Cerebral Palsy Birth Injury Subject of Illinois Lawsuit

Whitney Taylor | December 27th, 2013 | Posted in Cerebral Palsy Lawsuit News

Cerebral Palsy Birth InjuryA plaintiff has filed a lawsuit involving a cerebral palsy birth injury in Illinois Circuit Court. The plaintiff alleges negligence in the delivery room led to oxygen deprivation and permanent injuries in her newborn baby.

The plaintiff is seeking damages from the hospital where the child was delivered, claiming hospital staff failed to respond promptly to signs of fetal distress in her child.

Signs of fetal distress unrecognized

According to the cerebral palsy lawsuit, the plaintiff was admitted to University of Illinois Medical Center on December 8, 2011, for labor and delivery. While the plaintiff was in labor, she states the nurses and physicians overseeing her care failed to recognize signs of fetal distress in her unborn child. Staff also failed to inform the plaintiff of the risks associated with fetal distress, for the purpose of providing her the option to deliver quickly by C-section.

Without an emergency Cesarean delivery, the plaintiff claims her prolonged labor resulted in serious oxygen deprivation for her baby. Shortly after birth the child was diagnosed with hypoxic ischemia, hydrocephalus and severe brain injuries that led to cerebral palsy. The plaintiff asserts that if the hospital staff had delivered her child by C-section sooner, those injuries could have been prevented.

Cerebral palsy birth injury

Hypoxic ischemia is a condition caused by oxygen deprivation to the brain. Damage to the brain cells can cause cell death in as little as five minutes, which can be fatal to the individual. Treatment for hypoxic ischemia may include ventilation and medication to control seizures and other complications.

Hydrocephalus, also referred to as “water on the brain,” is a condition that can be present at birth or occur during the delivery process. The prognosis for individuals diagnosed with hydrocephalus can be difficult to predict. Some individuals improve with treatment, such as the surgical placement of a shunt so that fluid on the brain can be drained.

Cerebral palsy is a condition caused by damage to the brain during the birth process. The condition can vary in severity, but always requires long-term medical care. Therapy, medications and surgery may all be a part of the treatment protocol throughout the individual’s life.

Damages sought for injuries

In this case, the plaintiff claims her daughter suffered injuries that will require ongoing medical care for the rest of her life. The plaintiff also asserts her daughter’s injuries have led to severe emotional distress for both of them, as well as significant expense from medical bills and lost wages as the plaintiff has taken time from work to care for her injured child. As a result, the plaintiff is seeking special and general damages from the hospital, in an amount to exceed $50,000.

A cerebral palsy birth injury is life-changing for a child and the entire family. Significant expense, as well as physical and emotional distress often accompanies these injuries. The attorneys at Balkin & Eisbrouch have a proven track record of verdicts and settlements for victims of preventable birth injury malpractice. If you believe your child’s injuries were the result of medical negligence or malpractice, call our firm today to schedule a free case evaluation at 855-60-BIRTH.


  1. NYU Langone Medical Center, Hypoxic Ischemic Encephalopathy, http://www.med.nyu.edu/content?ChunkIID=230598

  2. Mayo Clinic, Cerebral Palsy, http://www.mayoclinic.com/health/cerebral-palsy/DS00302

  3. National Institute of Neurological Disorders and Stroke, http://www.ninds.nih.gov/disorders/hydrocephalus