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Cerebral Palsy Compensation

Posted on behalf of Janet, Janet & Suggs, LLC on May 14, 2020 in Birth Injury Blog Posts

Your child’s cerebral palsy diagnosis may have been the most difficult news your family has ever had to receive. As parents, we all want our children to have lives free of suffering and financial strain.

Though your child’s condition cannot be reversed, through medical therapies and other support you may be able reduce your child’s suffering and help them live a fuller life. At Janet, Janet & Suggs, we aim to help alleviate the costs families bear when a child is diagnosed with cerebral palsy.

Cerebral Palsy Causes

Cerebral palsy is caused by a variety of issues during pregnancy or birth.

  • Infections or issues that impede blood flow to the fetus during pregnancy can impact brain development.
  • Birth complications also increase the likelihood that the baby could experience injuries.
  • Additionally, babies born prematurely are more at risk for infections or jaundice. Babies with untreated jaundice may experience kernicterus, a preventable form of brain damage.

Cerebral Palsy Caused by Medical Negligence

In some cases, medical negligence results in a baby’s preventable injury. Such instances may take place:

During pregnancy:

  • Misdiagnosis of fetal abnormalities
  • Misdiagnosis of estimated fetal weight
  • Misdiagnosis or incorrect management of preeclampsia, HELLP syndrome or acute fatty liver of pregnancy
  • Failing to provide informed consent on whether to have a cesarean section or attempt attempt a vaginal delivery

During childbirth:

  • Misdiagnosis of fetal position in the uterus
  • Missing, ignoring or misinterpreting warning signs from fetal heart monitors
  • Delaying or failing to perform a C-section
  • Failing to exercise proper care when using forceps or vacuum extractor equipment

Following childbirth:

  • Failing to resuscitate a baby who needs help breathing
  • Failing to diagnose or treat an infection
  • Failing to treat severe jaundice

How Much Cerebral Palsy Compensation Can You Recover in a Lawsuit?

Cerebral palsy compensation varies widely because each case has unique circumstances. To determine how much you can potentially recover from a lawsuit, reach out to an experienced attorney. Determining factors for your compensation amount could include past, current and future impacts on your family.

Past Costs and Losses

Keep records of your child’s past medical procedures and care to document the past medical costs for your child’s care. Show costs of visits to doctors and other specialists for your child. Include medical and other equipment you have purchased to attend to your child’s medical needs and accommodations. Also note if you or other family members have lost wages or have been unable to work due to providing care for your child.

Current Costs and Quality of Life

Create a budget that shows monthly costs for maintaining your child’s care. Medication, therapy, special education, caregiving and other services should be included to portray an accurate picture of the present financial and emotional impact your child’s cerebral palsy has on your family.

Future Costs and Continued Impacts

While it is not possible to predict the future, your child’s doctor may be able to help you estimate the future costs of care throughout your child’s lifespan. You may also be able to determine other possible impacts of cerebral palsy on your child’s opportunities across his or her lifetime. These may include limits to education, employment and other life experiences.

JJS has a history of breaking records in several states for the largest birth injury recovery. Some of our most notable case results include:

  • $33.5 million verdict for a child who suffered brain damage and cerebral palsy because of delays in performing an urgently needed C-section
  • $24 million verdict — the largest malpractice verdict recovered in the District of Columbia — for a child who suffered cerebral palsy and brain damage after doctors failed to diagnose and respond to an airway obstruction
  • $18 million verdict for a child who developed spastic quadriplegic cerebral palsy after the mother was taken off of continuous electronic fetal monitoring and placed on intermittent monitoring despite known risk factors
  • $18 million verdict for a child with neural tube defect, resulting in paraplegia and other significant injuries due to a pharmacy that negligently dispensed incorrect medication to a pregnant mother
  • $17.5 million verdict for a child who suffered brain damage and developed cerebral palsy as a result of mismanagement of labor and delivery
  • $15 million settlement for a child who suffered cerebral palsy because the obstetrician failed to arrive at the hospital to deliver the child in a timely manner
  • $13.5 million verdict for a child who developed cerebral palsy as a result of inconsistent fetal heart monitoring during childbirth
  • $13 million settlement in a case against a US government-employed healthcare provider whose poor postoperative care resulted in brain damage and cerebral palsy
  • $11.5 million settlement in a case against the US government for failing to properly resuscitate a newborn immediately after he was delivered
  • $9.5 million verdict for a child who developed cerebral palsy after signs of an infection were not immediately treated by emergency room personnel
  • $9.3 million verdict for a child who developed cerebral palsy caused by brain injury sustained during childbirth
  • $9 million verdict for a child who developed cerebral palsy as a result of delayed delivery, despite knowing fetal compromise would occur

Factors Affecting Cerebral Palsy Compensation

Along with the costs and impact of cerebral palsy on your child and family, there are other factors that will play a part in the determination of your compensation. The type of condition your child has, location of your lawsuit and timing in your case will affect its outcome as well.

Cerebral Palsy Type

The compensation you are able to recover will depend on the type of your child’s cerebral palsy as well as the severity of the condition. Having records of your child’s specific diagnosis will help determine the future costs and projected impact on your child’s life.

Location of Lawsuit

Every state is different when it comes to cerebral palsy lawsuits. Finding a lawyer who is familiar with the processes in your state is important to ensuring that you are able to get the most cerebral palsy compensation. At JJS, our attorneys have court approval to practice in most of the United States, so we are familiar with the many laws and regulations that vary between states.

Timing of Legal Filing

The amount of time that has passed since your child was injured may have an impact on the type of damages for which you can receive compensation. The sooner you contact a lawyer after your child is injured, the better your chances are for recovering compensation for your child’s injury.

Janet, Janet & Suggs Fights for Better Cerebral Palsy Compensation

JJS is committed to fighting for the rights of children who have been injured because of another’s actions. Our lawyers have years of experience working for families who are doing the best they can for their children.

Our medical malpractice, birth injury and cerebral palsy lawyers have a proven record of identifying cerebral palsy cases caused by negligence and fighting for the maximum compensation our clients deserve. Our unique team holds a wealth of knowledge about cerebral palsy law and OBGYN practices during childbirth.

Janet, Janet & Suggs is committed to helping you get the compensation you need to take care of your child. We do not charge any upfront costs and do not recover attorney’s fees until we obtain fair compensation or a favorable jury verdict. Contact us today for a free, no-obligation consultation to learn more about your rights and legal options.

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