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A young boy has reached a $6 million settlement in a cerebral palsy lawsuit, which will compensate for damage he sustained during birth, allegedly resulting in severe cerebral palsy.
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. The cerebral palsy lawsuit was filed in 2012 in Nova Scotia against Dr. Allison Ball and the former Guysborough Antigonish Strait Health Authority.
Cerebral palsy is a motor disability which often coincides with other disorders such as an intellectual disability, seizures, hearing problems, speech problems, or joint problems.
Because the term “cerebral palsy” refers to a group of disorders, symptoms can vary from person to person. However, common symptoms include stiff muscles, uncontrollable movements, poor balance, and poor coordination.
“CP is caused by abnormal development of the brain or damage to the developing brain that affects a child’s ability to control his or her muscles,” writes the Center for Disease Control and Prevention (CDC). “There are several possible causes of the abnormal development or damage. […] The brain damage that leads to CP can happen before birth, during birth, within a month after birth, or during the first years of a child’s life, while the brain is still developing.”
When Cullen was born, electronic heart monitors allegedly showed that he was in distress. But according to the lawsuit, the medical staff failed to act appropriately. Cullen was born with his umbilical cord wrapped around his neck and later airlifted to a larger health center for more advanced care. The cerebral palsy lawsuit claimed that if Cullen had been delivered via C-section, he would not have sustained the oxygen deprivation and brain damage which allegedly caused him to develop cerebral palsy.
The plaintiffs’ lawyer says that Cullen will likely require constant care for his entire life. Of the $6 million settlement, $3 million has been 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.
The settlement for the cerebral palsy lawsuit also compensates Cullen’s parents, Monique and Wade, for providing “nursing, housekeeping and other services to Cullen.” Monique allegedly left work to care full time for Cullen, causing past and future income loss.
According to the plaintiffs’ attorney, the previous highest settlement for birth injury in Nova Scotia was $4.5 million, but settlements in other provinces are of amounts similar to the $6 million settlement which resolved the cerebral palsy lawsuit.
Birth injury lawsuits similar to Cullen’s cerebral palsy lawsuit can help assist families whose lives have been changed by providing for their injured infant. These lawsuits can recover compensation for medical expenses, past and future loss of earnings, pain and suffering, and extraordinary care such as caregivers, physical therapy, special education, and more.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The medical malpractice attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual birth injury lawsuit or class action lawsuit is best for you. [In general, birth injury lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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