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Mother fights for compensation for son’s birth injury

Posted on September 27th, 2011 No Comments

A single mother in Florida is fighting to receive the $30 million she was awarded in a cerebral palsy medical malpractice lawsuit filed against Lee Memorial Health System in Lee County, Florida.

A jury granted the $30 million award in 2007 due to the negligence that occurred at the Lee Memorial Health System and resulted in the woman’s son developing severe cerebral palsy.  The boy, now 14-years old, uses a wheelchair and has difficulty speaking and writing.

The case went through an appeals process and was upheld in 2009.  Despite the verdict, the mother has yet to receive the compensation she was awarded and needs the money to take care of her son.

Twice, a claims bill has been filed with the Florida legislature to approve the verdict.  However, the state’s $200,000 cap on liability for government institutions has delayed the payment.

If you or someone you know is seeking compensation for a birth injury like cerebral palsy, contact the experienced Philadelphia cerebral palsy lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

Connecticut family awarded $58 million in cerebral palsy suit

Posted on June 2nd, 2011 No Comments

A Connecticut jury recently awarded a family the largest verdict in the state’s history in a birth injury lawsuit.  The lawsuit was filed by the parents of a young boy who developed cerebral palsy as a result of a delayed C-section.

The boy’s mother went into labor in February 2003.  Records showed that the mother’s amniotic fluid dropped significantly before she was scheduled to deliver.  However, doctors did not order an emergency C-section until a few days later.  The delayed C-section resulted in hypoxia, brain damage, and cerebral palsy in the mother’s infant son.

The jury awarded the family $58 million.  $8 million of the verdict was given for future medical expenses related to the boy’s cerebral palsy.  $50 million of the verdict was given for emotion and physical trauma.

To discuss the steps to take to filing a cerebral palsy birth injury lawsuit with an experienced attorney, contact the Philadelphia cerebral palsy lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 today.

Cerebral Palsy Birth Injury Lawsuit Filed Against PA Hospital

Posted on March 15th, 2011 No Comments

Memorial Hospital in Pennsylvania has been named in a birth injury lawsuit filed by the parents of a young girl who suffers from cerebral palsy.

According to court documents, Jenifer and Lance Schneider claim their daughter, Sophia, was born with hypoxic brain injury due to a lack of oxygen at birth. The lawsuit, filed last week in St. Clair County Circuit Court, names Dr. Michael E. Herrmann and Memorial Hospital as defendants. The Schneiders claim Sophia Schneider has developed cerebral palsy, causing her to lose her capacity to enjoy a normal life. The complaint also claims Sophia has suffered sustained disfigurement, disability, and pain and suffering.

The Schneiders are asking the court for more than $150,000 in damages, in addition to legal fees.

Cerebral palsy is a term used to describe a number of chronic conditions affecting body movements and msucle coordination. Children who suffer from cerebral palsy may not be able to walk, talk, eat, or interact in the same way as other children. Depending on severity of the condition, a person with cerebral palsy may require a lifetime of care. The average lifetime cost of one person with cerebral palsy is $921,000.

If you need assistance with a similar birth injury lawsuit, please contact the Philadelphia Cerebral Palsy Attorneys of Lowenthal & Abrams, P.C., by calling 215-238-1130.

$19.2M Verdict in Cerebral Palsy Birth Injury Lawsuit

Posted on March 9th, 2011 No Comments

A jury in Florida returned a $19.2 million verdict in a cerebral palsy birth injury lawsuit filed by the family of a girl who was overdosed on nutrients during birth.

According to the lawsuit, Kiarra Smith was given a dose of nutrients 100 times more powerful than the doctor had prescribed when she was born three months premature at HealthPark Medical Center in 2007. The medication mistake by hospital staff caused Smith to go into cardiac arrest. She is now blind and suffers from cerebral palsy.

Cerebral palsy can be caused by a brain injury during birth. If an infant is deprived of oxygen, it can result in irreversible brain damage that leaves the child with developmental problems and life long injuries such as cerebral palsy.

The jury awarded $19.2 million in damages to Smith’s family. Smith will be in a wheelchair and require care for the rest of her life as a result of the disability.

If your child sustained brain damage at birth, please contact the Philadelphia Cerebral Palsy Lawyers of Lowenthal & Abrams, P.C., by calling 215-238-1130.

Birth Injury Lawsuit Filed Against Florida Hospital

Posted on February 1st, 2011 No Comments

A couple in Florida have filed a birth injury lawsuit against a Bartow hospital, claiming medical errors caused their daughter’s cerebral palsy.

The lawsuit names Lakeland Regional Medical Center, Central Florida Health Care, and two nurse practitioners as defendants. Filed by Fiona and Stanley Brown, the lawsuit claims Mrs. Brown was receiving prenatal care at the medical center. Brown went in for a regular check-up on September 28, 2005 with “signs and symptoms of high blood pressure,” the lawsuit says. It is believed she was evaluated by a nurse midwife there who told her to go to LRMC.

According to the lawsuit, when Brown arrived at the hospital, the fetal monitor strip indicated a decrease in fetal heart rate. Brown was told she need an emergency Cesarean section, but delivered vaginally before it could be performed. The lawsuit contends negligence by the defendants caused Brown’s daughter, Destiny, to suffer a brain injury and subsequent neurological damage.

Contact a Philadelphia cerebral palsy lawyer of Lowenthal & Abrams, P.C. at 215-238-1130 if you or your child have been the victim of a birth injury caused by medical malpractice or hospital negligence.

Cooling cap saves infant’s life, prevents brain injury

Posted on December 16th, 2010 No Comments

According to doctors and family members, 2-year old Kaylee Wheaton’s life was saved by using a new cooling cap technology after going through a difficult delivery and sustaining injuries in the womb.  Shortly after being born, Kaylee suffered from bleeding in the brain, seizures and organ failure.  Doctors feared that if they did not do something she would develop serious, or possibly fatal, brain injuries.

Kaylee was being treated at Wolfson Children’s Hospital in Florida where doctors have used the new cooling cap technology on several infants.  The device is simply a cap to put over a newborns head that has tubes running through it with cold water.  The cap slowly and safely brings the infant’s body temperature down and helps to prevent brain injury.  Typically, cooling caps are used to treat hypoxic-ischemic encephalopathy.

When used within 72 hours of birth the cooling cap has proven to reduce injury in infants.  Unfortunately, the technology is currently used in very few hospitals.

Contact the Philadelphia birth injury attorneys of Lowenthal & Abrams, P.C. at 215-238-1130 today to set up an appointment to discuss filing a birth injury lawsuit.

Tennessee mother awarded $6 million in birth injury suit

Posted on November 11th, 2010 No Comments

A mother from Clarksville, Tennessee was recently awarded $6 million in the birth injury lawsuit she filed against Blanchfield Army Community Hospital at Fort Campbell.  Sahra Sutton filed the lawsuit in September 2008 after her daughter, Matdison Carter, suffered from oxygen deprivation during her birth at the hospital and later developed cerebral palsy.

According to the suit, Sutton’s doctors failed to call for a C-section when it was necessary to prevent her daughter from suffering from oxygen deprivation, brain injury and ultimately cerebral palsy.  Sutton stated, “The midwife told the doctor she needed to do a c-section, but the doctor told me to continue pushing”.  Soon after her birth, Matdison began having breathing problems and had to be placed in an incubator at Vanderbilt University Medical Center for over a month.

Sutton plans to use the money on building a new house that will have wheelchair access for Matdison.

Contact the Philadelphia cerebral palsy attorneys of Lowenthal & Abrams, P.C. at 215-238-1130 if your child has developed cerebral palsy as a result of hospital negligence.

Ohio family fights for daughter with cerebral palsy

Posted on October 28th, 2010 No Comments

An Ohio family filed a multi-million dollar medical malpractice suit against Dr. Tara Shipman for failing to recognize that a c-section needed to be performed in the birth of their daughter in 2000.  Their daughter, Haley Cobb, was deprived of oxygen at birth resulting in brain injury and cerebral palsy.

Haley’s parents, Debra and Okey Cobb, argue that several factors should have led Dr. Shipman to recognize that a c-section needed to be performed to prevent birth injury.  For instance, Debra Cobb was giving birth for the first time, was over the age of 35 and the baby was overdue.  In addition, the family’s lawyers claim that the information fetal heart monitor used before delivery should have been enough to convince Shipman to order a c-section.

Six out of eight jurors have to find Shipman at fault in order for the Cobb’s to win the case.

If you or someone you love has developed cerebral palsy due to a birth injury, contact the Philadelphia cerebral palsy attorneys of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about your rights.

Man with cerebral palsy climbs 3,000 foot mountain

Posted on September 17th, 2010 No Comments

A California man with cerebral palsy began a climb to the top of Yosemite’s El Capitan- a 3,000 foot mountain situated in the national park.  42-year old Steve Wampler has been in a wheelchair all his life but he says he won’t let it stop him from taking on even the biggest of challenges.

Wampler will sit in a custom designed chair with handles to pull on to lift himself up.  Every pull lifts him about four to six inches higher.  He began the climb on Sunday and by Tuesday had already reached around 750 feet.  Wampler said he estimates that it will take 20,000 pulls to reach the top of El Capitan and expects to be there by Friday.

Wampler, an environmental engineer, trained for a year before the climb.  He hopes to raise around $2 million for his organization, the Wampler Foundation.  The Wampler Foundation helps kids with disabilities across the country by holding summer camp programs.

If you or someone you know suffers from cerebral palsy as a result of a birth injury, contact the Philadelphia cerebral palsy lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about your rights.

Timing of delivery linked to cerebral palsy

Posted on September 1st, 2010 No Comments

A study published in the September 1st issue of The Journal of the American Medical Association, shows a link between the timing of a delivery and the chances of a child developing cerebral palsy.  Cerebral palsy is a muscular and movement disorder that occurs as a result of brain damage incurred at birth.

In the study, researchers found that babies who were born after 37 weeks of gestation were 90 percent more likely to have cerebral palsy than those born at 40 weeks.  Additionally, babies born at 42 weeks or later were 40 percent more likely to develop the disorder than babies born at 40 weeks.

Doctors are still unsure of all the factors that contribute to a baby developing cerebral palsy.  One doctor states, “Until these biological mechanisms are better understood, it would be hasty to recommend intervention on delivery time based on this study”.

If you or someone you love has developed cerebral palsy due to brain injury at birth, contact the Philadelphia cerebral palsy lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about your rights.

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