Over $20M Won in Pennsylvania Cerebral Palsy Case

The Jermyn family has just won a $20.5 million settlement in its medical malpractice lawsuit, which alleged that mistakes made during the birth of their son resulted in his severe, incurable case of cerebral palsy.

To date, this is the largest such cerebral palsy settlement in Lackawanna County, Pennsylvania. Since 2000, awards in similar cases have been less than $10 million.

Despite the seemingly enormous amount of this monetary settlement, the Jermyns will use all of it for the lifelong care of their son, who now needs 24-hour care due to his birth-related injuries and resulting cerebral palsy.

What is Cerebral Palsy?

Cerebral palsy is a neurological condition caused by birth injuries or abnormal fetal development. Depending on the severity of an individual's condition, cerebral palsy may impair a person's coordination, movement, speech and/or hearing. In the most serious cerebral palsy cases, people will also suffer from mental retardation and seizures.

Because no cure currently exists for cerebral palsy, affected individuals will need to pursue lifelong treatments, which can include:

assistive equipment and technologies (such as glass and hearing aides that, while not treating the condition, improve perception)
medications for seizures and spasticity
physical therapy to improve coordination and movement
speech therapy to combat difficulties speaking
surgery

Details of the Medical Mistakes that Led to CP

On June 30, 2001, Laura White called her obstetrician because she thought that her nearly due unborn child was experiencing problems. While she didn't speak with her primary OBGYN, Dr. Richard Behlke instructed White to immediately go to the Community Medical Center.

Upon her arrival, White was hooked up to a fetal monitoring machine, which verified that her baby was in distress. Although nurses called Dr. Behlke for immediate assistance, he took over 2 hours to arrive at the medical center.

Time Delay Resulted in Infant’s Brain Damage

Over the next two hours, Dr. Behlke tried to induce labor, a decision that worsened the baby's injuries. It wasn't until 4 hours after her arrival at the medical center that White's baby son, Cody, was finally born by C-section.

The massive time delays in the birthing process meant that Cody was severely deprived of oxygen before his birth. These medical mistakes resulted in Cody being born with a serious type of cerebral palsy. He is nearly blind, mentally retarded and has no use of his hands.

The presiding judge of this case has yet to set up a payment schedule that will outline when the Jermyns will receive their awards.

(Source: The Scranton Times)

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.