$11.4M Awarded in Wisconsin Cerebral Palsy Lawsuit

A Wisconsin jury has recently awarded $11.4 million to Amy and Chad Jelinek, a couple whose son was born with cerebral palsy following negligence and medical mistakes.

Laine Jelinek, the now 3-year old son of Amy and Chad, was born August 7, 2005 in the Gundersen Lutheran Hospital located in La Crosse, Wisconsin. Currently, Laine suffers from severe cerebral palsy, which makes him incapable of walking, talking and performing other day-to-day activities.

To date, this is the largest cerebral palsy settlement that has ever been awarded in Crawford County.

What is Cerebral Palsy?

Cerebral palsy is an incurable, debilitating neurological disorder that typically impairs movement, thought, speech and healthy development. Depending on the severity of the cerebral palsy, affected individuals may experience any combination of the following symptoms:

• abnormal gait (such odd walking behavior can include "toe walking," in which CP patients walk solely on their tiptoes)
• athetosis (uncontrollable writhing in the hands, feet, arms and/or legs)
• difficulty speaking
• drooling
• mental retardation
• muscle spasms
• paraplegia or quadriplegia
• seizures
• vision and/or hearing problems

Although genetic and developmental abnormalities can cause cerebral palsy, in many cases, this condition results from mistakes or complications that occur during the birthing process. Oxygen deficiency (affecting the baby) and the use of vacuum extraction (to deliver the newborn) are among some of the primary birthing complications that can result in cerebral palsy.

Details of the Medical Mistakes that Caused Laine's CP

According to the Jelinek's attorney, Laine's cerebral palsy was directly caused by an oxygen deficiency he suffered during the birthing process.

Over three years ago when Amy Jelinek went into labor, she rushed to the Gundersen Lutheran Hospital and was given Pitocin, a controversial labor-inducing medication.

While Pitocin can effectively speed up a woman's contractions and, thereby, induce labor, it has also been known to deprive babies of oxygen during the birthing process. At the Gundersen Hospital, policy dictates that only doctors can administer Pitocin to women in labor.

Nurses Were Found Guilty of Negligence

However, in a grossly negligent move, two nurses decided, without a doctor's approval, to give Amy frequent and increasing doses of Pitocin.

When Laine started show signs of distress, as the Pitocin severely deprived him of oxygen, a doctor attempted a vacuum extraction birth. In all, Dr. Stephens tried the vacuum extraction 10 times before Laine was born.

Although Dr. Stephens was not found negligent in the mistakes that caused Laine's cerebral palsy, both nurses – Glenda Pinkham and Michelle Dwyer – were.

(Source: The Courier Press)

Do you have a family member living with cerebral palsy? If so, contact a cerebral palsy attorney for more information and resources regarding your legal rights.