Mother Sues Hospital for Child’s Cerebral Palsy Related Death

An Australian single mom suffered a devastating loss this past March when her 5-year-old son tragically stopped breathing and died because of severe cerebral palsy. On several occasions, Kim Carpenter had tried to conceive a child, enduring five heartbreaking miscarriages before she gave birth to her son Joshua in 2000. At the age of one, Joshua began to show signs of a narrowing airway and was admitted to Westmead’s New Children’s Hospital to undergo a tracheotomy. The operation failed when the tracheotomy tube dislodged and Joshua stopped breathing causing severe brain injury to the infant. This brain injury resulted in a spastic quadriplegic type of cerebral palsy that required the constant attention of his mother and doctors for survival.

The confounded mother is now suing the Westmead's New Children’s Hospital for a breach of duty and care during the tracheotomy leading to her beloved child’s death. Her cerebral palsy lawsuit includes the time in which she cared for her son to well beyond his death, for her own serious psychological repercussions.

The plaintiff’s council emphasized that Mrs. Carpenter suffered severe depression as well as suicidal tendencies because of her Joshua’s death and had been placed in a psychiatric institution for nearly two months to stabilize her condition. The once competent caretaker mom now required constant care from her own family to monitor her psychological health. Sobbing as she spoke, Kim Carpenter told the courtroom that she had never wanted anything more in life than to be a mother and her life would never be the same. The spokesman for Westmead’s New Children’s Hospital has admitted liability on behalf of the hospital.

Cerebral palsy is a condition that can develop before, during, or after birth, causing brain injury to one or more areas of the brain. These brain injuries affect the child’s body and muscle coordination causing muscles to become rigid or loose, inhibiting their control over balance and muscle coordination. There are currently over 750,000 people in the United States suffering from cerebral palsy and nearly 8,000 new babies born every year that acquire the condition. While the majority of cerebral palsy cases have their onset in the womb, approximately 30 percent can be the devastating result of delivery complications caused by a breach of skill, care, or negligence. Still others can be the result of negligence or wrongdoing that affects a child in those first tender years of life.

Tragically, the mistakes of medical professionals can result in serious injuries, disabilities and death. If you or a loved one has suffered a serious injury or developed cerebral palsy, you may wish to speak with a qualified cerebral palsy attorney to learn more about your legal rights and options.