Illinois Cerebral Palsy Lawsuit Charges Misuse of Equipment

Emma Gonzalez | April 11th, 2012

On January 20, 2012, Jennifer Schuster filled a lawsuit due to a birth injury in the Circuit Court of Cook County, Illinois against Palos Community Hospital after her daughter, Selena Schuster, was born with cerebral palsy, liver damage, and a brain hemorrhage. Schuster’s lawsuit claiming cerebral palsy asserts that the hospital staff did not warn her of the possibility of birth injuries during labor, as well as misuse of delivery equipment.

Plaintiff Files Cerebral Palsy Lawsuit

On January 7, 2005, Schuster gave birth to daughter Selena at Palos Community Hospital. During labor, the plaintiff allegedly experienced membrane rupture, a condition that can cause birth injuries due to infection. Schuster alleges that the hospital did not warn her of the risks associated with her condition, and did not inform her that it could cause birth injuries. Furthermore, her cerebral palsy lawsuit states that hospital staff misused delivery equipment and did not order a cesarean section, which should have been recommended.

Birth Injury Malpractice Cause of Cerebral Palsy

Cerebral palsy is a permanent and life-altering condition that may be caused by birth injuries, including brain damage. More than 15 million people worldwide have been diagnosed with cerebral palsy, and report side effects including tight muscles, lack of muscle control, seizures, and limited movement. The condition may also cause cognitive impairments and vision and speech problems. Children born with cerebral palsy face a lifetime of medical care, as well as ongoing medical costs and a reduced quality of life. Birth injury lawsuits address these concerns, and request compensation for past and future costs of care.

Birth Injury Lawsuit Alleges Delivery Mistakes

In some cases, cerebral palsy can occur when a delivery team makes mistakes during childbirth. For example, if doctors fail to deliver a baby before his or her oxygen supply is compromised, the child may suffer brain damage resulting in cerebral palsy. Schuster’s lawsuit makes this claim, stating that medical professionals failed to properly use forceps and a vacuum to quickly deliver her daughter. Her birth injury lawsuit also claims that the hospital should have recommended a C-section, since her delivery was strained and Selena was under duress. Schuster’s case alleges that, had this occurred, her daughter may not have developed cerebral palsy.