Cerebral Palsy

Brain injuries that occur during birth and delivery affect the lives of the entire family, not just the child. Cerebral palsy is one of the most common conditions our Philadelphia birth injury lawyers see in cases of medical malpractice. Managing these cases takes skill, experience, and a deep understanding of the law.

At Lopez McHugh LLP, we understand the worry and confusion you may be facing when your child is diagnosed with cerebral palsy. You may be unsure whether it is due to negligence on the part of your medical providers. We can discuss your case, explain your options, and answer your questions when you schedule a free consultation with a Philadelphia cerebral palsy injury lawyer.

What Is Cerebral Palsy?

According to the Centers for Disease Control and Prevention (CDC), cerebral palsy (CP) is a devastating condition that occurs during childbirth, predominantly when the child suffers a lack of sufficient oxygen to the brain. The effects of CP vary from person to person, but they last for the entire life of a child. Some may experience physical limitations with no cognitive symptoms, and others may have impacts on both their bodies and minds.

Cerebral refers to the brain and palsy refers to the impairment of motor function. Doctors generally diagnose CP in newborn children and babies, but it can also take between a few months to a few years to recognize the symptoms. Doctors characterize CP by observing the presence of one or more tight muscle groups that limit movement.

Children who suffer from cerebral palsy will show signs of stiff and jerky movements as early as their first days. If the child receives appropriate examination and care during their first doctor visits, their symptoms can be identified and treatment begun earlier. In some cases, however, healthcare providers may fail to notice signs or dismiss the parent’s concerns.

What Are the Types of Cerebral Palsy?

While the symptoms and extent of the disorder vary from child to child, cerebral palsy manifests in three main types:

• Athetoid cerebral palsy: The entire body is affected, including movement and communication. Children may have difficulty speaking, swallowing, chewing, and sitting up. Approximately 10 percent to 20 percent of patients have this type of the condition.
• Ataxic cerebral palsy: The child has trouble with both fine motor and gross motor skills, such as waking, feeding themselves, and writing. Only about five percent of CP cases are ataxic.
• Spastic cerebral palsy: The remaining 80 percent – or the vast majority of cerebral palsy diagnoses are spastic, with patients having stiff muscles and difficulty when walking or making other movements.

Children with CP will need special therapy and treatment to reach their individual potential. They may need more hands-on care than other children, potentially for several years or even decades of their lives. The substantial financial burden this places on their families cannot be understated, which is why it is crucial to identify any potentially negligent parties when a child is diagnosed.

What Are the Causes of Cerebral Palsy?

Cerebral palsy occurs when the developing brain has been damaged or has abnormalities that prevent proper control of movement and balance. There are several causes of cerebral palsy, which generally results from brain damage the child sustains before, during, or after birth.

The majority of children diagnosed with CP were born with it, which is known as congenital cerebral palsy. Their mothers may not have received appropriate prenatal care that would allow for the identification of risk factors. In most situations, this condition is typically caused when the baby suffers birth injuries such as:

• Brachial Plexus Injury – The network of nerves running through the spine suffers damage.
• Forceps Delivery Injury – The baby suffers damage from excessive force used with forceps during delivery.
• Hypoxia – Where the baby suffers an injury due to lack of oxygen. If oxygen is cut off completely or the flow of oxygen is reduced to the brain for an extended period of time, a baby can develop brain damage from destroyed tissue.
• Shoulder Dystocia – When doctors cause damage by using extra force to deliver a baby whose body cannot pass after the head.
• Vacuum Extraction Injury – A vacuum instrument causes nerve damage or injuries to the parent or child.

Non-congenital cases of CP in children are called acquired cerebral palsy, as the disorder began after birth. Patients with the condition may experience brain damage or brain infections in the first few months of life. They may suffer a head injury in a car crash, from a fall, or domestic violence. In cases of emergency treatment for another medical condition, recognizing the presence of acquired CP may not happen until later.

What Are the Signs of Cerebral Palsy?

Signs of CP typically appear very early on in a child’s life, although milder symptoms may not be clear right away. A specific diagnosis may be delayed until the child reaches two years of age or older. Typically, children with CP will have delays in reaching developmental milestones, such as rolling over, sitting up, crawling, and walking.

They may have decreased (hypotonia) or increased (hypertonia) muscle tone. Hypotonia can prevent them from being able to sit up, control their limbs, or hold their head up. Hypertonia may make their bodies stiff and tense, either all over or only on one side. Other signs to look for include:

• Difficulty holding utensils or writing instruments
• Drooling or problems swallowing
• Exaggerated reflexes
• Problems with fine motor movements, such as buttoning or picking things up
• Shaking or involuntary movements
• Struggling to speak or make sounds
• Trouble with coordinating their muscles when moving voluntarily
• Walking on the toes or other unusual gaits
• Weakness or rigidity in one leg or arm

Additionally, the child may develop seizures or demonstrate signs of vision problems, hearing loss, or sensitivity to touch, taste, sound, light, or odors. Parents may report these symptoms to their child’s pediatrician, who should investigate thoroughly to determine whether CP is present. Failing to do so or ignoring clear signs could make the provider liable for a missed diagnosis of cerebral palsy.

Treatments for Cerebral Palsy

Unfortunately, even in our technologically advanced society, there is no cure for cerebral palsy. Still, there are a range of treatments for those with the disorder that can often improve a child’s capabilities. The earlier the cerebral palsy is diagnosed, the more effective treatments can be.

There is no standard treatment plan that works for all children with CP. Therapies must be customized for the child’s needs and adjusted frequently to meet their abilities and growth. The desirable solution is for doctors to coordinate with a team of healthcare professionals to find what works best for each individual patient.

A combination of the following therapies, along with support from family and friends, can help a child with cerebral palsy live a near-normal life:

• Physical therapy: A physical therapist can help a child with CP improve muscle strength, balance, and motor skills through a variety of exercises. They may recommend movement disciplines that encourage control or strength training programs to develop weaker muscles.
• Speech and language therapy: A speech therapist can improve a child’s speech, teach a child new ways to communicate, and help with chewing and swallowing.
• Occupational therapy: An occupational therapist will focus on making the most of the child’s mobility at all stages of their development. The therapist can help them learn accessible ways to dress themselves, brush their teeth, and perform other self-care tasks.
• Recreational therapy: Recreational therapists can guide the child in using play and creativity to improve their motor and thinking skills. They encourage the child to become involved in sports, art programs, and other social events that expand the physical and cognitive capabilities at each phase of life.

Medications That May Help CP Patients

In addition to the many physical approaches to strengthen and improve a child’s strength and skills, there are promising medications that can aid with hypotonia and hypertonia. Certain oral and injected drug treatments have proven effective in helping relax contracted or overactive muscles.

The Cerebral Palsy Alliance Research Foundation (CPARF) describes commonly used medicines that help with muscle control, such as:

• Diazepam
• Baclofen
• Dantrolene sodium
• Tizanidine
• Botulinum toxin

These medications do have associated risks and side effects and require constant monitoring by a medical professional. As a child with CP gets older, they have options for medical devices that can assist with daily tasks and communication. Children may also benefit from certain surgical procedures to help their posture and correct any limb deformities.

Orthotic devices, including braces and splints, can help compensate for muscle imbalances and increase independence. If unable to move independently, wheelchairs, rolling walkers, and powered scooters can help individuals with CP continue with daily routines. Some individuals can eventually move without aids, while others will require them full-time for the remainder of their lives.

Should You Pursue a Legal Case When Your Child Has Cerebral Palsy?

Unfortunately, the costs of these treatments, medications, and assistive devices add up very quickly. Families with children who have cerebral palsy are often financially burdened with bills for long-term cerebral palsy care, including medical expenses, therapy programs, and special education. When it seems someone is at fault for the life your family and child now face, you may wonder if you have any legal recourse.

While there are many factors that may contribute to your child’s condition, it is frequently possible to identify individual healthcare providers and medical institutions that can be held liable. Their actions or inactions can often be shown to result in CP during what might otherwise have been an ordinary labor and delivery.

Your first step is to speak with experienced birth injury lawyers. They can determine who may be at fault, whether you have a valid medical malpractice claim, and if a personal injury lawsuit might be in order. With the right evidence and a demonstration of negligence, your family may be able to recover maximum compensation from those to blame to make your lives more financially stable.

Time to File Can Run Out Quickly

According to Title 42 of the Pennsylvania Consolidated Statutes, parents only have two years to file a lawsuit. The clock starts from the date they discovered their child is the victim of a birth injury causing cerebral palsy, and if the deadline passes, the parents could be left without any chance to seek compensation in court. The same does not hold true for the child’s own claims, however. In Pennsylvania birth injury litigation, the two-year statute of limitations doesn’t begin running for a lawsuit for a child’s injuries until the child’s eighteenth birthday. So, the child usually has until the age of 20 to file a lawsuit.

It takes many months to fully develop a strong medical malpractice case. The sooner you contact a reputable Philadelphia cerebral palsy attorney, the better your chance to recover funds to support your child’s needs. By starting with a free initial case review, you can understand what you should do to make the most of the limited time.

Philadelphia Cerebral Palsy Lawyers

The CDC estimates that 1 out of every 345 children born each year are diagnosed with CP. It is the most common birth injury and affects patients throughout their lives by limiting organ development, causing additional stress on the cardiovascular system, and prematurely aging the person. In addition, their families can be severely affected when parents must leave their jobs to take on full-time care for their child. The monetary and emotional burden may be tremendous.

Families who face this situation should never have to pay for the consequences of someone’s careless or negligent actions. At Lopez McHugh LLP, we are dedicated to helping our clients who are dealing with the expense of supporting a child with CP. We want to remove the stress of managing a medical malpractice claim or lawsuit off their shoulders so they can concentrate on what matters most: their child.

If your child has cerebral palsy and you suspect a birth injury may be the cause, do not delay any longer. Call the experienced Philadelphia birth injury lawyers at Lopez McHugh LLP for a free and confidential consultation.