Birth Injuries Archives

FDA Sued Over Documents in Birth Defects Lawsuit

February 2, 2012 by admin

Birth Defects Lawsuit

The Food and Drug Administration (FDA) has been hit with a lawsuit alleging it failed to turn over documents regarding the use and distribution of the morning sickness drug thalidomide despite repeated requests by attorneys who have filed a birth injury lawsuitagainst the companies involved with the drug.

Law360 (subscription required) reports the FDA is being sued for allegedly violating the Freedom of Information Act by failing to fulfill requests for records pertaining to a case against GlaxoSmithKline PLC and other drug companies. The underlying birth injury lawsuit alleges GlaxoSmithKline and other defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint, filed on behalf of 13 people who were born with severe birth defects, also claims thalidomide was distributed to more than 20,000 people by Smith Kline & French (the predecessor GlaxoSmithKline) despite the fact that the drug never received FDA approval.

If you or a loved one have been affected by medical negligence during the birth of a child, you may want to speak to a birth injury attorney about filing a birth injury lawsuit.

Filed Under: Birth Defects News, Birth Injuries, Cerebral Palsy Birth Injuries

Cerebral Palsy Victim becomes Doctor

February 2, 2012 by admin

Cerebral Palsy Victim

Cerebral palsy is a serious birth injury that affects many families in the U.S. The birth injury causes lifelong challenges to both victims and their families, making it difficult to achieve life goals. That’s why this story is so heatwarming and inspiring.

Tyler Sexton was born in February 1986, 12 weeks earlier than expected. Soon after the birth, his lungs collapsed and posed such a danger that his parents were told that he would probably not live. Even after pulling through the ordeal, he was eventually diagnosed with spastic diplegia, a form of cerebral palsy. He was 18 months old when his parents noticed that he was not able to sit up or crawl very easily. Because the cerebral palsy affected his lower extremities, doctors predicted that he would spend the rest of his life in a wheelchair.

However, Tyler committed himself to proving doctors wrong and worked with a physical therapist beginning at age three when he received his first walker.

“It was just embedded in me,” Tyler said. ”My parents instilled in me such a perseverance. If Mom and Dad say I can walk, then I can walk.”

After spending years improving his balance and muscle control through therapy and undergoing 16 surgeries, Tyler learned to walk on his own. He also learned to get around independently with the help of a Segway and his golden retriever service dog named Danny. After graduating magna cum laude from the University of Southern Florida in 2007, Tyler enrolled in the University of Sint Eustatius School of Medicine to become a doctor.

Despite application denials from interviewers at other medical schools and warnings that patients did not want a doctor who was disabled, Tyler graduated from medical school this June with a medical doctorate in hyperbaric medicine.

Currently an adjunct professor at the university, he has already passed the medical boards and is currently interviewing for residencies. He and his mother have also written a book, God Bless These Little Legs, documenting his battle with cerebral palsy.

“I am an example that all things are possible, and I can tell a patient that I know how they feel and mean it,” he said.

If you or a loved one have given birth to a child with cerebral palsy, there are treatment options available that may be able to help the child overcome some of the disabilities they are facing and lead a normal life. Speak to a birth injury attorney at American Law Partners today to learn whether it is possible to bring a lawsuit against a doctor or medical center that may have caused the birth injury.

Filed Under: Birth Injuries, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Mother Awarded $1.4 Million in Grisly Birth Injury Lawsuit

February 2, 2012 by admin

Birth Injury Diagram

In an unusually grisly birth injury case, a Louisville-area mother was awarded $1.4 million in damages by a jury following the accidental decapitation and death of her premature baby during delivery.

According to the Louisville Courier-Journal, Micheatria Donelson was approximately 21-24 weeks pregnant on February 23, 2006, when she was admitted to Norton Suburban Hospital complaining of bleeding. A coughing fit the next day sent her into early labor. Despite her calls for help, Donelson claimed doctors and nurses did not come to her aid for five minutes.

Donelson’s lawsuit alleged that when the emergency delivery got underway, Dr. Joseph Bilotta failed to remove a cerclage – a string that is similar to a shoelace – that had been inserted to keep the cervix closed so the child would remain in the womb. As a result, the cerclage acted as “a noose” and helped decapitate the child when Bilotta pulled during the delivery.

Bilotta alleged that while he initially attempted to deliver the baby with the cerclage still in, he eventually removed it because delivery was “physically impossible” otherwise, according to the Courier-Journal.

Donelson’s view was not restricted during delivery, and doctors sutured the child’s head back onto the body following the incident so she could hold him throughout the night and next day. Donelson alleged that the situation left her depressed and led to her abandoning a career working with children.

The jury found Bilotta to be 43 responsible for this tragic case and his medical partner Dr. William Koonts, 57 percent responsible. The lawsuit had initially asked for $18 million in damages.

If you or a loved one have been affected by medical negligence during the birth of a child, you may want to speak to a birth injury attorney about filing a birth injury lawsuit.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy

Cerebral Palsy Victim Can Afford Care After iPhone Game Fundraiser

February 2, 2012 by admin

While we have heard of handheld devices such as the iPhone or iPad being used as part of therapy programs for children with cerebral palsy, an actual game being developed to raise money for a child with a birth injury is a new – and to us – fantastic idea.

According to the video game publication Gamepro, mobile developer Big Ideas Digital has launched a charity drive involving one of its iPhone games – Say What You See: The Collection – to raise money for a 5-year-old girl born with spastic dyplegic cerebral palsy.

Grace Windram was diagnosed with the birth injury – which affects muscle control in the legs, arms, mouth, and tongue – after she was born prematurely in 2006. After undergoing treatments, she still is unable to walk. There was hope that this could change after Grace was accepted to receive intense physiotherapy that could teach her to walk at the St. Louis Children’s Hospital.

However, the price tag for the complicated procedure (approximately $68,000) presented a road block. Grace’s parents would have to raise money so they could afford the medical bills. Enter, Big Ideas Digital.

The mobile game developer launched a charity drive in September, selling a 99 cent update to their iPhone game consisting of a new level (called “Grace’s Tunes”) in which the user has to find 50 well-known cartoon names in a Road Runner-themed backdrop

In eight weeks, the drive has raised approximately $30,000, more than enough to help the Windrams start to pay for the procedure.

“We will be eternally grateful for the generous support that Big Ideas has given Grace’s Fund,” said Helen Windram, Grace’s mother.

Medical costs can escalate quickly if you are caring for a child with a birth injury such as cerebral palsy. Speak to a birth injury lawyer at American Law Partners today to learn more about possibly pursuing a lawsuit that could result in a monetary settlement to fund medical care for your child in the years to come.

Filed Under: Birth Injuries, Birth Injury Lawyer, Birth Injury Lawyers, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Cerebral Palsy Patient to Debut New Show on Oprah Winfrey Network

February 2, 2012 by admin

After gaining Internet fame for an audition video posted as part of a reality show contest led by television diva Oprah Winfrey, wheelchair-bound cerebral palsy survivor Zach Anner will star in his own show documenting his travels and exploits around the world.

The show, titled “Rollin’ with Zach,” will premiere December 12 on OWN: Oprah Winfrey Network and hopes to raise awareness regarding cerebral palsy while also showing that those afflicted with it are able to lead productive and exciting lives.

Anner was something of an Internet star before he submitted an audition video to “Your OWN Show: Oprah’s Search for the Next TV Star,” a reality show that promised to give its winner a deal to create an original series on OWN. Some 15,000 auditions were submitted for the reality series. Anner was one of two contestants chosen to create their own show.

“Rollin’ with Zach” is a travel show where Anner “explores the country, meets new people, indulges in his favorite treats, and attempts new and exciting experiences he never imagined possible.” In each episode, Anner travels to a city and conquers a “Top Five” list of activities for that area that range from surfing and sailing to appearing as a contestant on “The Price is Right”.

Anner’s show will demonstrate that while cerebral palsy is a devastating condition, those afflicted with it can live fulfilling lives if they receive the proper care and treatment.

If you or a loved one have a child with a birth injury such as cerebral palsy, you may be able to take legal action. Pursuing a cerebral palsy lawsuit could result in a substantial monetary settlement to help fund any treatment and/or assistance your child needs for the remainder of their life. Speak to a birth injury attorney at American Law Partners today for a free consultation.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Florida Couple wins $4.5 million in Birth Injury Lawsuit

February 2, 2012 by admin

A West Palm Beach, Florida, couple has been awarded $4.5 million in a birth injury lawsuit levied against the doctors who did not properly anticipate and care for their child, who was born with no arms and only one leg.

The Palm Beach Post reported that Ana Mejia and Rodolfo Santana were awarded the money – half of the $9 million they were originally seeking – to help fund a life plan for their son, Bryan, so he could live a comfortable life for an estimated 70 years. The $9 million plan maps out costs for prosthetics, wheelchairs, medical care, and assisted living needs over that time span.

“Ana and Rodolfo Santana know their mental anguish and their emotions are not important,” said Robert Bergin, the couple’s attorney. “The only thing that will help make up for their mental anguish is to know Bryan’s life plan is fully funded.”

The jury ruled in the couple’s favor after deciding that sonograms taken prior to Bryan’s birth were read incorrectly by doctors and technicians and failed to pick up his disabilities. The couple stated during the trial they would have terminated the pregnancy had they known about Bryan’s disabilities.

While Bryan’s situation is an unfortunate one, it is good to know that this birth injury lawsuit will help him pay for any medical costs he needs throughout his life.

If you or a loved one has given birth to a child that now suffers from a birth injury caused by a doctor’s negligence, it may be possible to pursue a birth injury lawsuit. Contact a birth injury lawyer at American Law Partners today to learn more about your legal options.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury Lawyer, Birth Injury Lawyers, Birth Injury News

Honor Those with Cerebral Palsy during National Disability Employment Awareness Month

February 2, 2012 by admin

Birth injuries such as cerebral palsy are a life-long condition. So many adults who were born with cerebral palsy must cope with it as they live their lives, maintain families, and work full-time.

With the U.S. Labor Department celebrating October as National Disability Employment Awareness Month, we thought it would be appropriate to take a moment to honor cerebral palsy patients who contribute so much to the workforce.

Cerebral palsy is a term used for a group of conditions that are caused by injuries or abnormalities of the brain and nervous system that most often occur while the baby is still in the womb. Many times, cerebral palsy can develop due to medical negligence.

Severe cases of cerebral palsy often require regular medical assistance and can significantly hamper one’s ability to move. However, other cases may be much more manageable and allow the individual to live a mostly independent and self-sufficient life, which may include pursuing a full-time career.

National Disability Employment Awareness Month was created to help appreciate the work that disabled individuals do in the workplace every day that may otherwise go unnoticed, said Kathy Martinez, the assistant secretary of labor for disability employment policy.

“Return on investment means hiring the right talent,” said Martinez. “Workers with disabilities represent all skill sets and are ready to get the job done. This year’s theme focuses on improving employment opportunities that lead to good jobs and a secure economic future for people with disabilities and the nation as a whole.”

National Disability Employment Awareness Month also attempts to instill ideas of creating a welcoming and inclusive workplace for people with disabilities so they can gain dignity, respect and self-determination through their profession.

The history of National Disability Employment Awareness Month dates back to 1945, when Congress enacted a law declaring the first week in October each year “National Employ the Physically Handicapped Week.” By 1988, Congress expanded it to the full month of October and adjusted the name accordingly. The U.S. Department of Labor’s Office of Disability Employment Policy has handled awareness responsibilities for the month since 2001.

If you or a loved one have a child who suffered a birth injury and now suffers from a form of cerebral palsy that may have been caused by medical malpractice or negligence, it may be worth considering a birth injury lawsuit. Speak to a birth injury lawyer at American Law Partners today to learn more about the legal options that may be open to you.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury Lawyer, Birth Injury Lawyers, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Cerebral Palsy Patients Seek Out Missouri Doctor for Innovative Treatment

February 2, 2012 by admin

Cerebral palsy is a condition typically contracted through birth injury and the treatment options are few. One Missouri doctor may be changing that with a new, innovative cerebral palsy treatment.

While a number of treatments are available for those with cerebral palsy, a new treatment from the St. Louis Children’s Hospital that has been perfected by neurosurgeon Dr. T.S. Park has become a popular option for those who can afford the treatment and make the trip to Missouri.

Dr. Park’s specialty is the selective dorsal rhizotomy, a procedure that was developed more than 30 years ago that involves the cutting sensory nerves in the bottom of the spine to relieve muscle rigidness that often is caused by cerebral palsy. Cerebral palsy patients who have trouble walking are the most common recipients of the procedure and have shown considerable improvement in their ability to walk as a result.

Park is known for developing a less-invasive technique of the procedure that involves removing bone from one vertebrae to locate the spasticity-causing nerves. He has performed his version of the procedure – which has fewer long-term back complications and side effects – since 1991.

Park’s procedure has gained even more popularity in recent years as international patients, particularly ones from the UK, have begun making the long trip for it. His peers have also heaped praise upon him for the work he has put into the procedure.

“His findings are absolutely fundamental and influential,” Dr. Ralph Dacey Jr., the Washington University chairman of neurological surgery, recently told a WU magazine, according to St. Louis Today. “He is one of the few people in the world to have perfected the technical aspects of this procedure, and he has systematically studied its effectiveness and role in the overall treatment of cerebral palsy.”

Some hurdles that families who want to sign their child with cerebral palsyfor the procedure may initially face may regard financing, as the procedure is expensive. However, if your child’s development of cerebral palsy may have been caused by medical negligence or doctor error, it may be worth pursuing a cerebral palsy lawsuit.

Speak to a birth injury attorney today to learn more about a lawsuit that could result in a substantial monetary award to help fund medical treatments, such as a selective dorsal rhizotomy, for the rest of your child’s life.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Children with Cerebral Palsy Benefit from New Device

February 2, 2012 by admin

If soon-to-be published results from a recently completed clinical trial are any indication, a new device developed by an Israeli medical company may eventually be able to help children with cerebral palsy learn to walk.

MediGait, a company headquartered in Haifa, Israel, and founded by Israel Institute of Technology professor Yoram Baram, recently conducted a clinical trial for its new product: the GaitAid. The device consists of a pair of virtual reality goggles with headphone to provide audio and visual stimulation, as well as small unit that is clipped onto the patient’s pants.

Movements tracked by the unit are recognized and replicated through the goggles and headphones to give the illusion of movement.

The clinical study tested the product on 10 children with cerebral palsy, and 10 similarly aged children who were not born with birth injuries. During the study, children used the device to walk along a 10-meter path for 20 minutes. After a break, the children walked the path again, but this time without the device and while being measured for improvements in their muscle abilities.

Results from the study found that all children in the study who had cerebral palsy “gained a significant improvement” in the ability to walk, while the children with no birth injuries showed no difference.

Furthermore, the degree of improvement was found to be proportional to the rate of disability, meaning that children who had a greater difficulty walking prior to using the device ended up benefitting from it the most.

The paper describing the study is already available online, and the findings were recently accepted for publication in the Neuromodulation Journal.

If your child was born with cerebral palsy, finding the right medical care and rehabilitation options are a primary concern, no matter the financial costs. If you believe your child’s birth injury was caused by medical negligence, there may be legal options worth pursuing that could result in a substantial compensation. Speak to a birth injury attorney at American Law Partners today to learn more.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries

Engineer Creates ‘Frankenkindle’ for Sister Suffering from Cerebral Palsy

February 2, 2012 by admin

An electrical engineer from California has taken utilized his technical know-how and created a “FrankenKindle” to help his sister who suffers from cerebral palsy.

Using a “hacked” Kindle eBook reader, six large buttons taken from a V.Reader childrens’ eBook device, a few planks of wood, and an array of wiring and circuitry, Glenn from Santa Cruz, California, was able tofashion together a device for his sister, who suffered the birth injury and now has difficulty with basic motor functions.

In order to accommodate her limited motor functions, the larger buttons from the V.Reader are rewired to perform the basic commands on the Kindle and allow her to read books. Everything is connected through a series of circuits that are housed behind the Kindle in wood casing.

Glenn currently has assigned functions to all six of the V.Reader buttons. He added in a YouTube video that he was thinking of adding new function buttons during “later revisions” to the device in the future.

While Glenn only made the device for his sister and makes no mention of producing more versions of it, his story does show the great lengths that some families must go to in order to make life easier for loved ones suffering from cerebral palsy.

If you would like to pursue a potential birth injury lawsuit in order to receive a financial settlement that could fund medical costs for your loved one, contact a cerebral palsy lawyer at American Law Partners today to learn about your legal options.

Filed Under: Birth Injuries, Birth Injury Attorney, Birth Injury Attorneys, Birth Injury News, Cerebral Palsy, Cerebral Palsy Birth Injuries