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Jeff Brody
Litigators Inc.

Quadriplegic CP Patient Wins $7.5 M Settlement

The family of a baby born with quadriplegic cerebral palsy has recently been awarded $7.5 million following an intense mediation process that determined medical mistakes were responsible for the child's debilitating condition.

As one of the most severe types of cerebral palsy, quadriplegic cerebral palsy requires lifelong, round-the-clock care, as afflicted patients are unable to sit, walk, eat and, in some cases, breathe on their own.

Cerebral Palsy Causes

Cerebral palsy is an incurable, devastating condition that impairs speech, coordination, movement and health brain function. Fetal development problems and/or medical mistakes made during (and after) delivery typically cause the brain damage that results in cerebral palsy.

While any medical mistake that deprives a baby of oxygen will contribute to cerebral palsy, some of the most common include:

  • excessive use of vacuum extraction
  • failure to perform immediate C-section
  • unrecognized (or untreated) fetal distress
  • use of certain medications during the delivery process

Details of the Medical Mistakes

When Cindy, a healthy, young woman, arrived at a hospital to deliver her baby a few years ago, she expected a typical delivery, as she had, up until this point, experienced a normal pregnancy.

However, despite initial fetal monitor readings indicating that her baby was healthy, within two hours of arriving at the hospital, her baby started showing signs of distress.

It would be two more hours until the nurse would call the obstetrician. At this point, the baby's heart rate had already dropped dangerously low.

False Medical Records Exposed

While the OBGYN delivered Cindy's baby via C-section soon after, upon birth, the baby was not breathing and had no heartbeat. Although medical records indicated that a pediatrician had been present at the birth, later, an attending nurse admitted that this wasn't the case and that no pediatrician was present.

After six minutes of trying to resuscitate the baby, a respiratory therapist finally administered a breathing tube – which was placed in the baby's stomach, rather than in the lungs where it should be. While a pediatrician would soon correct this mistake, it ultimately took 26 minutes for the baby to achieve a normal heart rate. Permanent damage had already been done, as the baby had developed quadriplegic cerebral palsy due to lack of oxygen during and after the birthing process.

The $7.5 million settlement awarded in this cerebral palsy case will go towards paying for the vital lifelong care this baby needs to survive.

(Source: Martin & Jones)

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.

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