impairs a person’s ability to move and maintain posture and balance.
Cerebral palsy is caused by damage to the developing brain or abnormal brain development. There are many different reasons that a child can develop cerebral palsy, such as a traumatic head injury from a motor vehicle accident, an infant infection due to inflammation around the brain, maternal infections that impact the developing fetus, and lack of oxygen related to difficult labor or delivery.
Between 85-90% of cerebral palsy cases are caused by brain damage before or during birth.
Birth injuries can occur for many reasons beyond anyone’s control, but in many cases, these tragedies are the result of mistakes and even negligence by the obstetrics team.
The effect of cerebral palsy on a person’s life is drastic and lifelong, and when the birth injury that caused the condition occurred due to the result of medical negligence, a lawsuit is merited.
Here are some notable cerebral palsy lawsuits
In 2003, the parents of a child injured during birth in 1998 and Evanston Hospital reached a $20 million settlement. The lawyers, in this case, argued that doctors botched her delivery, resulting in permanent nerve injuries to her arms and her diaphragm.
In 2011, in the case of Ja’Kareon Graham v. Hamot Medical Center, $21 million was awarded to the family of the affected baby. The suit alleged that medical staff ignored signs of distress and performed a late cesarean section. Ja’Kareon’s family received over $21 million to cover past and future medical expenses and loss of income.
In 2012, a cerebral palsy lawsuit was filed in Nova Scotia against Dr. Allison Ball and the former Guysborough Antigonish Strait Health Authority. The settlement resolves allegations that seven-year-old Cullen C. of Canada suffered from oxygen deprivation during delivery, which caused him to develop severe cerebral palsy.
Of the $6 million settlement, $3 million was used to purchase an annuity to pay for his constant care for the rest of his life. This fund is intended to cover the cost of ongoing care and other associated costs, like a wheelchair-accessible van and home.
In 2018, a Cook County jury awarded $50.3 million to a child who suffered a severe and permanent brain injury due to a delay in the diagnosis and treatment of hypoxia (oxygen deficiency) prior to his birth, which caused him to develop cerebral palsy.
If you have reason to believe that medical malpractice caused your baby to suffer a lack of oxygen at birth, you may be able to file a lawsuit and pursue compensation.
For those seeking monetary compensation for cerebral palsy caused by birth injuries, Top Class Actions can help. If your child suffered severe birth injuries, you may have a legal claim.
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