Cerebral Palsy Diagnosis Sparks Illinois Lawsuit

Perry Larkin | February 1st, 2013

Courthose  attorneyCerebral palsy is often the result of birth injuries and is a disorder that influences a person’s ability to coordinate body movements and development of motor skills. Cerebral palsy is caused by injuries that occur during early childhood or while the baby is still growing inside the mother’s womb. Such issues as bleeding in the brain, oxygen deprivation, or infections can result in a baby suffering from brain abnormalities.

Signs of cerebral palsy include abnormal posture or walking; stiffness in the limbs; and delays in development during infancy. A child’s capabilities, even with cerebral palsy, can improve with rehabilitation, therapy, and medical treatment. The severity of the condition varies and the specific treatment must also vary in order to help each individual case as much as possible. Surgery, medical equipment, prescription drugs, occupational therapy, and speech therapy are also tools to assist the child to improve health wise and with functionality.

Hospital accused of negligence in cerebral palsy case

A case filed on November 8, 2012, in the Circuit Court of Cook County, Illinois County Department, Law Division alleges that the medical staff at The John H. Stroger, Jr. Hospital of Cook County committed medical malpractice in the treatment of a baby born to an Illinois family.

It is alleged that the medical staff was negligent in treating the mother and their failure to provide adequate care resulted in the child suffering birth injuries that led to cerebral palsy. The baby now also suffers from developmental delays, seizures, and cognitive defects.

The lawsuit asserts that the hospital and staff did not perform their duties up to the expected standard of treatment for the circumstances. The plaintiffs seek compensation for loss of earnings, loss of future earnings, pain and suffering, mental anguish, medical costs, and other damages.

Child suffers from cerebral palsy and other complications

The mother of the child went to the hospital on May 3, 1999 experiencing contractions and leaking fluid. She was 42 weeks pregnant at the time. 42 weeks and onward is viewed as “post-term.” This means that a pregnancy after 42 weeks increases the risk of childbirth complications. These babies have a tendency to be born overweight. There is an increased danger of injury when a vaginal delivery is attempted in a case such as this.

A Cesarean section is viewed as safer than a vaginal birth in this type of situation, but rather than perform a C-section, the obstetrician and medical professionals tried to deliver the baby vaginally. After birth, the child was sent to the neonatal intensive care unit suffering from acidosis, respiratory depression, and exhibiting limited movement of the left hand—a sign of nerve damage.

The child suffers from cerebral palsy, cognitive deficits, developmental delays, seizures, and other permanent injuries.

Contact an experienced birth injury attorney today

The cerebral palsy lawsuit states that the failure to perform a C-section delayed the child’s birth and led to the otherwise preventable injuries.

If you or a family member have suffered from cerebral palsy due to  negligence and medical malpractice on the part of the doctor or hospital you entrusted with the care of your child, you have legal recourse to try and recover damages for the injuries.

Balkin & Eisbrouch has over 40 years of experience with birth injuries such as cerebral palsy. Our team of dedicated professionals can help you with your case to receive compensation for pain and suffering, lost earning capacity, medical expenses in the present and future, and mental and emotional distress.

The consultation with Balkin & Eisbrouch is always free and we receive no money unless you win your case. Call today to set up an appointment and we will help you.

Call 855-60 BIRTH for a free evaluation of your case. Call today.