$870,000 Dollars Awarded in Cerebral Palsy Lawsuit

Ava Lawson | January 4th, 2013 | Posted in Recent Settlements

Medical Malpractice LawyerOn December 19, 2012, an eight-year-old Irish boy received a court award of $870,000 for loss of future earnings in a birth injury lawsuit that had been previously settled for more than $1.3 million U.S. dollars. The boy’s parents filed the claim in November 2011, citing birth injury malpractice during the boy’s delivery. The family’s birth injury attorney partly settled an action for negligence against the Health Service Executive (HSE), which provides public health and social services for all residents of Ireland.

Cerebral palsy lawsuit claims hospital negligence

The court ruled in favor of the plaintiffs after finding the Cork, Ireland hospital guilty of birth injury malpractice during the child’s delivery on November 2, 2004. The HSE offered its apologies to the family after they admitted liability in the boy’s birth injuries. The now eight-year old child was diagnosed with cerebral palsy – a permanent condition that affects motor control and may also hinder cognitive development.

Depending on the level of brain damage that occurs during childbirth, cerebral palsy may be mild, compromising balance and coordination, or severe with victims wheelchair bound for the remainder of their lives. After a child is diagnosed with cerebral palsy, parents face the daunting challenge of providing ongoing medical care, which can place great emotional and financial stress on the family.

The boy’s parents contend that had their child had not sustained brain injuries due to hospital negligence he would have led a normal and productive life, working on the family farm. Using the father’s figures for farm income, the judge found the appropriate loss of earnings for the boy was around 630,000 Euros, which equals nearly $870,000 dollars.

Birth injury attorney

Parents and children who are victims of medical malpractice may be entitled to monetary damages for their injuries. Cerebral palsy may be attributed to improper or untimely responses by health care practitioners during childbirth, such as failure to perform a timely C-section, improper birthing techniques, misuse of forceps or vacuum suction during delivery, and umbilical cord complications.

A court award or settlement in a cerebral palsy lawsuit may help alleviate some of the burdens and strain that come with caring for a child with special needs. The lawyers at Balkin & Eisbrouch are leaders in the field of birth injury litigation and cases involving malpractice. Contact our law offices today to discuss your options for legal recourse with an experienced birth injury lawyer. The initial consultation is always free.