A Child’s Cerebral Palsy Case Is Settled Out Of Court For $13 Million

Perry Larkin | August 8th, 2012

In confidential out-of-court negotiations, a Chicago family has been offered a global settlement with a present cash value of more than $13,000,000 for their child’s cerebral palsy. The cause of the birth injury was alleged to be medical negligence and they filed a birth injury lawsuit seeking compensation for their child. The settlement was reached on the eve of trial.

In the case, the plaintiff checked into the hospital for her child’s birth where she learned that her physician was not yet present. The “house doctor,” who had no formal obstetrics training, attended her labor. By the time the mother’s physician arrived, the baby was found in a depressed state and had suffered from low oxygen resulting in brain damage, specifically cerebral palsy.

The hospital and other defendants named in the lawsuit arrived at the $13 million settlement. Part of the settlement will be paid in cash and part will be set up as future payments. The agreement is designed to support the injured child for life.

Possible causes of cerebral palsy due to negligence

One of the most devastating birth injuries, cerebral palsy is often avoidable. When a child develops cerebral palsy, it has far-reaching consequences.

An afflicted child may suffer seizures, speech delays or difficulties, involuntary muscle movements, learning disabilities, stiffness or stillness, hearing and vision loss, and other signs of brain damage. In extreme cases, cerebral palsy sufferers may spend their life in a wheelchair and require constant care.

Cerebral palsy due to negligence can occur in a variety of ways, among them:

• Untreated infection in either the mother or baby

• Failure to respond to fetal distress, such as low oxygen

• Problems with the umbilical cord

• Misuse of forceps or other birthing techniques

• Failure to perform a C-section

Contact an attorney for help if your child suffers a birth injury

If your child has suffered a birth injury, the attorneys at Balkin & Eisbrouch can help. They understand the impact of a cerebral palsy diagnosis, and use their professional experience in birth injury lawsuits to provide the help and assistance you need.

Birth injuries can be life-changing not only for the infant, but also for his or her family. The parents of children who develop cerebral palsy as a result of medical negligence suffer horror, guilt over what might have been, and devastation. Faced with a lifetime of hefty medical bills, and possibly, a child who will never live independently, the families have a need for compensation. A settlement or jury verdict can help alleviate the financial burden of the present and future with ongoing treatments and medical care associated with your child’s injuries.

Your legal consultation is free, and we won’t charge any fees unless we’ve successfully secured monetary compensation for you, your family and your child.