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U.S. Legal News

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

Date Published: Feb 02, 2012 - 10:33 am



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

Date Published: Feb 02, 2012 - 10:31 am



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

Date Published: Feb 02, 2012 - 10:29 am


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

Date Published: Feb 02, 2012 - 10:23 am


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

Date Published: Feb 02, 2012 - 10:21 am


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

Date Published: Feb 02, 2012 - 10:19 am


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

Date Published: Feb 02, 2012 - 10:17 am


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

Date Published: Feb 02, 2012 - 10:15 am


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

Date Published: Feb 02, 2012 - 9:55 am


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

Date Published: Feb 02, 2012 - 9:53 am


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

Date Published: Feb 02, 2012 - 9:51 am


Family Awarded $7 Million in Birth Injury Lawsuit Verdict


A Massachusetts family has been awarded more than $7 million following a lawsuit against the medical staff who they claim did not properly care for their prematurely born child who ended up passing away due to a preventable condition.

According to Boston.com, Danielle and John Bellerose brought the lawsuit against the medical team that tended to the birth of their daughter Katherine at Beth Israel Deaconess Medical Center on June 13, 2004. Katherine was born two months premature and quickly began experiencing health problems and was put in neonatal intensive care.

However, as Katherine’s condition worsened, the team allegedly took too long to diagnose that her bowels had become perforated.

Following an unsuccessful surgery to prevent her intestinal tissues from failing, Katherine passed away on June 21, 2004.

In the lawsuit from the Bellerose family that followed, jurors found that Dr. Janet Lloyd and nurse practitioner Michele Ambrosino were negligent in their care for Katherine and did not treat her appropriately.… Read More

Date Published: Feb 02, 2012 - 9:49 am


Antifungal Drug May Lead to Childbirth Injuries


The U.S. Food and Drug Administration has issued an advisory to the public warning that mothers-to-be who take high doses of an antifungal drug during their first trimester of pregnancy may be increasing their risk of giving birth to a child with a specific set of birth injuries.

Diflucan (or fluconazole) is an antifungal drug that is used by women to treat a number of fungal infections in the mouth, throat, esophagus as well as vaginal candidiasis. However, a number of published case studies have shown that pregnant women who take high doses of the drug (approximately 400-800 mg/day) during their first trimester increase the risk of a number of birth injuries and malformations.

Some of these birth complications include an abnormal development of the skull cap and other facial features, congenital heart disease, joint deformities and muscle weakness, oral cleft, and thin ribs.

Based on this data, the FDA announced this week that is was adjusting Diflucan from a Category C to Category D pregnancy drug.… Read More

Date Published: Feb 02, 2012 - 9:47 am


London Family Wins Cerebral Palsy Lawsuit


It may have occurred across the pond in London, but it is still always good to hear about successful childbirth injury lawsuits resulting in a settlement that will benefit those who have been harmed.

In the South London suburb of Tooting in 2004, Leo Whiten was born at St. George’s Hospital with cerebral palsy that was caused by a deprivation of oxygen that stemmed from doctors’ failure to perform a caesarean section birth when it was necessary.

Following the birth, the Whitens pursued a lawsuit against the hospital. In 2006, St. George’s Healthcare NHS Trust admitted that Leo’s injuries could have been prevented if appropriate action had been taken at the right time. The Whitens eventually won the lawsuit, gaining a £2.7 million (or approximately $4.4 million) settlement in the process.

“Leo is a delightful little boy but the injuries he suffered at birth mean that he will never be able to lead an independent life or work for a living.… Read More

Date Published: Feb 02, 2012 - 9:11 am


New Film to Chronicle Lives of those with Cerebral Palsy


Filmmaker Douglas Bollinger wants people to learn more about the day-to-day struggles and triumphs that individuals who were born withcerebral palsy deal with regularly, and he’s using his friend as the protagonist to do so.

In an attempt to shed light on the life of his friend Glen Haerle, as well as two other men who were born with cerebral palsy, Bollinger’s first documentary film will focus on the medical condition and the challenges it can bring to the everyday lives of those who are afflicted with it.

Called The Cohesion Project, the film is independently produced between Bollinger and Kim Surowicz and is expected to have a budget of approximately $20,000.

In addition to documenting events such as a hike Bollinger took with Haerle up the 6,288-foot Mount Washington, the documentary will also feature New York comedian Josh Blue and hedge fund manager Rich Donovan, both of whom have cerebral palsy.… Read More

Date Published: Feb 02, 2012 - 9:07 am


 
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