California Medical Malpractice Law Blog

News reports that a large settlement was reached in Florida cerebral palsy lawsuit. The birth injury occurred after an infant was given a dose of nutrients 100 times more powerful than was prescribed. As alleged in the lawsuit, after the infant received the overdose she went into cardiac arrest. She was revived but only after her brain was deprived of oxygen. The child subsequently developed cerebral palsy. In a lawsuit filed against the hospital, the family was awarded $19.2 million to cover the baby’s medical costs.

Cerebral palsy is a birth injury that is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the type of damage to the brain of the newborn. Although a variety of factors may contribute to cerebral palsy, it has been linked to medical error at birth. For example, when infants are deprived sufficient oxygen either because they have remained in the birth canal too long or for any other reason, can lead to cerebral palsy.

When medical staff, including doctors and nurses, fail to act quickly enough to resolve a critical situation, they may be found responsible for causing a birth injury and liable for medical malpractice.

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Jury selection has begun in a multimillion-dollar medical malpractice lawsuit arising out of a birth injury. The birth injury lawsuit against Indian River Medical Center arose out of the actions undertaken by medical staff and two physicians at the hospital. In 2008, the infant at the center of the case was born dead. She was resuscitated, but now suffers from cerebral palsy.

The birth trauma occurred during a difficult delivery. The mother, Melissa Guettler, was undergoing a normal birth when the baby starting showing signs of fetal distress. However, according to the lawsuit, the hospital staff failed to act quickly enough in ordering an emergency cesarean section. When the c-section was eventually performed, the child was born dead. Although a physician was able to resuscitate the infant, evidence suggests that had she been born 15 minutes earlier, the birth injury could have been avoided.

While not every birth injury constitutes medical malpractice, where medical staff fail to act with the requisite standard of care and an infant is harm, they may be guilty of medical negligence and be responsible to pay damages.

One of the most frequent birth injuries in cerebral palsy, often linked to oxygen deprivation at birth. When a baby is allowed to remain in the birth canal for too long and a newborn is denied sufficient oxygen, this debilitating condition can result. Symptoms of cerebral palsy include the loss of movement or other functions related to the nervous system. It may manifest itself as cognitive difficulties such as the ability to think and learn, or uncontrolled movement of the limbs. In some cases the signs show up right away, other time signs of cerebral palsy are not noticeable until the child reaches his or her second birthday.

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At a Society for Neuroscience meeting this past week, researchers reported new evidence concerning premature infant brain injuries and why they are so common, along with strategies to prevent and in some cases, repair the brain damage. Researchers hope that this information will be used to reduce the number of premature infant injuries that lead to the development of epilepsy, cerebral palsy and behavioral disorders such as ADHD.

Because of advances in neonatal medicine, the number of premature babies surviving has increased over the last decade. Although in many instances a premature delivery cannot be prevented, other times known factors exists that a doctor can identify to predict a premature baby. A failure to diagnose these factors or misdiagnose them can lead to an unnecessary premature birth. In either situation, proper medical procedures need to be followed to ensure the baby does not suffer harm as the result of an early delivery. The failure of a doctor, nurse or other health care professional to take appropriate action may constitute medical malpractice. If you believe your child was born prematurely and suffered harm, it is important to consult with an experienced California birth injury lawyer to evaluate the circumstances and provide you advice concerning your next steps.

Unfortunately, one of the consequences of a premature birth is infant brain damage. While deaths of prematurely born infants has decreased, the incidence of brain damage remains high. In fact, as stated by the chief of neonatology at the University of San Francisco, David Rowitch, the “overall rates of cerebral palsy and other neurodevelopmental disabilities are on the rise.” Rowitch explains “The most common cause of brain injury in premature infants is a lack of oxygen in the days and weeks after birth … the lack of oxygen damages white matter, which provides the ‘communication highways’ that carry messages around the brain to distant parts of the body.”

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A new brain damage study out of the University School of Medicine in St. Louis reveals that researchers have identified a protein that may help babies who suffer brain injuries after the brain in deprived of oxygen and blood flow. Often these babies develop cerebral palsy as the result of this birth injury. Researchers have determined that high levels of a protective protein - Nmnat1 - substantially reduces the damage that occurs.

Symptoms of cerebral palsy can cognitive difficulties such as the inability the think and learn, as well as physical challenges such as the loss of movement or uncontrolled movement, trouble walking and difficulties related to other functions of the nervous system. If your child has been diagnosed with cerebral palsy of you feel he or she may have it, medical malpractice may have led to the condition. Consulting with a California birth injury attorney is important in order to determine your next steps.

As reported in the Proceeding of the National Academy of Sciences:

“Under normal circumstances, the brain can handle a temporary disruption of either oxygen or blood flow during birth, but when they occur together and for long enough, long-term disability and death can result…If we can use drugs to trigger the same protective pathway as Nmnat1, it may be possible to prevent brain damage that occurs from these conditions…”

Because cerebral palsy has been attributed to brain injury due to inadequate oxygen and blood flow to the brain before, during or soon after birth, researchers wanted to see whether the same injuries occurred in the presence of increased levels of the protein.

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A recent report published in Obstetrics and Gynecology studied the link between a mother’s health – including infections – during pregnancy and her baby’s risk of developing cerebral palsy. According to the study, suffering from the common cold and stomach flu during pregnancy were not tied to an increased risk of developing the birth defect. More serious infections, as well as a family history of cerebral palsy or a woman’s history of miscarriage created an increased risk, however the risk remained low.

The study found that some maternal infections like chicken pox and cytomegalovirus were associated with the condition especially when they occurred in the second half of pregnancy.

Although all the causes of birth defects such as cerebral palsy remain unknown, a serious birth injury such as oxygen deprivation that occurs during delivery has been shown to have a strong link to developing the condition. The incorrect use of forceps or other negligent care has also been linked to its onset. Where a birth injury occurs as the result of the result of medical malpractice, it may be possible to recover compensation.

The Centers for Disease Control and Prevention provide that every year about 10,000 infants born in the United States will develop cerebral palsy. Symptoms of cerebral palsy can include loss of movement or other functions related to nervous system. It may cause cognitive difficulties such as the ability to think and learn, and in physical difficulties such as uncontrolled movement of the limbs, difficulty walking, and balance and coordination issues.

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