Cerebral Palsy Lawsuit Alleges Medical Malpractice

Ava Lawson | January 25th, 2013 | Posted in Cerebral Palsy Lawsuit News

Birth Injury SettlementsThe causes of cerebral palsy can include birth injury malpractice, according to a recent lawsuit filed by an Illinois mother and her disabled daughter. As detailed in court documents, the plaintiff’s child now suffers from seizures, cognitive impairment, developmental delays and cerebral palsy as an alleged result of medical negligence during delivery. The complaint was sent to the Circuit Court, Cook County, Illinois by the plaintiff’s cerebral palsy lawyer on November 8, 2012. Cook County Hospital and Dr. Stephanie B. Cox-Batson, M.D. are named as defendants.

Details of birth injury lawsuit

Allegations raised in the lawsuit state that the defendant and its resident physician unreasonably prolonged the birth of the plaintiff’s daughter and committed her to vaginal delivery rather than C-section, causing the newborn to suffer severe neurological injuries including cerebral palsy. On May 3, 1999, the mother presented at the hospital in the initial stages of labor at 42 and 1/7 weeks gestation. She was consulted about a possible C-section several hours later, at which time the doctors noted a fetal weight of about nine pounds.

After slow progress and irregular contractions, the plaintiff was given an epidural and was later put on a Pitocin IV. After several more hours of difficult and prolonged labor, the Pitocin levels were lowered and the mother finally delivered the child vaginally. The baby was noted as pale and limp and was transferred to the nursery where she was intubated and placed on a ventilator. Two hours later, the little girl was moved to intensive care with a diagnosis of respiratory depression, acidosis and questionable Erb’s palsy with diminished movement of her left hand.

As detailed in the claim, the attending staff at Cook County Hospital breached their duty to provide a standard of care by failing to properly monitor the unborn child and promptly respond to early signs of fetal distress. The plaintiff’s cerebral palsy lawyer further contends that had the physician performed a timely C-section, the child would not have suffered permanent birth injuries during the labor process.

Cerebral palsy caused by medical mistakes

Thousands of mothers and their babies have suffered at the hands of substandard medical care during childbirth, leaving many children with life-long disabilities that require rehabilitation, special schooling and costly nursing care. In such tragic cases, birth injury settlements or jury verdicts awarded in lawsuits may help offset the financial hardships faced by families. The Illinois mother and her child are seeking damages to cover the significant sums of money that are needed to pay for the daughter’s past, present and future care.

If you or a loved one suspect medical malpractice was to blame for a child’s permanent birth injuries, contact the attorneys at Balkin & Eisbrouch for a free consultation today. Our legal team is well-versed in litigation involving hospital negligence, and we’ve helped our clients recover millions of dollars in court awards and settlements. To speak with an experienced cerebral palsy lawyer, please call our law offices today.