What Compensation is Available for Cerebral Palsy Injuries?
If you, your child, or your loved one experiences symptoms resembling Cerebral Palsy, then you should speak with an attorney quickly because you might be able to recover damages for the injuries that result. Illinois law allows you to seek compensation from the person that caused the harm for the full extent of the injury. It can cover things like past and future medical bills, long-term pain, reduced quality of living, lost future wages, and many other things. Cerebral Palsy is a dramatic and life-altering condition. For this reason, we normally see their cases receive some of the highest awards across all Illinois courts. Speak with a Cerebral Palsy attorney today to ensure that you don't miss out on the justice that is rightfully yours.
What do Cerebral Palsy Cases Recover?
When you are trying to imagine what you could recover in a Cerebral Palsy lawsuit, whether in Illinois or any other state, remember that awards or settlements mirror injuries. To that end, here are some significant categories to keep track of because they are where we see compensation arise most frequently:
Medical Bills: Cerebral Palsy imposed serious and significant upfront as well as long-term medical bills. These costs cover things like physician consultations, rehabilitation, therapy, medications, and other things. If someone's misconduct causes your child's condition, it is important to attempt to recover for all of these things.
Cost of Care: Cerebral Palsy also creates the need for assistance and care on a day-to-day basis. This adds an enormous financial burden that you shouldn't have to shoulder alone. If medical malpractice, negligence, or any other event created this necessity, you should work with counsel to recoup these costs.
Quality of Life: Cerebral Palsy hampers a person's quality of life and tolls them with pain and suffering for the foreseeable future. Courts generally acknowledge this specific pain and allow recovery for it. In fact, in many instances, plaintiffs can recover more for this than for the out-of-pocket expenses the incident created in the first place.
Lost Wages: Cerebral Palsy affects a person's ability to enter the workforce and earn a living. Like many other disabilities, it removes them from competition in certain job fields. To make up for this, many plaintiffs seek damages for the lost wages they might have earned but for the incident which led to their condition. This compensation may be available to you as well.
These aren't the only places where recovery is available for people suffering with Cerebral Palsy. For instance, plaintiffs can also obtain damages for the out-of-pocket costs the event created, for the burden it placed on family members, and for other injuries. Yet, these are normally the most lucrative areas of compensation for those that sustain Cerebral Palsy Injuries.
What Does Obtaining Recovery in Cerebral Palsy Cases Take?
While the legal system can seem daunting and difficult, there are specific things to focus when seeking recovery for Cerebral Palsy injuries. First, you need to gather enough resources to mount an investigation into the circumstances of the event which led to the condition. Second, you need to obtain a thorough understanding of the laws that recognize your harms and afford your relief. Third, you need to build a case and file it in the proper courthouse on time. Fourth, you need to argue your case in trial and rebut every defense that the defendant offers. This is what a Cerebral Palsy takes, and the complicated nature of the medical issues involved tend to make things a bit harder. The good news is that a qualified medical negligence attorney can marshal all resources necessary to successfully complete every one of these things.
National Cerebral Palsy Awards and Settlements
$4,720,000 MISSOURI SETTLEMENT.
This case took place in Kansas City, Missouri. The mother was admitted to a hospital in the early hours one morning. Nurses took her in and got her ready. The doctor did not see her for nearly four hours. Over the next hour or two, he helped deliver the child. What took place in that timeframe set the course for trial. Apparently, the umbilical cord was wrapped around the kid’s neck. This caused breathing problems. Those problems could have been noticed if the staff checked the child’s heart rate. Plaintiffs’ counsel expertly showed that red flags went off for this issue, but they were ignored. Several times the nurses and doctor put aside reports that the child couldn’t breath and had rapid heart failure. The oxygen failure produced many harms including cerebral palsy. The child was born totally disabled. She would need medical care for the rest of her life. She would never be able to speak, walk, or work. Through her parents, she sued the hospital, obstetrician, and nurses. The suit stated that their combined negligence caused the family’s damages. They sought money for past and future medical bills, disability, pain, and other losses. Insurance companies for the defendants worked out a settlement. However, about $20,000 had to be paid out of pocket because their policies were maxed out.
$13,900,000 GEORGIA SETTLEMENT.
This incident involved a mother and her infant daughter. The former entered a Georgia hospital for the delivery of her newborn baby. She thought this would be one of the best days of her life. In fact, it turned out to be one of the worst days of her life. In the lawsuit she filed months later, she claimed that nurses were responsible for the turn in events. Apparently, they didn’t properly keep a lookout during the birth. They were supposed to monitor various signals to ensure all was going according to plan. Some of them tracked heart rate and other vital signs of the baby. The mom said they didn’t do this. If they had, they would’ve seen the kid’s vitals drop. The child experienced oxygen deprivation. This led to cerebral palsy, epilepsy, and a traumatic brain injury. The mother sued the nurses working on the deliver. They were employed by the hospital. The plaintiffs used the expert testimony of another nurse to exhibit what the nurses should have done. Then they used that witness to show the defendants’ breach from that norm led to the child’s problems. This linear focus was instrumental in obtaining the settlement noted above. It’s one of the highest for cerebral palsy cases. It reflects the stark nature of the defendants’ errors.
$2,800,000 MASSACHUSETTS SETTLEMENT.
Everything went wrong in this case. A mother appeared for delivery at a Massachusetts hospital. She was in the 38th week of her pregnancy. She was pregnant with twins. Initially, the doctor tried to use a vacuum to take the kids out. The doctor tried this a couple of times. Then, the doctor chose to perform a C-section. Yet, that didn’t occur for about one hour after the call had been made. By that time, one of the kids was in serious danger. They had to take special efforts to resuscitate him. Years later, he was still seriously affected by the birth. He had cerebral palsy and other physical and sensory impairments. He couldn’t walk or talk as he should be able to for his age. The parents sued the hospital and doctors. They claimed the defendants acted contrary to medical norms. They argued the defendants should have performed a C-section initially and quicker. The defendants dismissed this contention. They were to use their own expert witnesses to try and show they acted within proper bounds. Yet, just a week or two before trial started, both sides reached a deal to end the litigation. The plaintiffs received $2.8 million.
$1,250,000 FLORIDA SETTLEMENT.
This case was thorny at the onset because of the facts. Deliveries often happen fast. It can be hard to recall exactly what happened. Plus, so many people come and go that it complicates the matter even more. Nurses, doctors, and radiologists enter and leave the room at breakneck speed. Here, the dispute centered on the exact manner in which the baby was delivered. The plaintiffs, represented through the kid’s parents, said that the child was turned improperly. This turn was put upon the baby by the doctor. That force restricted the air flow. Consequently, the air deprivation led to a number of complications. Chief among the troubles, the child suffered cerebral palsy. This created drastic problems for her. She would forever have difficulty with speech and walking. Her parents would need to secure medical care indefinitely. All of that would come only with enormous costs. They sued the doctors and the treatment center. Their claims focused on the method of delivery. They described how this veered away from the customary techniques. Then, they illustrated the effect it had on the child. Both parties settled the matter privately for a reported $1.25 million.
Still Having Problems Estimating the Worth of Your Claim?
How much is my child's Cerebral Palsy case worth? How much is the typical personal injury case worth? Rosenfeld Injury Lawyers LLC gets these questions frequently from concerned parents across Chicago and many other Illinois cities. They need to know if the juice is worth the squeeze because their kid or loved one is battling and they need to return to helping them as quickly as possible. For this reason, we set up initial consultations with families affected with this tragedy early and at no-cost. These meetings allow us to show them what they need to do and how we can help them. To set up yours, call the offices of the Rosenfeld Injury Lawyers LLC now.
For additional information see the following pages:
- Can Cerebral Palsy Be Treated?
- Cerebral Palsy Statistics
- How Can a Cerebral Palsy Lawyer Help?
- How Can I Bring a Cerebral Palsy Lawsuit?
- How do Children Get Cerebral Palsy?
- How Does Cerebral Palsy Affect Children?
- What Are Cerebral Palsy Symptoms?
- What Are The Time Limits For Cerebral Palsy Lawsuits in Illinois?
- What Is Cerebral Palsy?
- What Is The Average Cerebral Palsy Settlement?