Boy with Cerebral Palsy Awarded $3.25 Million

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.