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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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.

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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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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.

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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 Boston.com, Danielle and John Bellerose brought the lawsuit against the medical team that tended to the birth of their daughter Katherine at Beth Israel Deaconess Medical Center on June 13, 2004. Katherine was born two months premature and quickly began experiencing health problems and was put in neonatal intensive care.

However, as Katherine’s condition worsened, the team allegedly took too long to diagnose that her bowels had become perforated.

Following an unsuccessful surgery to prevent her intestinal tissues from failing, Katherine passed away on June 21, 2004.

In the lawsuit from the Bellerose family that followed, jurors found that Dr. Janet Lloyd and nurse practitioner Michele Ambrosino were negligent in their care for Katherine and did not treat her appropriately. Jurors awarded Danielle and John $3.5 million each, as well as $50,000 for suffering Katherine experienced before her death.

“By all accounts [Katherine] should have progressed on just like her sister and should have gone on to live a normal life,” said William Thompson, the Bellerose’s attorney. “She lived eight days.”

If you or a loved one have given birth to a child that suffered birth complications that either led to death or permanent injury, there may be legal options worth pursuing. Contact a birth injury attorney at American Law Partners today to learn more about what types of lawsuit you may be able to bring against the doctors that caused the birth injury.

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Diflucan (or fluconazole) is an antifungal drug that is used by women to treat a number of fungal infections in the mouth, throat, esophagus as well as vaginal candidiasis. However, a number of published case studies have shown that pregnant women who take high doses of the drug (approximately 400-800 mg/day) during their first trimester increase the risk of a number of birth injuries and malformations.

Some of these birth complications include an abnormal development of the skull cap and other facial features, congenital heart disease, joint deformities and muscle weakness, oral cleft, and thin ribs.

Based on this data, the FDA announced this week that is was adjusting Diflucan from a Category C to Category D pregnancy drug. According to the agency, a Category D drug indicates that there is “positive evidence of human fetal risk based on human data but the potential benefits from use of the drug in pregnant women with serious or life-threatening conditions may be acceptable despite its risks.”

The FDA added that patients should immediately notify their healthcare professional if they become pregnant while taking fluconazole.

If you or a loved one took fluconazole while pregnant and proceeded to give birth to a child with birth complications similar to the ones listed above, you may have grounds to pursue a childbirth injury lawsuit against the doctors involved in the birth. Speak to a birth injury attorney at American Law Partners today to learn more about your legal options.

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In the South London suburb of Tooting in 2004, Leo Whiten was born at St. George’s Hospital with cerebral palsy that was caused by a deprivation of oxygen that stemmed from doctors’ failure to perform a caesarean section birth when it was necessary.

Following the birth, the Whitens pursued a lawsuit against the hospital. In 2006, St. George’s Healthcare NHS Trust admitted that Leo’s injuries could have been prevented if appropriate action had been taken at the right time. The Whitens eventually won the lawsuit, gaining a £2.7 million (or approximately $4.4 million) settlement in the process.

“Leo is a delightful little boy but the injuries he suffered at birth mean that he will never be able to lead an independent life or work for a living. We are pleased to have been able to secure an award which will provide sufficient funds to ensure Leo can obtain the treatment and care he needs to give him the best possible quality of life both now and in the future,” said Tom Cook, the family’s solicitor.

Leo’s mother, Samantha Whiten, added that she had been worried about how her son’s cerebral palsy would be cared for properly in the years to come. However, she said that money from the settlement would help ensure that Leo will always be able to afford the best care possible.

“Like many parents who have a child with severe cerebral palsy our greatest long-term worry is how he will be cared for when we are no longer able to do this ourselves,” she said. “This settlement gives us the security of knowing that there will be funds available to pay for his care for the rest of his life.”

It’s good to see the Whitens have gotten justice for the birth injury that will affect their child for the rest of his life. If you or a loved one have a child who has cerebral palsy after suffering a birth injury, taking legal action may help you secure a similar monetary settlement. Speak to a cerebral palsy attorney at American Law Partners today to learn about any legal options regarding a birth injury lawsuit that may be available to you.

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In an attempt to shed light on the life of his friend Glen Haerle, as well as two other men who were born with cerebral palsy, Bollinger’s first documentary film will focus on the medical condition and the challenges it can bring to the everyday lives of those who are afflicted with it.

Called The Cohesion Project, the film is independently produced between Bollinger and Kim Surowicz and is expected to have a budget of approximately $20,000.

In addition to documenting events such as a hike Bollinger took with Haerle up the 6,288-foot Mount Washington, the documentary will also feature New York comedian Josh Blue and hedge fund manager Rich Donovan, both of whom have cerebral palsy. The film will also include interviews with other notable individuals who were born with cerebral palsy, such as Ontario’s Lieutenant Governor David Olney and author John Quinn.

“John Quinn has cerebral palsy and he summed it up like this: I want to be judged on my ability and not dismissed because of my disability,’’ Bollinger said, according to the Asbury Park Press. “One of the things I get from all the people we have interviewed is they want to be judged on what they do and who they are, and that’s it.’’

Hopefully Bollinger’s film will help to reveal the issues that cerebral palsy victims must regularly endure and raise awareness for a condition that is sometimes caused by medical error. If you or a loved one have a child who was born with a birth injury such as cerebral palsy that may be attributable to medical error, contact a birth injury attorney at American Law Partners today to learn more about your legal options.

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