Over $15 M Won in Illinois Cerebral Palsy Lawsuit

A woman living in Sandwich, Illinois has recently won a $15.35 million settlement for medical malpractice that resulted in her son's cerebral palsy.

In 2001, Vanessa Jenkins gave birth to her son, Cody, at the Valley West Community Hospital in Sandwich. Following a series of labor complications and poor judgments by the OBGYN, Cody suffered serious brain damage that resulted in a severe case of cerebral palsy and mental retardation.

Jenkin's cerebral palsy lawsuit settlement is one of the largest such awards granted to date.

Details of the Malpractice and Resulting Cerebral Palsy

When Jenkins went into labor with Cody over seven years ago, she began experiencing some complications that prevented a normal delivery.

While an immediate C-section may have prevented Cody's brain damage, the head OBGYN instead tried to use vacuum extraction to deliver Cody. Within one hour, this doctor used the vacuum extraction method 18 times, despite the fact that Cody's fetal heart rate was dangerously low.

Any decrease in fetal heart rate indicates that a newborn experiencing stress, which has the potential to permanently damage his or her health.

Cerebral Palsy Risk Factors

Cerebral palsy is an irreversible neurological condition that impairs movement, speech and thought. Depending on the severity of the case, those with cerebral palsy may live with mild to extremely debilitating impairments, including spasticity, paraplegia, difficulty speaking and lack of coordination.

While cerebral palsy can be caused by a variety of factors, common risk factors for cerebral palsy include:

• stroke
• premature birth
• family history of the condition
• labor complications
• lack of oxygen to the fetus (during development or delivery)
• medical mistakes (he choices doctors make during the labor and delivery process can complicate birth, injure newborns and result in cerebral palsy)
• use of vacuum extraction during delivery

Because not one of the 18 vacuum extractions was successful, a C-section was finally performed. The trauma of this birth resulted in Cody's permanent brain damage and incurable cerebral palsy.

In addition to covering the cost of Cody's lifelong, essential treatment, the $15 million cerebral palsy settlement also included damages for Jenkin's emotional pain and suffering.

(Source: Cerebral Palsy Law Blog)

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.