Chicago Birth Injury Lawyer Blog

A jury recently found a medical clinic and hospital negligent and awarded $23.2 million to the family of Kylie Rodgers, a two-year-old victim of medical malpractice. Kylie suffers from numerous permanent conditions resulting from her traumatic birth in June of 2007, which will require treatment for the rest of her life, including spastic quadriplegic cerebral palsy, cortical impairment, neurological difficulties, and seizures.

Although it may sound large, verdict amounts such as this are not uncommon in birth injury cases, especially those involving a serious, permanent injury such as cerebral palsy, because the award has to pay for the lifetime of medical care that the injured babies require. In fact, $1.7 million of the verdict in this case was awarded just to pay for the healthcare expenses that Kylie already incurred in the first two years of her life.

Click the following link to read more about Kylie and this birth injury verdict.

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Posted In: Birth Injury Trial , Cerebral Palsy , Verdicts and Settlements

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Researchers at Harvard Medical School recently released a paper in the Journal of Obstetrics and Gynecology that found the average birth weight in American newborns has dropped by two ounces. The study looked at babies born between 1990 and 2005 and noted that this was the first decline in average birth weight since the 1950s. Additionally, the study found a decrease in the number of large babies born. This is seen as a positive because it leads to fewer instances of birth trauma. A decrease in the number of babies born over the 90th percentile also reduces the occurrence of serious birth injuries that can lead to lifelong health conditions, such as cerebral palsy. Follow the link to read more about this birth weight study.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Current Issues , Reports & Studies

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A judge has ruled that a doctor violated the standard of care and found him responsible for causing cerebral palsy in a child during a traumatic birth where the doctor had to use a vacuum extraction for almost 50 minutes. The cerebral palsy lawsuit was filed by the child’s parents and accused the doctor of medical malpractice. The judge found that the doctor had caused a serious birth injury when she tried to deliver the baby through vacuum extraction, which uses suction to pull the child’s head through the birth canal during difficult deliveries. The child is now 9 years-old and will require around-the-clock care for his entire life because of his brain damage and cerebral palsy. The doctor herself testified that it was the most disastrous delivery that she’d ever been a part of. An expert witness testified that the baby’s scalp was bobby and that he suffered a sugaleal hematoma, which occurs when blood pools between the scalp and the skin. He did not breathe for 10 minutes and suffered seizures within 24 hours of being born. The judge noted that as a result of the violation of standard of care “severe and repeated trauma as well as shoulder dystocia was inflicted” on the victim. To learn more about the cerebral palsy lawsuit, please click the link.

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Posted In: Cerebral Palsy , Shoulder Dystocia

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A $25 million jury verdict was recently awarded in a Cook County medical malpractice trial to a Chicago boy who suffers from cerebral palsy resulting from his botched birth eight years ago. Payton White was deprived of oxygen during his birth at Northwestern Memorial Hospital back in August of 2001. This caused severe brain damage which in turn led to him developing cerebral palsy. The verdict ensures that Payton will receive the extensive care and treatment that he is likely to require throughout his life.

Click on the following link for more information about this Cook County cerebral palsy verdict.

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Posted In: Birth Injury Trial , Cerebral Palsy , Lack of Oxygen to Fetus , Verdicts and Settlements

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A judge has approved a $6 million birth injury settlement against a hospital on behalf of a 4-year-old who suffered injuries during his birth. The boy has cerebral palsy due to the neurological injuries he suffered during his birth at the local medical center. The settlement is the largest-ever medical malpractice settlement against this hospital. The amount reflects the costs of lifetime medical and attendant or assistive-care for the injured child as well as his inability in the future to earn income. The mother had entered the hospital for a routine birth and the doctors ignored all signs of distress during the later hours of labor and did not recognize the problem until the birth. This type of birth injury should have never occurred. To read more about the birth injury settlement, please click the link.

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Posted In: Cerebral Palsy , Verdicts and Settlements

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A settlement totaling $77,418,670 was recently reached with St. John’s Riverside Hospital for the family of a three-year-old boy who developed cerebral palsy due to unnecessary delays during birth. The medical malpractice lawsuit alleged that the hospital, and the obstetrician/genecologist who delivered the baby, failed to perform an emergency c-section despite the presence of signs that indicated that the baby was suffering from oxygen deprivation. Instead, the doctor opted for a vaginal delivery, which was alleged to have been initiated almost an hour later.

Click on the following link for more information about this $77 Million cerebral palsy settlement.

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Posted In: C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Medical Malpractice Lawsuit , Verdicts and Settlements

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A 4-year old boy who suffered severe brain damage from birth injuries at the University of California, Davis Medical Center has reached a $5.7 million settlement with the hospital. A medical malpractice lawsuit was filed on behalf of the child alleging that the hospital’s negligence caused the boy to develop cerebral palsy. Attorneys for the University of California Board of Regents have called this the largest medical malpractice settlement paid by the university.

Read the article in the Sacramento Bee for more information on this birth injury settlement.

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Posted In: Cerebral Palsy , Verdicts and Settlements

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A jury recently awarded $43 million to a 25-year-old woman who suffers from cerebral palsy as a result of a hospital’s negligence during birth. According to an article on WTEN New 10’s website, the hospital staff failed to properly resuscitate the newborn during delivery. This critical medical error caused the plaintiff to suffer cerebral palsy, a lifelong disorder that affects movement. The family settled out of court 19 year ago with the doctor who performed the delivery; however the case against the hospital has been active since 1991. To read the full coverage of this birth injury verdict, click on the link.

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Posted In: Birth Injury Trial , Cerebral Palsy , Current Issues , Medical Malpractice Lawsuit

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One of the most serious and devastating types of birth injuries is cerebral palsy. Cerebral palsy is a term that encompasses many disorders, all of which affect muscle control and movement. Babies can be born with cerebral palsy. Cerebral palsy can be caused by medical malpractice during birth, such as brain trauma or a lack of oxygen to the brain during birth. Although no two cases are exactly the same, cerebral palsy is a lifelong condition that often requires therapy, ongoing medical care, and treatment. If you believe you or a loved one has suffered cerebral palsy as a result of birth trauma or negligence by a health care provider, the birth injury attorneys of Levin & Perconti may be able to help you seek fair compensation for these injuries. To learn more about cerebral palsy or other birth injuries, follow the link to the Center for Disease Control’s website.

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Posted In: Cerebral Palsy

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A research team at Wayne State University is convinced that the big solution to preventing and treating cerebral palsy may come in a small package. The husband-and-wife team consisting of chemical engineering professor, Rangaramanujam Kannan and assistant pediatrics professor Dr. Sujatha Kannan, has received a patent for using tiny polymers to attack what it considers to be the root of the disorder: inflammation in the brain.

Cerebral palsy is a condition made up of a group of motor disorders caused by brain damage that often occurs after suffering from a birth injury or an infection that develops while in the womb. Prevention of the condition has thus far proven to be very difficult because it is generally diagnosed only after the damage has already occurred.

The research team has developed tiny tree-shaped polymers called dendrimers, which range from 5-10 nanometers long (over 700 times smaller than a human red blood cell), that are used to carry medicine directly to inflamed areas in the brain. The team believes that this method, in conjunction with the identification and diagnosis of the neuroinflammation in newborns, could prevent, or at least reduce, the development of cerebral palsy. Dr. Kannan is currently able to detect such inflammation in the brains of newborn rabbits and she believes that doctors might eventually be able to do the same in human newborns. Once detected, the dendrimers could then be used to target the inflammation, which in turn could prevent the condition from developing.

For more information on using this nanotechnology to treat cerebral palsy, click here.

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Posted In: Birth Injury Prevention , Birth Injury Treatment , Cerebral Palsy , Reports & Studies

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A $3.35 million Euro (About $4.65 Million in US currency) settlement was reached because of a birth injury that took place. The Hospital in this case failed to get proper information including information relating to the baby’s fetal heart rate and the doctor carried out a Caesarean section too late causing the birth injury. The birth injury caused asphyxiation at birth, motor dysfunction and mild cerebral palsy. To read the entire article click here “Birth Injuries”

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Posted In: C-Section Delay , Cerebral Palsy , Medical Malpractice Lawsuit

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Before birth, a baby’s lungs are filled with fluid and very little oxygen flows through them. Instead, it receives oxygen through the placenta and umbilical cord. When an infant is born, a burst of oxygen-rich blood is delivered to him or her by a pulsation of the placenta and umbilical cord until its lungs are working and supplying oxygen on their own. This surge of blood is necessary in order for the newborn’s lungs to adequately expand and supply the brain with the oxygen it needs. Without it, the baby’s lungs fail to function adequately, causing his or her blood pressure to drop. This in turn can lead to oxygen deprivation and result in lung and brain damage.

In as little as 5 minutes after birth, the umbilical cord naturally begins to clamp, halting this blood flow. The common practice of hospitals, however, is to immediately place a clamp on the cord, usually within 1 minute, and often within 30 seconds, following the baby’s birth. This deprives the baby of a continuous source of oxygen until the lungs begin functioning properly. In addition to injuring the baby’s lungs, this lack of oxygen can cause serious brain damage, leading to birth injuries such as cerebral palsy, autism, learning disorders and mental deficiency.

Click here for information about a study into the dangers of premature cord clamping and for more information about umbilical cord clamping birth injuries.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Lack of Oxygen to Fetus , Reports & Studies

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The FDA announced yesterday that it will require new warnings for Botox and all other Botulinum Toxin products. Botulinum toxin is a neurotoxic protein produced by the bacterium Clostriduam botulinum. It is the most toxic protein known to scientists and one of the most lethal substances to occur in nature. Although not approved for such use, it is often prescribed to children with cerebral palsy, who are injected with the drug in an effort to control limb spasticity that is associated with the disorder. The drug works by paralyzing the muscles, which restricts unwanted movement. After injection, however, the toxin can migrate to other areas of the body, including those muscles used to breathe, causing potentially deadly paralysis. The FDA stated that this adverse affect has occurred most frequently in children with cerebral palsy and that several children with the birth injury have died as a result of the treatment.

The new label requirement includes a black box warning, a type of warning that is reserved for drugs with significant risks of serious or life-threatening adverse affects.

For more information on the FDA’s Botox warning, click here.

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Posted In: Birth Injury Treatment , Cerebral Palsy , Current Issues , Reports & Studies

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Illinois birth injury victims may get access to treatment that was previously unavailable to them thanks to new legislation recently signed by Governor Pat Quinn. Children with cerebral palsy and other developmental disorders such as Down syndrome and autism will soon be able to get treatment thanks to a new law that requires insurance companies to pay for speech, physical and occupational therapies. Specifically, the law requires insurers to extend coverage to “habilitative treatments,” which are those intended to teach new skills and maximize functioning. The law takes effect January 1, 2010.

For more information on how this new law will help children with cerebral palsy, click here.

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Posted In: Birth Injury Treatment , Cerebral Palsy , Legislation

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Earlier this week, a jury returned a verdict awarding $4 million in a medical malpractice lawsuit for birth injuries found to have been caused by a delayed c-section.

The injured baby’s mother had been pregnant with twins, but one died in utero. A few weeks later, doctors discovered that the surviving twin was in distress and determined that an emergency c-section was necessary. The operation was delayed for several hours, however, and the baby ended up being born with permanent brain damage that led to cerebral palsy and mental retardation. The award should help to guarantee that the child receives the necessary treatment that she will require for the rest of her life.

Read more about this delayed c-section case here.

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Posted In: C-Section Delay , Cerebral Palsy , Medical Malpractice Lawsuit , Survivial Action , Verdicts and Settlements

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When it comes to babies who are deprived of oxygen during birth, every second counts. Delays in the performance of c-sections can cause serious injuries to oxygen-deprived babies, such as brain damage and cerebral palsy. Hospitals and doctors can significantly reduce the length of c-section delays, however, by implementing quality improvement programs by doctors and hospitals, according to a new study published in this month’s issue of Obstetrics and Gynecology. In particular, the study found that, after 2 years of following such a program, the number of emergency c-sections that were delayed for over 30 minutes was reduced by up to 30% in some situations. These findings suggest that many devastating birth injuries could be prevented if hospitals and doctors simply implemented programs to address the delays.

Click the following link for more information about the quality improvement program study and its findings.

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Posted In: Birth Injury Prevention , C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Reports & Studies

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Scientists at Northwestern University in Evanston, Ill., have developed two compounds that may be effective in protecting against cerebral palsy. The findings from their experiments with rabbits suggest that the compounds may have prevented the development of the disorder, which would have otherwise developed, following a lack of oxygen to the fetus. Notably, all of the fetuses born to mother rabbits that were treated with the compounds survived, whereas, over half of those without treatment died. Perhaps most impressive is that 83% of the animals treated with one of the compounds were born without any characteristics of cerebral palsy at all. More testing is necessary before they can conclude that the compounds will work to prevent birth injuries in humans, but these findings bring hope that infants subjected to birth hypoxia, such as those who suffer umbilical cord compression during labor, need not suffer permanent brain damage.

Read more about this exciting cerebral palsy prevention breakthrough in an article published by US News & World Report.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Fetus/Fetal Asphyxia , Lack of Oxygen to Fetus , Reports & Studies

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There are serious risks, both to the mother and her baby, when having a “natural birth” after having delivered an earlier child by c-section. The procedure, known as vaginal birth after cesarean (VBAC, for short), has been shown to cause serious injuries. For instance, there is a risk of the mother suffering a uterine rupture, which can be fatal to both her and her baby. There is also a chance that the VBAC will cause the baby to suffer oxygen deprivation (or birth hypoxia), leading to brain damage and cerebral palsy. These risks are compounded by doctors’ errors such as hesitation to perform the delivery or delaying a c-section. Recognizing that the decision to proceed with a VBAC may cause these birth injuries, and potentially be grounds for pursuing a medical malpractice lawsuit, many doctors are now refusing to perform them, opting instead for another c-section delivery.

Read more about the risks of VBACS, and the difficulties of finding doctors willing to perform them, in an article by Time Magazine.

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Posted In: C-Section Delay , Cerebral Palsy , Current Issues , Death During Child Birth , Fetus/Fetal Asphyxia , Lack of Oxygen to Fetus , Uterine Rupture

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New research, presented at the Third International Cerebral Palsy Conference in Sydney, Australia, indicates that babies born in the breech position (feet-first) are 4 times more likely to develop cerebral palsy later in life than babies born in the normal (head-first) position. According to Diana Heggie, President of Cerebral Palsy Australia, knowing the risk factors of the developmental disorder is just as important as being aware of its current treatment.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Reports & Studies

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A new study by scientists from the Center for Disease Control (CDC) and Danish researchers has found that babies born to mothers who develop infections while pregnant have a greater risk of having cerebral palsy. Specifically, the study found that the risk of cerebral palsy was increased by 3 to 6 times when the mother had developed infections such as urinary tract infections. This research suggests that missed or delayed diagnoses of the infections, resulting in a lack of early treatment, may cause this birth injury in some babies.

Read more about the pregnancy infection study here.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Reports & Studies

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Last Friday, a jury in a medical malpractice trial awarded $4.4 million to the parents of a child who suffered a severe brain injury at birth. Three days before her scheduled induction, the mother went to the hospital with nausea and vomiting. A fetal heart monitor showed that the baby was in dire stress and in need of an emergency c-section but a nurse misread the data. This delay lead to prolonged oxygen deprivation, causing her daughter to suffer severe brain damage and later develop cerebral palsy. She died a year ago, at the age of less than 4 and a half, of complications from the disorder.

Read more about this birth injury trial here.

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Posted In: C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Medical Malpractice Lawsuit , Verdicts and Settlements , Wrongful Death

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The umbilical cord delivers oxygen-rich blood to the fetus. During labor, the cord can become stretched or compressed, interrupting this vital flow. Umbilical cord compression is a relatively common condition, occurring about once every ten deliveries, and often transpires when the cord becomes caught between the baby’s head and the mother’s pelvic bone or when it becomes wrapped around the baby’s neck. Once this happens, the blood flow is interrupted and the level of oxygen that the baby receives begins to decrease. If the baby is deprived of oxygen for a significant amount of time, a condition called hypoxia, it can develop severe injuries including brain damage, cerebral palsy, blindness, deafness, or developmental delays. Fortunately, this deprivation is detectable. The diminished blood flow can cause short and sudden decreases in the baby’s heart rate, which become visible on a fetal heart rate monitor. Often times, when this is detected, simply administered oxygen to the woman to increase the amount available to the baby is sufficient. In some cases, however, if the baby’s oxygen level is extremely low or if it begins showing other signs of distress, it is necessary to deliver the baby as soon as possible and the doctor may have to perform an emergency c-section. Under these circumstances, time is essential. Mistakes and carelessness by doctors and nurses that delay the operation amount to medical malpractice and can cause permanent brain damage to the baby.

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Posted In: C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Umbilical Cord Compression

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While babies can develop cerebral palsy a number of different ways, including as a result of medical negligence during birth, premature babies have a significantly higher risk of developing the developmental disorder than babies carried full-term. In fact, about a third of all cases of cerebral palsy occur in pre-term births. Evidence from a new Cochrane Review study, however, indicates that treating women at risk of very preterm birth with magnesium sulfate may increase the baby’s chance of being born free of cerebral palsy by as much as 32 percent. The treatment was also found to decrease the chance of developing other major movement disabilities by 39 percent.

Read more about the magnesium sulfate study here.

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Posted In: Birth Injury Prevention , Cerebral Palsy , Pre-term Birth , Reports & Studies

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Surviving birth may have been only half the battle for the controversial octuplets born last week to a 33-year single mother from Southern California. Although none of the infants suffered any birth injuries, they were born premature, putting them at an increased risk of developing cerebral palsy and other developmental disorders. A new study that looked at late pre-term births found that babies born between the 30th to 33rd gestation weeks may be almost 8 times more likely to have cerebral palsy than babies that were carried the full 37 weeks. The octuplets were carried just 30 weeks. The infants’ doctors have recognized their heightened risk and have stated that they will closely monitor the babies for symptoms that may develop at a later time.

To learn more about the risks facing the babies, and to read about the octuplet mother’s interview on NBC, click here.

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Posted In: Cerebral Palsy , Current Issues , Pre-term Birth

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New research indicates that infants born just a few weeks prematurely are over three times more likely to develop cerebral palsy than full-term infants. The new study, sponsored in part by the March of Dimes, found that the earlier an infant is born, the higher the risk of some neuro-developmental problems. According to the research, babies born between the 30th to 33rd gestation weeks were almost 8 times more likely to have cerebral palsy than babies that were carried full-term (37 weeks).

Read more about the study here.

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Posted In: Cerebral Palsy , Pre-term Birth , Reports & Studies

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She was told by both her family doctor and her obstetrician that the antidepressant she was taking, Effexor, was safe for her to continue taking through her pregnancy. Within hours of her son's birth, however, it became clear that he had suffered from a birth injury. He was admitted to the natal intensive care unit after suffering from seizures and breathing difficulties and later diagnosed with cerebral palsy. Now, 3 1/2 years later, the disorder forces him into a wheelchair and he can’t hold a crayon to draw or speak properly. This mother's story should be a lesson to physicians who consider prescribing antidepressants to pregnant women.

Click here for the full article.

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Posted In: Cerebral Palsy

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Cerebral Palsy is thought to occur from a brain injury suffered either by the fetus, resultant from a birth injury, or as a result of a trauma sustained by the child shortly after birth. Attempts to reduce the occurrence of medical negligence and doctor error during birth may help to reduce the rate of cerebral palsy occurring in American births. Although Cerebral Palsy is the largest developmental disability affecting children in the United States today, there is no American system for tracking the occurrence of the disability. To read more about cerebral palsy, please click here.

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Posted In: Cerebral Palsy

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A medical malpractice lawsuit regarding a birth injury causing cerebral palsy has been recently filed in St. Clair County, Illinois. The suit alleges that doctors failed to appropriately resuscitate a baby after birth and did not ensure that the infant was properly intubated and monitored at St. Louis University Memorial Hospital causing brain injury. Allegedly, these medical mistakes led the baby to develop cerebral palsy, a disorder of muscle coordination and movement control that is also associated with seizures, cognitive limitations and sensory impairments. For the full story, click here.

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Posted In: Cerebral Palsy , Current Issues , Medical Malpractice Lawsuit

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Serious birth defects may be linked to injections of the drug Dysport, similar to popular anti-wrinkle treatment Botox. A birth injury was reported in Australia when a baby was born deaf and blind after the mother was given facial injections of Dysport during the first week of gestation. The drug, a botulinum type A toxin like Botox, has known side effects in patients such as facial paralysis, dizziness, visual disturbances, fatigue, difficulty swallowing, anxiety and hallucinations. Botox has also been linked to deaths of children with cerebral palsy in the past. For the full article, click here.

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Posted In: Cerebral Palsy , Current Issues , Reports & Studies

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A jury awarded a child with cerebral palsy $20.5 million in a medical malpractice lawsuit that was filed as a result of mistakes that occurred at the time of the child’s birth. The case involved the June 2001 birth of a boy who has been diagnosed with cerebral palsy. The family alleged that the disability was caused by damage to the brain during a four hour delay in his delivery. The medical malpractice lawsuit states that after the mother arrived at the Community Medical Center she was hooked up to a fetal monitoring system which demonstrated that the baby was in distress, yet the doctor did not arrive to deliver the child for approximately two hours, and even after his arrival, attempts were made to induce labor instead of doing an emergency caesarean section. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family successfully argued that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. Cerebral palsy is a motor disability which is caused by brain damage that can occur before, during or immediately after birth. The family was able to successfully argue that the doctor and hospital’s failure to do an immediate c-section resulted in a lack of oxygen to the baby’s brain, which resulted in the permanent brain damage. The boy is now 7 years old, requires 24 hour care, is unable to use his hands, is mentally retarded, blind and functions at the level of a 9 month old. The cerebral palsy malpractice lawsuit awarded the family $2 million for past expenses incurred by the parents and $18.5 million for the child’s pain and suffering, lost earning capacity and future medical expenses. To read the full story, click here.

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Posted In: C-Section Delay , Cerebral Palsy , Lack of Oxygen to Fetus , Verdicts and Settlements

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A jury has awarded $20.5 million in a medical malpractice suit to the family of a child with lasting medical problems caused by mistakes made at his birth. The judge stated that it was the largest award in a medical malpractice case in his 10 years on the bench. The jury found the doctor and hospital negligent in their treatment of the child's mother during the delivery.

A fetal monitoring system indicated that the baby was in distress so the hospital called the doctor but he did not show up for two hours. During this delay, the baby was deprived of oxygen. After the doctor arrived, rather than performing an emergency c-section, he decided to induce labor, which forced the baby to remain oxygen-deprived. When it finally became clear to the doctor that the baby had to be removed, it was too late. The delayed c-section was finally performed nearly four hours after the mother had arrived at the hospital, after the baby had already suffered permanent brain damage. The baby was born with cerebral palsy. He is almost completely blind, has no use of his hands, has severe mental retardation. The boy is now 7 but, because of his birth injury, he functions at the level of a 6 to 9-month old.

The family will receive $2 million health care expenses and related costs. The child was awarded $18.5 million, which he will receive upon turning 18, for lost earning capacity, pain and suffering and medical expenses. Almost all of the money will be used for his care, since he will require 24-hour care for the rest of his life.

To read the full story, click here.

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Posted In: Cerebral Palsy , Lack of Oxygen to Fetus , Medical Malpractice Lawsuit , Verdicts and Settlements

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A Wisconsin jury awarded $11.4 million to the parents of a child born with Cerebral Palsy, and found a nurse and midwife at Gunderson Lutheran Medical Center negligent in the child’s delivery, causing the brain damage. The lawsuit alleged that the baby was deprived of oxygen due to a delay in his delivery and that the mother was administered the drug Pitocin in frequent and increased dosages without a physician’s order, in violation of hospital policy, which caused additional stress to the fetus and an abnormal contraction pattern.

The child suffers from Cerebral Palsy and other permanent personal injuries. He is not expected to ever walk or talk and requires a feeding tube. The parents state that, while the jury award cannot give their child a normal life, it will help them to provide the therapy, treatment, and accommodations that their son will need throughout his life.
For the full story, click here.

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Posted In: Cerebral Palsy , Hypoxic Ischemic Encephalopathy (HIE) , Lack of Oxygen to Fetus , Medical Malpractice Lawsuit , Verdicts and Settlements

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Health Canada, the agency charged with protecting and maintaining Canada’s public health, is investigating 5 deaths associated with the use of Botox to treat neck and muscle spasms. The investigation includes two children with Cerebral Palsy who died after receiving the drug. Eight other serious adverse reactions are also being investigated. The agency indicates that a likely cause of these reactions is the spread of the drug’s botulinim toxin to other parts of the patient’s body following injection.

Botulinum toxin type A, a nerve toxin contained (in minute quantities) in Botox, is one of the most poisonous naturally occurring substances and it is the most toxic protein in the world. Exposure to the toxin in significant quantities can cause Botulism, which results in severe muscle paralysis. The drug commonly known for its cosmetic use is also widely prescribed for medical purposes. Many children with Cerebral Palsy receive Botox injections to treat the symptoms associated with the disorder. While some researchers laud the drug’s effectiveness in children with Cerebral Palsy, claiming that it enhances the benefits gained from occupational therapy, others warn that any benefits may be too subtle for the patient’s family to notice with any significance.

Although the FDA has not approved Botox for the treatment of Cerebral Palsy or other spastic disorders, many physicians in the U.S. continue to prescribe the drug “off-label.” In February, 2008, the FDA issued a public health warning announcing that Botox had "been linked in some cases to adverse reactions, including respiratory failure and death, following treatment of a variety of conditions using a wide range of doses," and it indicated that most of the severe side effects were reported among children with cerebral palsy.

In July, 2008, a California lawsuit was filed against Alergan, Inc., the manufacturer of Botox, on behalf of people who experienced adverse reactions to the drug, including serious injuries and death. The suit alleges that the Alergan violated federal regulations by marketing the drug for unapproved, or “off-label” use.

For the full story, click here.

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A jury found a hospital liable for medical malpractice and awarded $4.25 million to the family of a girl who, after a traumatic birth, was born with Cerebral Palsy and brain damage. The baby’s heart rate began to drop while the mother was lying in a hospital bed but the doctor had gone home for dinner. By the time another doctor arrived and performed an emergency Cesarean Section, the baby had been deprived of oxygen for 20 minutes.

The jury found that the hospital ignored signs of fetal distress, failed to notify a doctor in time to perform a timely emergency C-Section, and that this delay caused the child’s injuries.

The jury awarded compensation for past and future medical expenses, lost future earnings and pain and suffering.

For the full story, click here.

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Posted In: C-Section Delay , Cerebral Palsy , Fetus/Fetal Asphyxia , Hypoxic Ischemic Encephalopathy (HIE) , Lack of Oxygen to Fetus , Verdicts and Settlements

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A UK study found that prescribing antibiotics to women at risk of giving premature birth could increase the threat of their babies developing functional impairments and Cerebral Palsy. The study was aimed at testing whether the antibiotics erythromycin and co-amoxiclav would delay premature birth but a follow-up study instead revealed that the children of the women receiving the drugs had developed impairments at an increased rate. Specifically, children of women given erythromycin were found to be 18% more likely to suffer functional impairment and when women were prescribed both antibiotics their children’s risk of Cerebral Palsy nearly tripled, with 4.4% of their babies developing the impairment compared to 1.6% for mothers who were not prescribed the antibiotics.

Experts caution, however, that women with signs of infection should not feel reluctant to receive antibiotics because infections can represent serious risks and they point out that, in the study, the drugs were issued to women with no signs of infection.

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