A record award by a New York jury was sent down last week in the case of a 25 year old woman who was left permanently disabled after a birth injury caused her cerebral palsy.

The mother of Tiffany Busone filed the medical malpractice lawsuit more than two decades ago against Bellevue Women’s Hospital.  Her lawsuit claimed that when doctors at the hospital resuscitated and intubated her infant daughter, they did so incorrectly causing her to go without oxygen.  She subsequently developed cerebral palsy and brain damage as a result of the oxygen deprivation.

Busone, now 25 years old, is confined to a wheelchair and has only limited communication.  She will require home health care for the rest of her life and will never be able to work.

Cerebral palsy is a brain injury that often occurs before or during birth that can leave the child with developmental problems, brain damage, decrease or complete loss of motor functions and other permanent injuries.  Often times the cause of a child’s cerebral palsy is a doctor’s negligence, as in this case.

The jury that heard the case found in favor of the plaintiffs, awarding them $20 million for Busone’s home health care needs, $21 million for past and future pain and suffering and additional amounts for medical expenses and loss of future earnings, totaling $43 million altogether.

The verdict was a long time coming for the Busone family, who has been fighting for justice on behalf of Tiffany since 1991.

The parents of a disabled boy living in Nova Scotia recently settled an ongoing lawsuit with the hospital in which their son was born. The plaintiffs received $4.5 million in the settlement over a medical malpractice lawsuit.

Lawsuit Details

The parents of Jacob Sauliner, now 12, claimed in the cerebral palsy malpractice lawsuit that the Valley Regional Hospital is to blame for the current disability that will now affect him the rest of his life.

The battle began nearly nine years ago when the Sauliners filed the suit against their former doctor at the hospital. At the time, the doctor also reportedly served on the Western Regional Health Board. According to reports, in the end both sides chose to avoid an expensive trial and opted for a mediator to be used in the case instead. The settlement was finalized and approved by a justice of the Nova Scotia Supreme Court and is the largest settlement of its kind for a cerebral palsy case in the area.
Reports claim that both legal sides of the case were extremely dedicated to doing what was right for Jacob, as he was clearly the victim in the case. More than half of the $4.5 million will go to medical care for Jacob. There will also be periodic payments made to Jacob throughout his life. Each of Jacob’s parents will also receive $125,000 in the cerebral palsy settlement as well as a special van that will cater to Jacob’s needs.

What is Cerebral Palsy?

Cerebral palsy is a disability that most often affect children from complications during childbirth and during fetal development. Cerebral palsy affects the how the brain functions and develops. The disability also impacts muscle coordination and the overall movement of the body.

There are several therapies that have developed to help those living with cerebral palsy live more comfortably and help further their developmental abilities. However, a cure has yet to be found and hundreds of thousands of children are born with cerebral palsy in the U.S. each year.

The family of 7-year-old Roberto Morales, Jr. reached a cerebral palsy settlement for $6.5 million this week. Diagnosed with cerebral palsy after his birth in 2001, Morales now suffers from limited mobility and requires continued health care. The settlement will help with his ongoing health care costs.

Inadequate Oxygen to the Brain
Roberto was delivered at Provena Mercy Medical Center. Attorneys working on his behalf argued that the obstetrician and delivery nurse failed to respond to fetal distress and Roberto suffered a lack of oxygen as a result.

He was born with hypoxic ischemic encephalopathy, a type of brain damage that is caused by inadequate oxygen and may cause death, developmental delays, mental retardation and cerebral palsy.

A Vulnerable Time
Labor and delivery is an especially vulnerable time for infants, and the slightest mistake can have devastating consequences. When a child is diagnosed with a brain injury such as cerebral palsy after a traumatic delivery, it may be a good idea for the parents to do some further investigation.

On Friday, an Idaho jury awarded $3.25 million to a 4-year-old boy who suffered brain injury during birth and now lives with cerebral palsy. His mother, a former inmate at Pocatello Women’s Correctional Center, was also awarded damages in the amount of $375,000.

Complaints Ignored
Jamie Lysager was about seven months pregnant when she began to complain of severe abdominal pain. Lysager was checked by a nurse at the prison infirmary, where she remained for the next 11 hours despite her complaints.

It turned out that Lysager was in preterm labor. At the urging of prison guards, the nurse finally checked on her again. This time the nurse had Lysager sent to the hospital, but in a prison van rather than an ambulance.

Birth on Cold Concrete
In a wheelchair on her way to the van, Lysager gave birth to son Taylor. He was born onto a cold concrete ramp. Prison guards took the mother and infant back inside where they remained until an ambulance came. During this time, Taylor was not getting sufficient oxygen to his brain

At about two years of age, Taylor was diagnosed with Periventricular Leukomalacia (PVL), a permanent type of brain injury common in premature babies. It is caused by oxygen deprivation and/or poor blood circulation and is often a precursor to cerebral palsy.

Medical Negligence
Lysager filed her lawsuit against Prison Health Services, the group that previously administered medical services for the state’s Department of Corrections, and two of its employees. The lawsuit claimed medical negligence, among other things.

Medical negligence often has dire consequences that aren’t always immediately apparent. However, as soon as medical negligence is suspected, it’s wise to seek the advice of an attorney who can determine what, if any, legal action can be taken.