In New York State, a tremendous verdict was awarded recently to a 24 year old woman who suffers from Cerebral Palsy.
Cerebral Palsy Results After Prolonged Oxygen Deprivation
Tiffany Busone and her mother sued the Bellevue Maternity Hospital (now known as the Bellevue Women’s Center) for negligently delivering Tiffany on July 15th, 1984. Tiffany was deprived of oxygen for nearly 15 minutes while doctors failed to properly resuscitate her. She now suffers permanent brain damage because of it.
The Saratoga County, six member jury, made up of three men and three women, unianimously agreed to award Tiffany the $43.5 million dollar verdict. The money breaks down to $20 million for home health aides, $15 million for future pain and suffering, $6 million for past pain and suffering, and the remainder for medical expenses and loss of wages.
Tiffany will always require a wheel chair, home health aides, special medical equipment, and, despite her above average intelligence and bachelors degree from Arizona State University, will never be able to hold a job to support herself financially. Her lack of motor skills and permanent brain damage will render her unfit for the workforce.
This verdict will serve to support Tiffany and her mother, who cares for her, for the rest of Tiffany’s life.
Cerebral Palsy Attorneys in New Jersey and Philadelphia
If your child suffers from a birth injury or defect such as cerebral palsy, it may be due to medical malpractice or negligence. Contact the Mininno Law Office for a free case evaluation. The medical malpractice and cerebral palsy attorneys at the Mininno Law Office are here to answer any questions that you may have regarding your legal rights. You can also call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Birth Injuries that commonly occur include Cerebral Palsy, Erb’s Palsy, face paralysis, bruises and swelling, Shoulder Dystocia, and brain damage. These injuries are generally brought on by oxygen deprivation and doctor error. Oxygen deprivation is commonly caused by umbilical cord compression, the improper insertion of an oxygen tube, Meconium Aspiration Syndrome (the baby inahles it’s own fecal matter or amniotic fluid), or excessive time spent in the birth canal.
Dr. Stephen Serlin was summoned at 5am on February 24th, 1993 to perform an emergency C-section for Marlayna’s mother, Dawn Kineke. He did not arrive at the hospital until 7am, and the procedure didn’t begin until 8:14am. In that time, Marlayna suffered fetal asphyxia from umbilical cord compression within the womb, which caused cerebral palsy and a host of additional developmental issues.
Haley Cobb was diagnosed with cerebral palsy shortly after her vaginal birth. Upon further investigation, it was determined that the doctor, Dr. Tara Shipman, should have performed a c-section. Failure to do so caused oxygen deprivation to Haley’s brain, and led to cerebral palsy. A 15 day trial in October won Haley’s parents, Okey and Debra Cobb, $13.9 million dollars. Also enforced was a $6.5 million dollar settlement the Cobb’s reached with other parties pre-suit. All in all, the Cobbs will receive $20.4 million for the lifetime of care and special medical necessities for their daughter, Haley.
Many times the characteristics of the condition depend on the severity of the child’s muscle limitations and what parts of the brain’s cognitive functions are affected. For example, spastic cerebral palsy is the most common diagnosis. Athetoid dyskinetic is the second most common form of Cerebral Palsy afflicting children. Many times, these conditions are not immediately noticed at birth, but sometime after the child begins to develop. These are congenital birth injuries because these types of CP typically develop in utero. However, if a child has this type of birth injury, it does not necessarily mean that it was caused by medical error or a negligent doctor. These types of birth injuries can, and many times do, happen in the absences of medical negligence. A New Jersey birth injury lawyer will need to carefully review all of the medical records to help determine if this type of brain injury was or was not caused by medical malpractice.
In March, an Orlando jury awarded a $38.75 million dollar verdict after medical malpractice in the delivery room caused an irreversible birth defect: