Cerebral palsy is one of the most common birth injuries here in New York and across the United States. Each year, nearly 10,000 newborns suffer birth injuries that lead to cerebral palsy – a lifelong condition with no cure. Those with cerebral palsy struggle with lifelong muscle paralysis, coordination issues, developmental delays, speech impediments, and many other serious health issues.

Though there is no cure, a cerebral palsy lawyer can help you get financial compensation for your child’s injuries.

If your child’s cerebral palsy was caused by the negligence of a medical professional or hospital, you may be entitled to compensation for all the present and future expenses the injury will cost you. To learn more, contact the expert birth injury law team at Merson Law PLLC.

If you are unsure of whether you have a birth injury case, you can contact Merson Law PLLC for a free initial consultation, or read on to learn more about cerebral palsy.

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Did you know?

Even though doctors know what causes cerebral palsy, medical knowledge of the condition is still somewhat limited. In many cases, the exact cause of a child’s CP is unknown.

What is Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that permanently affect a person’s ability to move and maintain balance and posture (CDC).

The name, cerebral palsy, literally means a palsy (meaning weakness or problems with using muscles) caused by some injury to the brain – cerebral.

Cerebral palsy is often identified by a characteristic gait (way of walking) and lack of muscle coordination, and sometimes by a unique speech impediment caused by reduced control of the muscles required to talk.

CP is not a disease, but a birth injury. CP is caused by abnormal brain development or damage to the developing brain. In 80-90% of cases, it is congenital (from birth), but in rare cases, it can develop within the first few years of life, while the brain is still rapidly developing.

What causes Cerebral Palsy?

Cerebral palsy is always caused by an injury to or developmental issue with the brain. This injury or developmental issue causes problems with the brain’s communication with the muscles in the body.

Even though doctors know what causes cerebral palsy, medical knowledge of the condition is still somewhat limited. In many cases, the exact cause of a child’s CP is unknown.

There are, however, many known risk factors for CP.

Risk Factors of Congenital CP

Known risk factors of congenital CP include:

  • Low birthweight―Children who weigh less than 5 1/2 pounds (2,500 grams) at birth, and especially those who weigh less than 3 pounds, 5 ounces (1,500 grams) have a greater chance of having CP.
  • Premature birth―Children who were born before the 37th week of pregnancy, especially if they were born before the 32nd week of pregnancy, have a greater chance of having CP. Intensive care for premature infants has improved a lot over the past several decades. Babies born very early are more likely to live now, but many have medical problems that can put them at risk for CP.
  • Multiple births―Twins, triplets, and other multiple births have a higher risk for CP, especially if a baby’s twin or triplet dies before birth or shortly after birth. Some, but not all of this increased risk is due to the fact that children born from multiple pregnancies often are born early or with low birthweight, or both.
  • Assisted reproductive technology (ART) infertility treatments―Children born from pregnancies resulting from the use of some infertility treatments have a greater chance of having CP. Most of the increased risk is explained by preterm delivery or multiple births, or both; both preterm delivery and multiple births are increased among children conceived with ART infertility treatments.
  • Infections during pregnancy―Infections can lead to increases in certain proteins called cytokines that circulate in the brain and blood of the baby during pregnancy. Cytokines cause inflammation, which can lead to brain damage in the baby. Fever in the mother during pregnancy or delivery also can cause this problem. Some types of infection that have been linked with CP include viruses such as chickenpox, rubella (german measles), and cytomegalovirus (CMV), and bacterial infections such as infections of the placenta or fetal membranes, or maternal pelvic infections.
  • Jaundice and kernicterus― Jaundice is the yellow color seen in the skin of many newborns. Jaundice happens when a chemical called bilirubin builds up in the baby’s blood. When too much bilirubin builds up in a new baby’s body, the skin and whites of the eyes might look yellow. This yellow coloring is called jaundice. When severe jaundice goes untreated for too long, it can cause a condition called kernicterus. This can cause CP and other conditions. Sometimes, kernicterus results from ABO or Rh blood type difference between the mother and baby. This causes the red blood cells in the baby to break down too fast, resulting in severe jaundice.
  • Medical conditions of the mother―Mothers with thyroid problems, intellectual disability, or seizures have a slightly higher risk of having a child with CP.
  • Birth complications―Detachment of the placenta, uterine rupture, or problems with the umbilical cord during birth can disrupt oxygen supply to the baby and result in CP.

This information is sourced directly from the Centers for Disease Control and Prevention’s article, Causes and Risk Factors of Cerebral Palsy.

It is important to remember that these risk factors do not always lead to CP. These are only known issues that can cause the condition.

Jordan Merson Medical Malpractice Birth Injury Lawyer

What is Cerebral Palsy?

“Hi, my name is Jordan Merson and i’m the founder of Merson Law.”

“Birth Injury and medical malpractice questions and topics like the one stated above are what the Lawyers and Attorney’s of Merson Law are specialists at.”

“It was my dream to one day be a fierce advocate for those that have no voice and seemingly no recourse for the wrongs they have suffered at the hands of others.”

Some of Merson Law’s birth injury case wins:

  • $17 million for failure to timely perform c-section on baby
  • $14.8 million for baby brain damaged when c-section was delayed
  • $14.4 million for Queens family whose child suffered brain damage
  • $11 million for Brooklyn woman who had untreated post-delivery bleeding
  • $11.3 million jury verdict for brain damage child

“To make that dream a reality, i’ve worked hard to build a unique and successful medical malpractice personal injury law firm in New York, Merson Law.”

“At Merson Law, our birth injury team of experts are focused on bringing justice and compensation for those people whose lives will never be the same because of medical negligence.”

Signs & Symptoms of Cerebral Palsy

CP can be difficult to identify at first, since all babies have limited motor function. The most common method for identifying CP is to look for certain milestones that children usually have as they develop. If your child has CP you may notice that they are not reaching these milestones at the time they normally would.

If you’re concerned your child might have CP, first, look for the following signs and symptoms. If they are present, schedule an appointment with a pediatrician to examine these issues.

Infants 6 Months or Younger

At this age, your baby is not old enough to be moving all that much on their own. Even though they do not use their muscles to move around, they still use many muscles involuntarily to do things. At this stage, signs of CP include:

  • Their head “lags” when you pick them up while they’re lying on their back
  • They feel stiff
  • They feel “floppy”
  • When cradled in your arms, they seem to overextend their back and neck, constantly acting as if they are pushing away from you
  • When you pick them up, their legs get stiff and cross or “scissor

Babies Older than 6 Months

Babies at this stage will normally begin to develop more control over their muscles. At this stage, signs and symptoms of CP include:

  • They don’t roll over in either direction
  • They cannot bring their hands together
  • They have difficulty bringing their hands to their mouth
  • They reach out with only one hand while keeping the other fisted

Babies Older than 10 Months

At 10 months and older, most babies are beginning to crawl and explore for the first time. This is a crucial milestone for all babies, including babies with CP. A telltale sign of CP is difficulty crawling, since many muscles are needed to do this effectively. Look for these signs when your baby is beginning to move around on their own:

  • They crawl in a lopsided manner, pushing off with one hand and leg while dragging the opposite hand and leg
  • They scoot around on their butt or hop on their knees, rather than crawling on all fours

Treatments for Cerebral Palsy

Treatment for cerebral palsy can vary depending on the severity of your child’s condition. Treatments can also vary in expense. These treatments can include:

  • Physical therapy
  • Speech coaching
  • Recreational therapy
  • Corrective surgery
  • Occupational therapy
  • Medications
  • Verbal aids
  • Braces and orthotics (for walking and stability)
  • Equipment like wheelchairs, rolling walkers, canes, etc.

All of these treatments can be legally recovered as a part of your birth injury lawsuit. This is incredibly important because oftentimes, more effective treatment is more expensive. Your child’s wellbeing should not be determined by your personal ability to pay for these treatments, which can total in the tens, if not hundreds of thousands.

By seeking compensation for damages in a birth injury lawsuit, you can obtain the finances to pay for whichever treatment or series of treatments you, your child, and a trusted doctor see fit.

Get connected with emotional, medical, and financial help

We understand how important it is for you to get back to some normalcy and give your child the best life possible. The New York Birth Injury Guide can provide you with the information and resources that fit you and your family’s needs.

Get a Free Case Consultation By Merson Law

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What is Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that permanently affect a person’s ability to move and maintain balance and posture.
The name, cerebral palsy, literally means a palsy (meaning weakness or problems with using muscles) caused by some injury to the brain – cerebral.
Cerebral palsy is often identified by a characteristic gait (way of walking) and lack of muscle coordination, and sometimes by a unique speech impediment caused by reduced control of the muscles required to talk.
CP is not a disease, but a birth injury. CP is caused by abnormal brain development or damage to the developing brain. In 80-90% of cases, it is congenital (from birth), but in rare cases, it can develop within the first few years of life, while the brain is still rapidly developing.

What causes Cerebral Palsy?

Cerebral palsy is always caused by an injury to or developmental issue with the brain. This injury or developmental issue causes problems with the brain’s communication with the muscles in the body.
Even though doctors know what causes cerebral palsy, medical knowledge of the condition is still somewhat limited. In many cases, the exact cause of a child’s CP is unknown.
There are, however, many known risk factors for CP.

What are 3 Early Signs of Cerebral Palsy?

CP can be difficult to identify at first, since all babies have limited motor function. The most common method for identifying CP is to look for certain milestones that children usually have as they develop. If your child has CP you may notice that they are not reaching these milestones at the time they normally would.

Three of these early signs to watch for are:
1. “Scissoring” of the legs
2. A stiff or floppy feeling when holding your baby
3. Overextension of their back and neck when you cradle them

Have a question about birth injury? Contact us.

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