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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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HUD officials announced this week that they have charged the landlords of an Iowa apartment building with violating the Fair Housing Act after refusing to properly accommodate the family, which has a seven-year-old daughter who suffered the childbirth injury.

As part of her treatment, the girl had previously received a Labrador retriever as a medically-prescribed emotional support animal. However, when the mother and daughter moved into an apartment owned by John and Nancy Meany, the landlords refused to modify a “no pets policy” for the apartment.

Despite the mother’s ability to provide documentation of the need for the dog to live with her daughter from her pediatrician and therapist, the landlords still refused to allow the dog unless they received a $200 deposit and a $25 monthly rent increase.

The mother and daughter felt the need to move, and eventually did so to another apartment that cost more and was farther away from the daughter’s school.

“Threatening parents with eviction for requesting an emotional support animal for a child with disabilities or charging more for having one is against the law,” said John Trasviña, the HUD assistant secretary for fair housing and equal opportunity. “HUD is committed to ensuring that landlords comply with fair housing laws and provide the accommodations that may be necessary for tenants with disabilities to have the same opportunities to enjoy their homes.”

According to the HUD’s Fair Housing Act, it is “unlawful for landlords to refuse a reasonable accommodation in their rules, policies, practices, or services when needed to provide persons with disabilities an equal opportunity to use or enjoy a dwelling.” Landlords are also not allowed to “impose different rules and restrictions” under such circumstances.

While this is a very unfortunate and sad situation, hopefully the HUD’s intervention will help this family get the help they need. Regardless, this situation shows the difficulties – and expenses – that come with caring for a child with a birth injury. If you would like to pursue a cerebral palsy lawsuit against the doctors who caused your child’s birth injury, contact a birth injury attorney at American Law Partners today.

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Stephen Wampler was born with cerebral palsy that has always limited his movement. Nonetheless, he was able to take up the rigorous sport of mountain climbing. Following a year of training with a rope and pulley system, Wampler set out to become the first person with cerebral palsy to ever climb El Capitan, a 3,000-foot mountain in Yosemite National Park.

The climb was originally meant to show children that anything can be accomplished with the right mindset while also raising money for his Wampler Foundation, which helps children with disabilities attend outdoor camps in the Sierra Nevada mountain range.

However, his six-day climb ended up doing more than that. In addition to earning him a nomination for an ESPY Award for “Male Athlete with a Disability,” it also was chronicled in a documentary film titled Wall: The Journey Up, which will premiere at a local park later this month.

“I was so exhausted, so dehydrated, so hungry, so sleep-deprived that after day one, it’s all a blur,” Wampler said of the climb.

Wampler is an example of how individuals born with cerebral palsy, or any other kind of birth injury, can succeed in life and overcome their obstacles with the proper treatments. However, for families who may have trouble affording the proper treatments, pursuing a financial settlement through a childbirth injury lawsuit may be a viable option. Speak to a cerebral palsy attorney at American Law Partners today to learn more about your legal options.

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According to Mashable.com, three-year-old Noah Rahman was born with “moderate” cerebral palsy that limited his speaking and cognitive abilities, while also hampering the fine motor skills in his upper and lower body.

In an attempt to improve his movement, Noah was given an Apple iPad when he turned two and quickly began using the device for 1-2 hours every day to read and write in English, Arabic, and Spanish while also playing with various apps.

Within a year, doctors began noticing significant improvements in Noah’s abilities. While his cognitive and motor abilities had been diagnosed as progressing 12 months slower than usual when he was two-years-old, both had caught up and returned to normal progression levels within four months of using the iPad. This stunning progress was attributed to the fact that the iPad is a more intuitive device in terms of communication skills than a computer mouse.

“Touch has made it exceptionally accessible — everyone has an iPad, everyone has an iPod,” said Michelle Diament, co-founder of the disability news website Disability Scoop. “If you’re someone with a disability, having something that other people are using makes you feel like part of the in-crowd.”

Furthermore, the variety of inexpensive touch-to-speak apps, education tools, and games on tablet devices have also been used with increasing regularity as a means of communication, therapy, and behavior monitoring for children with similar challenges.

If you or a loved one have a child who suffered a childbirth injury and requires various forms of treatment to help improve movement and cognitive abilities, medical bills can often pile up very quickly. Contact a birth injury attorney at American Law Partners today to learn more about possible legal action you can take to potentially get a monetary settlement from the doctor who caused the birth injury.

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All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at American Law Partners today to learn about your options regarding a lawsuit against the doctors who caused your injury.

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(Courtesy Photo)

The holiday season is in the air which means children everywhere are anxiously awaiting the latest new toys. Parents of children with cerebral palsy (CP) have a slightly different feat to tackle and must shop strategically in order to choose the best toy that will be fun and also aid in their child’s development. Websites such as Cerebral Palsy Toys and Play Aids and Astra Toy have lists to help parents pick out the best toys for their children. We have gathered some guidelines to help parents choose the best gifts that will surely thrill your child!

1.     Cater to your child’s capabilities: It’s important to think about the abilities of your child and avoid choosing a toy that is so complicated that it will frustrate your child or too simple and will not provide stimulation.

2.    Try to improve on certain skills: If there is an area such as motor skills or hand-eye coordination that your child struggles with, try to find toys that will help improve on these skills.

3.     Avoid trendy toys: Although those glitzy toy commercials may seem like they would be any child’s dream, keep your child’s needs in mind. These types of toys might be overwhelming to a child with CP. Instead, go for the more classic toys which can be just as much fun.

4.     Allow your child to choose: Children who are able to choose which toys they want are likely to be more excited to play with them.

5.    Take safety precautions: Be sure to thoroughly evaluate toys before you purchase them to check that they are the correct size and won’t pose a choking risk.

6.     Do some research: The internet provides an ample amount of resources that enable parents to research a toy before deciding to make that final purchase. AblePlay.com includes product reviews from experts which rate how appropriate each toy is based on various disabilities.

Below is a list of toys that fit into the above guidelines:

0-12 MONTHS:

· Super-Deluxe 3-D Lights & Music Activity Gym· Skwish Classic (by Manhattan Toy)· Symphony Tower· Ball Party Light & Sound Ball (by Tomy)· Curiosity Cube (Early Years, Interventional Playthings)

1-3 YEARS:
· The Original Rollercoaster (by Anatex)· Pound and Play (by International Playthings)· Tube With a View (by Small World Toys)· Galt Pop Up Toy· Busy Box (by Small World Toys)· Musical Shape Sorter (by Small World Toys)· Busy Vehicles Sound Puzzle (by Small World Toys)

3 YEARS and UP:
· Little Partners Learning Tower· Nobbie Gertie Ball (by Small World Toys)· Pathfinder – Explore the Trails of Pathfinder (by Anatex)· Sound Tracks (Dragonfly Toys)· Play Sports 30” Funball (by Small World Toys)
Many of these toys can be found at various major retailers throughout the U.S., both online and in stores. We hope this guide helps you find the perfect gift for your child this holiday season.

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(Courtesy Photo)

July 28, 2011

Living with Cerebral Palsy is hard enough without facing the rejection of one’s community. To bear that kind of load would take a toll on anyone and very few would be able to handle it. This scenario is exactly what happened to twenty-two year old Joe Coyle. Joe was planning to go out to a pub with his friends to relax for the evening and wanted to buy his friends a round of drinks. To his surprise, the bartender and staff turned him down because he appeared “under age” despite the fact Coyle then proceeded to show the staff nine different forms of ID to prove his legality.

Furthermore, Coyle’s brother, Domonic, then proceeded to fetch Joe’s birth certificate and passport to prove his age from their home, yet the pub still denied him service. Coyle stated that the pub owner and staff banned him from coming back because they perceived him as mentally unstable. However, the pub in relation to the incident denied these accusations. Mr. Coyle, who is a university graduate, was made to sit outside to await his friends. Because of his Cerebral Palsy, an illness that results from birth that affects physical mobility, Joe can be seen with a limp whenever he walks.

The condition can be the cause of a birth injury or childhood trauma, and can hinder the developmental growth of the child. Coyle stated that he understood every business, not only pubs, had the right to serve potential customers or not, but he felt it was a gross injustice when he had showed them multiple forms of identification and they still refused to serve him. He stated that he was humiliated at the pub that night, and still doesn’t understand why he was refused service. Conversely, the Greene King Brewery spokesman had a different story than the similar story multiple individuals had already relayed.

He states that the manager did not think the first form of ID that Coyle presented him was valid, and like all other customers, Coyle was given the opportunity to present another form of ID which is part of the pub’s Challenge 21 policy. The spokesman then stated Coyle unfortunately became abusive toward the manager and was then asked to leave the pub.  The spokesman felt the situation was in line with the pub’s policy and did not make any derogatory comments toward Mr. Coyle or his behavior. He also stated that they have received a letter from Mr. Coyle.  They take his opinion seriously and the pub will be responding soon.

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(Courtesy Photo)

July 28, 2011

The week of July 31, 2011-August 6, 2011 is National Cerebral Palsy Awareness Week. The purpose of this week that recognizes Cerebral Palsy is to acknowledge the profound achievements of people living with the condition, and to promote understanding and acceptance of the disadvantaged suffering from Cerebral Palsy. Cerebral Palsy is a condition caused by early trauma in life.  Whether it occurs in the womb, at birth, or childhood, the trauma can cause a lifetime of handicaps. The condition also hinders proper development and can render a person immobile.

People with this condition have the life expectancy of the average person, but they will need much more care and support from day to day as they get older. Tunstall Healthcare, the largest leading provider of assistive technology, is now able to provide personal alarms for those with disabilities and handicaps, giving them the ability to easily make calls at any time of the day or night without bothering friends and family.

A radio trigger that the user kept on them all day every day has traditionally activated these types of alarms. But now, Tunstall Healthcare offers other devices and tools that help the disabled resident to more easily make notifications to friends and family members. This new trigger can be anything ranging from a press adaptor (which would permit the radio trigger pendant to be turned on without the necessity for a precise touch) to a device that only requires the slightest touch or tap to send signals out.

Tunstall Healthcare offers those disadvantaged with more specific needs the ability to quickly and easily be able to notify friends and family if they need assistance. Tunstall Healthcare is a great resource for the disadvantaged because it is able to provide them with some means of independence. The company has over 2.5 million global clients, and is the foremost provider of telecare and telehealth resources in the world.

Tunstall Healthcare’s solutions enable older people and those with permanent needs to live independently by providing them with equipment that can manage their health and well being without the constant provision of friends and family. Tunstall Healthcare is an expert provider of this type of equipment, and provides their knowledge and advice to millions of people all over the world.  By doing so, Tunstall Healthcare helps its clients to lead more independent and fulfilling lives

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