The Star News reported yesterday on the end of a cerebral palsy lawsuit that was a long-time in the works. The suit was filed by a family whose daughter was permanently injured due to a childbirth error in 1984. According to the accusations made in the lawsuit, the victim’s mother went into labor in the morning in January of 1984. The birth was supposed to be routine, but it did not end up that way. The girl was born without proper oxygen flow into her brain. The mother recalls she came out a shade a blue and was silent, without the usually cry heard from healthy newborns.
The family soon learned that the girl was born with a severe brain injury-cerebral palsy-and would need constant care throughout her life. Over the years the family has been to countless doctors, therapists, and other medical experts. They knew that something went wrong during the birth, but they did not know that there was anything they could do after the fact to hold those involved accountable.
Now twenty eight years old, the woman lives at an assisted care facility. She works at a candle manufacturing plant. He parents still provide close care, driving her to work and providing aid with basic tasks, like getting dressed and undressed. As the child (now woman) aged the family began worrying about what would happen to her once the parents were gone. That is why they eventually sought out the help of a birth injury lawyer. The lawyer initiated a suit which ultimately lasted over eleven years.
Finally, after the prolonged legal battle, a jury ruled that the girl’s injuries were caused by medical negligence which allowed her to be deprived of oxygen for a prolonged period of time while in utero. More specifically, the court ruled that a nurse did not properly monitor the child’s heartbeat. The jury returned a verdict for the family for $8.5 million.
Our Illinois cerebral palsy lawyers know that many families in our area have the same concerns. Victims of these birthing problems-particularly when a brain injury accrues-often need lifelong care. They frequently need assistance with the most basic essentials of life. Of course, the injured child’s family usually provides the services that are needed for the victim to get by each day. However, there is the problem of what happens when the individual’s support group is no longer around. Parents always assume that their children will out-live them, and so those parents who are providing care to children with various injuries are understandably concerned about that happens when they are no longer around.
When the underlying medical problem was caused by negligent care received at birth, than a medical malpractice lawsuit demanding redress for the costs of the error is reasonable. These suits are often important ways for families to ensure that their loved one will receive the best care possible down the road-when the parents have moved on. If you or someone you know is in this situation in our area, there is little to lose by at least visiting an Illinois birth injury lawyer, sharing your story, and seeing if anything can be done.
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