Bill To Speed Up Cerebral Palsy Lawsuit Payments

In Colorado, the families of children who win jury trials in medical malpractice cases—including cerebral palsy and other birth injury cases—cannot receive the award in one lump sum due to a kink in the state’s law. This kink poses a huge problem for families who are faced with huge financial losses resulting from medical bills, costs of treatment and therapy, and lifelong care for their children.

Now, lawmakers are attempting to correct this kink by approving a new bill that would allow victims of malpractice the right to collect immediate payment for their damages, which may include pain and suffering, medical costs, lost-earning capacity, and more.

Current Law: Unjust

Janine Vitetta and her four-year-old daughter Krysta won a several million-dollar jury award after filing a cerebral palsy lawsuit against the Colorado Springs hospital and a doctor for failing to adequately treat the newborn child’s fever. Krysta developed cerebral palsy as a result and will require life-long treatment and care.

However, because of the current state law, Krysta is only eligible to receive a few thousand dollars a month until she’s 29-years-old. The payments will be halted if she dies before then.

The monthly payments are not enough for the family to buy a house or pay Krysta’s medical bills and they are on the brink of bankruptcy. Both Vitetta and Krysta were at the state’s Capitol last month asking legislators to amend the law.

According to Denver lawyer Natalie Brown, the current law is unfair because it enables those who settle malpractice suits out of court to receive a lump sum. However, families who win jury trials don’t get the same opportunity.

Senate Bill 66 was unanimously passed by the House Judiciary Committee in Colorado and is on its way to the House floor. Brown was excited about the committee’s speedy vote.

“They showed a great deal of compassion and understanding,” she said.

Does your child have cerebral palsy? Medical malpractice could be to blame. Please contact a cerebral palsy lawyer to find out how you may be able to recover your damages.