If your newborn infant was diagnosed with cerebral palsy, know that you are not alone.
In fact, cerebral palsy is the most common motor disability in childhood and currently affects 1 in 345 kids living in the United States. In far too many of these cases, the condition was avoidable and a direct result of a preventable birth injury.
Cerebral palsy describes a group of permanent movement disorders that appear in early childhood, often shortly after birth or in infancy. The condition results from damage to the parts of the brain responsible for creating, coordinating and controlling movement and posture. While these brain abnormalities may develop during pregnancy, they are often caused by a birth injury that occurred during the labor and delivery or shortly after.
According to the U.S. Centers for Disease Control and Prevention (CDC), as of 2010:
Other data suggests around 10 percent of children with cerebral palsy have impaired vision, and 5 percent have some level of hearing loss. About a quarter of those living with cerebral palsy also have a behavioral disorder.
Children with cerebral palsy may also experience delays in speech development, have trouble speaking, and experience difficulty with sucking, chewing, eating, drooling, and swallowing. Some of these kids will also experience delayed motor skills milestones, such as sitting up or crawling, and many will develop learning disabilities and intellectual disabilities. Cerebral palsy is also associated with delayed growth, resulting in a smaller size than would be expected for someone their age.
There is no cure for cerebral palsy. However, therapy, assistive devices, medications, and sometimes surgery can help ease symptoms and improve the quality of life for those afflicted. Newborns with cerebral palsy today have a life expectancy of 30-70 years, but that varies greatly depending on their access to medical care, therapy, and adaptive equipment.
Cerebral palsy is classified into one of four types according to the symptoms a child experiences.
The most common form, spastic cerebral palsy, results in stiff, tight muscles, awkward movements, and reduced range of motion. It usually manifests in one of three ways:
Spastic Quadriplegia/Quadriparesis: This is the most severe form of cerebral palsy and is frequently accompanied by moderate-to-severe intellectual disability. These kids often have severe stiffness in the limbs but a floppy neck. They are rarely able to walk, have difficulty speaking, and may experience frequent,difficult-to-control seizures.
Children with dyskinetic cerebral palsy experience variable, involuntary movements, including:
Chorea: Chorea involves brief, abrupt, irregular and unpredictable movements that may worsen with anxiety or attempts to move. Those with mild chorea may appear fidgety or clumsy, while kids with more severe forms may display wild, violent movements.
Children with ataxic cerebral palsy experience problems with balance and coordination. They may walk with their legs farther apart than other kids, exhibit shakiness and tremors, and have difficulty with writing and other activities that require small hand movements. Some also have trouble with depth perception, meaning they cannot accurately discern how far away an object is. They frequently struggle with speech, are unable to bring their hands together, and have slow eye movements.
Mixed types of cerebral palsy don’t fall into any of the previous categories, with children experiencing symptoms that correspond with multiple forms.
While the primary symptoms of cerebral palsy involve difficulties with movement and posture, other related complications may arise throughout a child’s lifetime. Some of the most common include:
Some events or medical problems during pregnancy can increase the risk that a baby will be born with cerebral palsy, such as:
While the exact cause of cerebral palsy often remains unknown, adverse conditions and events that occur during labor and delivery and shortly after birth are often to blame:
Hypoxic-ischemic encephalopathy (HIE) occurs when there is a lack of oxygen (hypoxia) and blood flow (ischemia) to the baby’s brain during labor and delivery, often due to complications such as umbilical cord compression, placental abruption, or prolonged labor.
Traumatic birth injuries, such as head trauma or skull fractures, may result from difficult or prolonged deliveries, improper use of delivery instruments (e.g., forceps or vacuum extractors), or excessive force exerted during delivery maneuvers. These traumatic events can lead to brain damage and neurological deficits that contribute to the development of cerebral palsy.
Maternal infections such as rubella, cytomegalovirus (CMV), toxoplasmosis, or untreated urinary tract infections can be transmitted to the fetus, leading to brain damage and developmental abnormalities. Infections acquired by the newborn during labor or shortly after birth, such as bacterial meningitis or sepsis, can also cause neurological damage and increase the risk of cerebral palsy if not promptly diagnosed and treated.
Certain maternal health conditions, such as pre-eclampsia, gestational diabetes, thyroid disorders, or untreated maternal infections, can predispose an unborn baby to an increased risk of cerebral palsy. To safeguard the health of the mother and prevent the brain damage that results in cerebral palsy, such conditions must be appropriately managed during pregnancy.
Errors in administering medications during labor and delivery can have serious consequences for both the mother and the baby. For example, incorrect dosage or administration of drugs such as Pitocin or anesthesia can lead to complications such as uterine hyperstimulation, placental abruption, or maternal hypotension, which in turn can result in oxygen deprivation and brain injury to the baby, increasing the risk of cerebral palsy.
Delayed or inadequate medical care during labor, delivery, or the immediate postnatal period can also contribute to the development of cerebral palsy. Failure to promptly recognize and respond to signs of fetal distress, umbilical cord prolapse, or other obstetric emergencies can result in prolonged oxygen deprivation and subsequent brain damage in the newborn.
Inadequate or improper fetal monitoring, including failure to perform or interpret fetal heart rate monitoring accurately, can lead to delays in detecting and addressing fetal distress, increasing the risk of cerebral palsy and other birth injuries.
Improper techniques during delivery, such as excessive traction or improper positioning of delivery instruments, can cause trauma to the baby’s head or neck, leading to brain injury and neurological deficits characteristic of cerebral palsy.
While medical malpractice and errors during labor and delivery are significant contributors to cerebral palsy, the condition can also result from other factors such as genetic abnormalities, prenatal exposure to toxins, or congenital brain malformations.
There is no cure for cerebral palsy. However, various treatments and therapies can improve quality of life, enhance functional abilities, and address the specific needs and challenges babies with cerebral palsy are likely to face during their lifetime. Early intervention is critical, and the best treatment approach involves a multidisciplinary team of healthcare professionals collaborating to provide comprehensive care tailored to the child’s unique needs.
The financial and economic costs associated with cerebral palsy are staggering. In fact, the life-care plans we develop for our clients often reach $50 million or more.
If medical malpractice or a preventable medical error caused your baby’s cerebral palsy, your family should not have to bear this financial burden alone. Pursuing a legal claim against the responsible doctors, nurses, midwives, hospital, or birthing center may be the only way to secure the financial resources to ensure your child receives the care and support they’ll need for the rest of their lives.
If your claim is successful, you and your baby could be awarded compensation for:
Home Modifications: Damages to cover the expenses of modifying your home to accommodate your baby’s mobility needs as they grow, such as installing ramps, widening doorways, or making other accessibility modifications.
If you’re worried that your child’s cerebral palsy was the result of a preventable birth injury, you deserve to know the truth.
Jeffrey Killino and his NICU Law Team have helped many families in similar situations, and they have the resources to retain the top medical experts in the nation to conduct a comprehensive analysis of your child’s birth records. If our review determines that your case merits legal action, they’ll dedicate all the resources necessary to achieve justice for your child.
Call 844-NICU-LAW or complete our online form to schedule your no-cost, confidential legal and medical review.
Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.
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