Family of Child With Cerebral Palsy Files Birth Injury Lawsuit

Tracy Ray | January 1st, 2013

Birth Injury Cerebral PalsyOn November 15, 2012, a birth injury lawsuit was filed against St. Mary’s Medical Center and its medical staff in the 15th Judicial Circuit Court of Palm Beach County, Florida. The plaintiffs claim that the medical team who delivered the plaintiff mother’s baby did not provide an acceptable standard of care and that delay in performing an emergency C-section caused the baby to suffer brain damage resulting in cerebral palsy.

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Complaint details events leading to tragic outcome

The lawsuit details the events that resulted in the baby’s birth injuries. It states that the baby’s mother was admitted to the hospital because of premature rupture of the membranes on January 12, 2011. She was in her 25th week of pregnancy. Premature rupture of the membranes is dangerous because it can cause the baby to be born prematurely. There were also other risk factors in this pregnancy, because in a previous pregnancy the mother had experienced an abnormally high heart rate and hypertension. The physician prescribed antibiotics for the mother and ordered continuous monitoring of the fetal heart rate.

On January 26, 2011, a blockage in the mother’s intravenous tube occurred. The attending nurse tried to dissolve the blockage by giving the mother a medication called Cathflo, but the mother suffered a severe allergic reaction, which caused her shortness of breath, spasms, and a sharp drop in her blood pressure. Then a nurse saw that the fetal heart rate had also dropped to an abnormally low rate, and an emergency C-section was ordered.

The C-section began close to an hour after the mother first began having the allergic reaction to Cathflo. The lawsuit charges that this delay caused or directly contributed to the baby’s birth injuries.

Child will need lifelong care and treatment

When the infant was delivered by C-section, he weighed only 2.4 pounds and needed to be taken to the neonatal intensive care unit, where he was treated for apnea, slow heart rate, and respiratory distress. He was given a brain MRI which found that he had suffered brain damage which caused developmental delays and impaired motor skills. He remained in the hospital for three months, during which time he was diagnosed with cerebral palsy along with other neurological disorders. He was finally discharged on April 20, 2011.

The plaintiffs allege that the baby’s injuries were caused by medical malpractice and substandard care. They are seeking financial compensation for the child’s bodily injuries, disfigurement,mental anguish, diminished quality of life, loss of future earning capacity and other costs. The parents are also seeking damages for the medical expenses and lifelong treatment and care their son will need, as well as loss of consortium.

A cerebral palsy attorney can help recover damages

Caring for a child with cerebral palsy can put enormous emotional and financial stress on a family. If your child suffered a birth injury due to medical negligence or malpractice, call Balkin & Eisbrouch today. Our legal team will evaluate your case and work to recover damages for your child’s pain and suffering, medical expenses, and loss of income. Call today for a free consultation. There is no charge unless we win your case.