Cerebral Palsy

Cerebral palsy is a collection of movement disorders resulting from damage to the brain that occurs before, during or after birth. The damage occurs in a region of the brain that controls muscle function and it can result in poor coordination, poor balance, or abnormal movement patterns -- or a combination of these characteristics.  

In many cases the cause of cerebral palsy is not known. Some known causes of cerebral palsy include genetic damage, prematurity, bacterial meningitis, lack of oxygen to the brain, severe jaundice and head injury. There is no cure. Drugs, surgery, and therapy are used to minimize its effects.

Medical mistakes can cause cerebral palsy. If a doctor or other health care professional fails to monitor or to respond properly to certain situations that arise during the delivery, that individual could be considered negligent with regard to the duty owed to patients.  A delivery medical team should monitor the mother and baby throughout pregnancy, labor and delivery in order to be aware of any complications that may develop. Negligence of doctors, nurses,  (See "Nursing Negligence" co-authored by birth injury lawyer Kathleen Flynn Peterson) and other medical personnel can lead to situations which may result in cerebral palsy.  Examples of such negligence include:

  • Failure to provide appropriate prenatal care and appropriate interventions during labor and delivery
  • Failure to diagnose and treat an infection in the mother
  • Failing to rapidly diagnose and treat preterm labor
  • Failure to diagnose macrosomic (large) baby
  • Failure to properly manage prolonged or postterm pregnancy
  • Failing to respond appropriately to bleeding
  • Failure to treat maternal elevated blood pressure (preeclampsia)
  • Negligent management of labor and delivery
  • Failure to appropriately respond and intervene to non-reassuring fetal heart monitor changes and evidence of fetal distress.
  • Misuse of a vacuum extractor or forceps during delivery
  • Failure to perform a timely vaginal delivery or a cesarean section (C-section) to deliver a baby in distress
  • Failure to properly resuscitate a newborn

Only a careful review of the medical records can support a likely cause of injuries and whether the actions of the delivery team played a part in causing your child's cerebral palsy. Our lawyers and legal nurse consultants who handle birth injury cases have experience investigating medical mistakes and birth injury malpractice and have access to the type of qualified medical experts necessary to review complicated birth injury cases.

If your child suffered a birth injury resulting in cerebral palsy due to improper care during your pregnancy or at the time of delivery, perhaps we can help. Contact one of our legal nurse consultants - all are registered nurses - they will understand the complex issues of labor and delivery that can result in medical conditions like cerebral palsy. Please call our Medical Malpractice group which handles birth injuries that result in cerebral palsy at  1.800.553.9910. You can also send them an e-mail by clicking on this link: contact us.

Selected Results* 

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Inappropriate use of Pitocin during labor, failure to perform a timely cesarean section and failure to have appropriate operating room personnel available for emergency cesarean section  (Read More) 

Settlement:

$4,500,000
Case Name: K. v. Clinic and Hospital
Date: August, 2005
Attorneys: Terry L. Wade

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Negligent delay in delivery resulting in cerebral palsy characterized by spastic quadriplegia and developmental delays. (Read more)

Settlement:

$3,300,000 including a structured settlement with a 15-year certain stream of monthly payments that will pay $25,154,661 during the child's anticipated life expectancy
Case Name: Jane Doe v. Surgeon and Surgical Group
Date: February, 2004
Attorneys: Kathleen Flynn Peterson
John F. Eisberg

(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)

  • Failure to deliver fetus in the setting of fetal distress (Read More) 
Settlement: $3,160,000
Case Name: E and Family v. Dr.
Date: April 2004
Attorneys: Terry L. Wade

 

 
 
Robins, Kaplan, Miller & Ciresi L.L.P. Lawyers Handling Cerebral Palsy and other Birth Injury Cases