Cerebral Palsy

What is Cerebral Palsy?
The term cerebral palsy refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination but doesn’t worsen over time. Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves. It is caused by abnormalities in parts of the brain that control muscle movements.

The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age. The most common are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a “scissored” gait; and muscle tone that is either too stiff or too floppy. A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, or child abuse.

Cerebral palsy affects 10,000 babies born in the United States each year. It is a permanent and irreversible crippling condition affecting the central nervous system of an infant or a young child. In many instances, the cause of the brain abnormality is unknown, however there are many ways in which the negligence of a hospital delivery team can cause cerebral palsy during the birth process.

Is there any treatment?
Cerebral palsy can’t be cured, but treatment will often improve a child's capabilities. Many children go on to enjoy near-normal adult lives if their disabilities are properly managed. In general, the earlier treatment begins the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them. Treatment may include physical and occupational therapy, speech therapy, drugs to control seizures, relax muscle spasms, and alleviate pain; surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; wheelchairs and rolling walkers; and communication aids such as computers with attached voice synthesizers.

What is the prognosis?
Cerebral palsy doesn’t always cause profound disabilities. While one child with severe cerebral palsy might be unable to walk and need extensive, lifelong care, another with mild cerebral palsy might be only slightly awkward and require no special assistance. Supportive treatments, medications, and surgery can help many individuals improve their motor skills and ability to communicate with the world.

What research is being done? Researchers are investigating the roles of mishaps early in brain development, including genetic defects, which are sometimes responsible for the brain malformations and abnormalities that result in cerebral palsy. Scientists are also looking at traumatic events in newborn babies’ brains, such as bleeding, epileptic seizures, and breathing and circulation problems, which can cause the abnormal release of chemicals that trigger the kind of damage that causes cerebral palsy. To make sure children are getting the right kinds of therapies, studies are also being done that evaluate both experimental treatments and treatments already in use so that physicians and parents have valid information to help them choose the best therapy.

Present results? About half of the people who have cerebral palsy need to use devices-such as braces, walkers, or wheel chairs-to help them get around, and almost 70% have other disabilities, primarily mental retardation. Depending on the severity of their disability, people with cerebral palsy may need assistive devices for various tasks, specialized medical care, educational and social services, and other help throughout their lives from both their families and communities. As such, recovering adequate damages in those cases where the condition is caused by negligence is vital.

According to the National Institute of Neurological Disorders and Strokes, the average lifetime out-of-pocket costs associated with cerebral palsy is $921,000 (in 2003 dollars). Half of these costs are borne by families, who often find it difficult to obtain all the services they need to help their children. After adjusting these totals to today’s dollars, and considering all the pain and suffering, humiliation, loss of enjoyment of life, and other related damages, it is easy to see why cerebral palsy cases require prosecution by an attorney who is well-versed in this tragic area of personal injury law. The highly specialized care, therapy, and the challenges of raising a child with cerebral palsy involves very substantial expenditures of money, and require an understanding of the condition, its limitations and demands, and love, patience, indulgence and perseverance on the part of the parents and all other members of the immediate family.

Let Williams & Moore, P.A. help you to determine whether you and your child are entitled to monetary compensation for the injuries of cerebral palsy.

In cerebral palsy cases it is essential that measures be taken promptly to preserve evidence, review the medical procedures in question, and to enable physicians or other expert witnesses to thoroughly evaluate the birth record and injuries. If you or a loved one is a victim of cerebral palsy, call now at (866) 258-6700. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.