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FDA Sued Over Documents in Birth Defects Lawsuit

The Food and Drug Administration (FDA) has been hit with a lawsuit alleging it failed to turn over documents regarding the use and distribution of the morning sickness drug thalidomide despite repeated requests by attorneys who have filed a birth injury lawsuitagainst the companies involved with the drug.

Law360 (subscription required) reports the FDA is being sued for allegedly violating the Freedom of Information Act by failing to fulfill requests for records pertaining to a case against GlaxoSmithKline PLC and other drug companies. The underlying birth injury lawsuit alleges GlaxoSmithKline and other defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint, filed on behalf of 13 people who were born with severe birth defects, also claims thalidomide was distributed to more than 20,000 people by Smith Kline & French (the predecessor GlaxoSmithKline) despite the fact that the drug never received FDA approval.

If you or a loved one have been affected by medical negligence during the birth of a child, you may want to speak to a birth injury attorney about filing a birth injury lawsuit.… Read More

Rare Birth Defects Connected to Painkillers

Women who take certain over-the-counter painkillers during the early stages of pregnancy are more likely to give birth to infants with rare birth defects, a new study suggests.

The study, which has been published in the American Journal of Obstetrics and Gynecology, shows that women who took painkillers such as naproxen (the drug used in Aleve) or aspirin during pregnancy were three times as likely to have children with birth defects such as amniotic band syndrome (a condition that leads to clubfoot) or anaphthalmiaand microphothalmia (conditions where children are born with abnormally small eyeballs, or no eyeballs at all), Reuters reported.

Additionally, the study found that the use of these painkillers early in one’s pregnancy increased the risk of spina bifida by 60 percent, and that the risk of developing a cleft palate increased from 30 to 80 percent.

In the study, interviews were conducted with 15,000 women who had given birth to babies with birth defects and 5,500 women who had given birth to babies without defects.… Read More

Zoloft Lawsuit Filed Against Pfizer

A Zoloft lawsuit has been filed against drug maker Pfizer by a group of parents who claim the antidepressant caused their children to be born with severe birth defects, including heart damage.

According to the Madison Record, six couples filed Zoloft lawsuits on December 2, 2011 and allege that, despite the medical studies published on the dangers of drugs similar to Zoloft in pregnant women, the mothers were all prescribed the antidepressant drug during their pregnancies. thedangerous drug lawsuits claim that Pfizer was aware of the possible risks Zoloft posed, and that the company did not properly design or test their antidepressant.

The Zoloft lawsuits also claims that the drug did not have proper labeling to warn consumers about the possibility of birth defects associated with its use in pregnant women, and that Pfizer violated Consumer Protection Laws.

The drug maker is being charged with breach of implied warranties, fraud, misrepresentation and negligence.… Read More

Zoloft Lawsuit Filed Against Pfizer by Woman Born with Birth Defects

A Zoloft lawsuit has been filed against Pfizer by a Chicago woman claiming the antidepressant drug taken by her mother during pregnancy caused her to be born with birth defects.

According to the Madison Record, Angela Rife claims that she was born on December 1991 with congenital birth defects, including cleft palate and cleft lip that was caused by Zoloft medication given to her mother during the pregnancy.

The Zoloft lawsuit, which was filed on December 5, 2011, alleges that the drug maker knew about the risks associated with pregnant women taking Zoloft and failed to properly test the antidepressant. Rife also claims that Pfizer failed to warn patients of these risks despite having knowledge of them.

The complaint charges the drug maker for fraud, misrepresentation and negligent and careless breach of duty.

If you were born with a birth defect due to the use of Zoloft or anotherdangerous drug, contact Sokolove Law to learn about your options and receive a free legal consultation.… Read More

Cerebral Palsy Victim becomes Doctor

Cerebral palsy is a serious birth injury that affects many families in the U.S. The birth injury causes lifelong challenges to both victims and their families, making it difficult to achieve life goals. That’s why this story is so heatwarming and inspiring.

Tyler Sexton was born in February 1986, 12 weeks earlier than expected. Soon after the birth, his lungs collapsed and posed such a danger that his parents were told that he would probably not live. Even after pulling through the ordeal, he was eventually diagnosed with spastic diplegia, a form of cerebral palsy. He was 18 months old when his parents noticed that he was not able to sit up or crawl very easily. Because the cerebral palsy affected his lower extremities, doctors predicted that he would spend the rest of his life in a wheelchair.

However, Tyler committed himself to proving doctors wrong and worked with a physical therapist beginning at age three when he received his first walker.… Read More

Mother Awarded $1.4 Million in Grisly Birth Injury Lawsuit

In an unusually grisly birth injury case, a Louisville-area mother was awarded $1.4 million in damages by a jury following the accidental decapitation and death of her premature baby during delivery.

According to the Louisville Courier-Journal,  Micheatria Donelson was approximately 21-24 weeks pregnant on February 23, 2006, when she was admitted to Norton Suburban Hospital complaining of bleeding. A coughing fit the next day sent her into early labor. Despite her calls for help, Donelson claimed doctors and nurses did not come to her aid for five minutes.

Donelson’s lawsuit alleged that when the emergency delivery got underway, Dr. Joseph Bilotta failed to remove a cerclage – a string that is similar to a shoelace – that had been inserted to keep the cervix closed so the child would remain in the womb. As a result, the cerclage acted as “a noose” and helped decapitate the child when Bilotta pulled during the delivery.… Read More

Cerebral Palsy Victim Can Afford Care After iPhone Game Fundraiser

While we have heard of handheld devices such as the iPhone or iPad being used as part of therapy programs for children with cerebral palsy, an actual game being developed to raise money for a child with a birth injury is a new – and to us – fantastic idea.

According to the video game publication Gamepro, mobile developer Big Ideas Digital has launched a charity drive involving one of its iPhone games – Say What You See: The Collection – to raise money for a 5-year-old girl born with spastic dyplegic cerebral palsy.

Grace Windram was diagnosed with the birth injury – which affects muscle control in the legs, arms, mouth, and tongue – after she was born prematurely in 2006. After undergoing treatments, she still is unable to walk. There was hope that this could change after Grace was accepted to receive intense physiotherapy that could teach her to walk at the St.… Read More

Cerebral Palsy Patient to Debut New Show on Oprah Winfrey Network

After gaining Internet fame for an audition video posted as part of a reality show contest led by television diva Oprah Winfrey, wheelchair-bound cerebral palsy survivor Zach Anner will star in his own show documenting his travels and exploits around the world.

The show, titled “Rollin’ with Zach,” will premiere December 12 on OWN: Oprah Winfrey Network and hopes to raise awareness regarding cerebral palsy while also showing that those afflicted with it are able to lead productive and exciting lives.

Anner was something of an Internet star before he submitted an audition video to “Your OWN Show: Oprah’s Search for the Next TV Star,” a reality show that promised to give its winner a deal to create an original series on OWN. Some 15,000 auditions were submitted for the reality series. Anner was one of two contestants chosen to create their own show.

“Rollin’ with Zach” is a travel show where Anner “explores the country, meets new people, indulges in his favorite treats, and attempts new and exciting experiences he never imagined possible.” In each episode, Anner travels to a city and conquers a “Top Five” list of activities for that area that range from surfing and sailing to appearing as a contestant on “The Price is Right”.… Read More

Florida Couple wins $4.5 million in Birth Injury Lawsuit

A West Palm Beach, Florida, couple has been awarded $4.5 million in abirth injury lawsuit levied against the doctors who did not properly anticipate and care for their child, who was born with no arms and only one leg.

The Palm Beach Post reported that Ana Mejia and Rodolfo Santana were awarded the money – half of the $9 million they were originally seeking – to help fund a life plan for their son, Bryan, so he could live a comfortable life for an estimated 70 years. The $9 million plan maps out costs for prosthetics, wheelchairs, medical care, and assisted living needs over that time span.

“Ana and Rodolfo Santana know their mental anguish and their emotions are not important,” said Robert Bergin, the couple’s attorney. “The only thing that will help make up for their mental anguish is to know Bryan’s life plan is fully funded.”

The jury ruled in the couple’s favor after deciding that sonograms taken prior to Bryan’s birth were read incorrectly by doctors and technicians and failed to pick up his disabilities.… Read More

Honor Those with Cerebral Palsy during National Disability Employment Awareness Month

Birth injuries such as cerebral palsy are a life-long condition. So many adults who were born with cerebral palsy must cope with it as they live their lives, maintain families, and work full-time.

With the U.S. Labor Department celebrating October as National Disability Employment Awareness Month, we thought it would be appropriate to take a moment to honor cerebral palsy patients who contribute so much to the workforce.

Cerebral palsy is a term used for a group of conditions that are caused by injuries or abnormalities of the brain and nervous system that most often occur while the baby is still in the womb. Many times, cerebral palsy can develop due to medical negligence.

Severe cases of cerebral palsy often require regular medical assistance and can significantly hamper one’s ability to move. However, other cases may be much more manageable and allow the individual to live a mostly independent and self-sufficient life, which may include pursuing a full-time career.… Read More

Cerebral Palsy Patients Seek Out Missouri Doctor for Innovative Treatment

Cerebral palsy is a condition typically contracted through birth injury and the treatment options are few. One Missouri doctor may be changing that with a new, innovative cerebral palsy treatment.

While a number of treatments are available for those with cerebral palsy, a new treatment from the St. Louis Children’s Hospital that has been perfected by neurosurgeon Dr. T.S. Park has become a popular option for those who can afford the treatment and make the trip to Missouri.

Dr. Park’s specialty is the selective dorsal rhizotomy, a procedure that was developed more than 30 years ago that involves the cutting sensory nerves in the bottom of the spine to relieve muscle rigidness that often is caused by cerebral palsy. Cerebral palsy patients who have trouble walking are the most common recipients of the procedure and have shown considerable improvement in their ability to walk as a result.

Park is known for developing a less-invasive technique of the procedure that involves removing bone from one vertebrae to locate the spasticity-causing nerves.… Read More

Children with Cerebral Palsy Benefit from New Device

If soon-to-be published results from a recently completed clinical trial are any indication, a new device developed by an Israeli medical company may eventually be able to help children with cerebral palsy learn to walk.

MediGait, a company headquartered in Haifa, Israel, and founded by Israel Institute of Technology professor Yoram Baram, recently conducted a clinical trial for its new product: the GaitAid. The device consists of a pair of virtual reality goggles with headphone to provide audio and visual stimulation, as well as small unit that is clipped onto the patient’s pants.

Movements tracked by the unit are recognized and replicated through the goggles and headphones to give the illusion of movement.

The clinical study tested the product on 10 children with cerebral palsy, and 10 similarly aged children who were not born with birth injuries. During the study, children used the device to walk along a 10-meter path for 20 minutes.… Read More

Engineer Creates ‘Frankenkindle’ for Sister Suffering from Cerebral Palsy

An electrical engineer from California has taken utilized his technical know-how and created a “FrankenKindle” to help his sister who suffers from cerebral palsy.

Using a “hacked” Kindle eBook reader, six large buttons taken from a V.Reader childrens’ eBook device, a few planks of wood, and an array of wiring and circuitry, Glenn from Santa Cruz, California, was able tofashion together a device for his sister, who suffered the birth injury and now has difficulty with basic motor functions.

In order to accommodate her limited motor functions, the larger buttons from the V.Reader are rewired to perform the basic commands on the Kindle and allow her to read books. Everything is connected through a series of circuits that are housed behind the Kindle in wood casing.

Glenn currently has assigned functions to all six of the V.Reader buttons. He added in a YouTube video that he was thinking of adding new function buttons during “later revisions” to the device in the future.… Read More

HUD Charges Landlords with Discriminating against Cerebral Palsy Child

The U.S. Department of Housing and Urban Development is getting involved in an unfortunate case of potential discrimination against a mother with a child suffering from cerebral palsy.

HUD officials announced this week that they have charged the landlords of an Iowa apartment building with violating the Fair Housing Act after refusing to properly accommodate the family, which has a seven-year-old daughter who suffered the childbirth injury.

As part of her treatment, the girl had previously received a Labrador retriever as a medically-prescribed emotional support animal. However, when the mother and daughter moved into an apartment owned by John and Nancy Meany, the landlords refused to modify a “no pets policy” for the apartment.

Despite the mother’s ability to provide documentation of the need for the dog to live with her daughter from her pediatrician and therapist, the landlords still refused to allow the dog unless they received a $200 deposit and a $25 monthly rent increase.… Read More

California Man with Cerebral Palsy Receives Nationwide Attention After Climbing Mountain

Following his attempt to show that he is not limited by his cerebral palsy, a Coronado, California, man’s recent physical accomplishment has gotten him a considerable amount of media attention and praise.

Stephen Wampler was born with cerebral palsy that has always limited his movement. Nonetheless, he was able to take up the rigorous sport of mountain climbing. Following a year of training with a rope and pulley system, Wampler set out to become the first person with cerebral palsy to ever climb El Capitan, a 3,000-foot mountain in Yosemite National Park.

The climb was originally meant to show children that anything can be accomplished with the right mindset while also raising money for his Wampler Foundation, which helps children with disabilities attend outdoor camps in the Sierra Nevada mountain range.

However, his six-day climb ended up doing more than that. In addition to earning him a nomination for an ESPY Award for “Male Athlete with a Disability,” it also was chronicled in a documentary film titled Wall: The Journey Up, which will premiere at a local park later this month.… Read More