Crook County is clean…I mean, it is the land of Oprah. How dare you mess with a system that has been effective in helping Dems stay in power. I am the LAW!
In cases like this, how are the plaintiffs proving that the injury occurred during the birth and was not preexisting? Unless there is a way to prove the child was normal before the doctor allegedly botched things, sounds like there is a lot of assuming going on here.
There really are no assumptions to be made. It’s fairly straight forward to show, via the monitoring during the delivery, both the heart rate and distress level of the newborn. An MRI will show areas of the brain that developed normally, but then were injured by lack of oxygen. Cerebral palsy is not a birth defect, i.e. it is caused by trauma at some point.
Ric, are you sure it is caused only from oxygen deprivation at delivery? From what I see, looking at the Cerebral Palsy websites, it is caused by damage from an area of the brain. There are lists of causes other than the delivery process.
Read my post a bit more closely. I never said it was caused only at delivery and only by oxygen deprivation. I said it was caused by trauma at some point, (whether before, during or after birth). CP is not a genetic or neuro developmental birth defect. Absent some trauma, it does not occured. Obviously the hospital didn’t think they had much of a defense, or they would not have settled for $11 million.
The term cerebral palsy refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination but don’t worsen over time. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities in parts of the brain that control muscle movements. The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age. The most common are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a “scissored” gait; and muscle tone that is either too stiff or too floppy. A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, or child abuse.
Vacuum extractors are used to provide traction to aide efforts of the delivery staff and, combined w/effective ‘pushing’ by mom to speed the delivery – essentially, this device has replaced forceps in most cases as it avoids the bruising associated with their use.
The case seems to bottom in the decision to allow natural birth to continue and not to call a ‘crash’ C-section – monitors would (should) have indicated major fetal distress.
Lots more here not covered by case summary
11.5 mil is ‘way too much, no matter the condition or deficit of the baby – case cries for a large structure
Calif Ex Pat- Liability, i.e. was standard of care meet, is at least an arguement here, but not causation. I think some of the other folks posting are missing the point on causation. An MRI can show 1) a brain that did not develop normally, and 2) a normally developed brain that was injured. In this case, it obviously showed the later. To prove a diagnosis of birth asphyxia, evidence which the plaintiffs obviously had, would be (1) hypoxia; followed by (2) fetal response/distress, exceeded the adaptive capacity of the baby,(3) neonatal encephalopathy; and (4) a probable causal link between the encephalopathy and the hypoxia.” Again, no hospital voluntarily pays $11.5 million before trail unless they really screwed up!
Crook County is clean…I mean, it is the land of Oprah. How dare you mess with a system that has been effective in helping Dems stay in power. I am the LAW!
In cases like this, how are the plaintiffs proving that the injury occurred during the birth and was not preexisting? Unless there is a way to prove the child was normal before the doctor allegedly botched things, sounds like there is a lot of assuming going on here.
There really are no assumptions to be made. It’s fairly straight forward to show, via the monitoring during the delivery, both the heart rate and distress level of the newborn. An MRI will show areas of the brain that developed normally, but then were injured by lack of oxygen. Cerebral palsy is not a birth defect, i.e. it is caused by trauma at some point.
Ric, are you sure it is caused only from oxygen deprivation at delivery? From what I see, looking at the Cerebral Palsy websites, it is caused by damage from an area of the brain. There are lists of causes other than the delivery process.
By the way, how did Edwards make his millions.
Read my post a bit more closely. I never said it was caused only at delivery and only by oxygen deprivation. I said it was caused by trauma at some point, (whether before, during or after birth). CP is not a genetic or neuro developmental birth defect. Absent some trauma, it does not occured. Obviously the hospital didn’t think they had much of a defense, or they would not have settled for $11 million.
What is Cerebral Palsy?
The term cerebral palsy refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination but don’t worsen over time. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities in parts of the brain that control muscle movements. The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age. The most common are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a “scissored” gait; and muscle tone that is either too stiff or too floppy. A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, or child abuse.
1.failure of the brain to develop properly (developmental brain malformation);
2.neurological damage to the child’s developing brain
Don’t see anything about oxygen deprivation. Made the assumption you were suggesting the oxygen deprivation was linked to the delivery.
My only concern with your post is the spread of inaccurate information. This child would not be the first born imperfect.
Vacuum extractors are used to provide traction to aide efforts of the delivery staff and, combined w/effective ‘pushing’ by mom to speed the delivery – essentially, this device has replaced forceps in most cases as it avoids the bruising associated with their use.
The case seems to bottom in the decision to allow natural birth to continue and not to call a ‘crash’ C-section – monitors would (should) have indicated major fetal distress.
Lots more here not covered by case summary
11.5 mil is ‘way too much, no matter the condition or deficit of the baby – case cries for a large structure
Calif Ex Pat- Liability, i.e. was standard of care meet, is at least an arguement here, but not causation. I think some of the other folks posting are missing the point on causation. An MRI can show 1) a brain that did not develop normally, and 2) a normally developed brain that was injured. In this case, it obviously showed the later. To prove a diagnosis of birth asphyxia, evidence which the plaintiffs obviously had, would be (1) hypoxia; followed by (2) fetal response/distress, exceeded the adaptive capacity of the baby,(3) neonatal encephalopathy; and (4) a probable causal link between the encephalopathy and the hypoxia.” Again, no hospital voluntarily pays $11.5 million before trail unless they really screwed up!
The venue is Cook County Illinois, one of the worst in the country. The jury takes an oath not to use common sense, fairness, and objectivity.
Thanks Dread for advising Cook County – ’nuff said