Cerebral Palsy Cases & Verdicts

Legal cases and settlements are notable due to the large amount of the rewards. The money awarded to the affected families in these settlements covers a lifetime of medical treatments, therapies, future pain and suffering, and potential lost wages caused by medical negligence or malpractice. The following list contains some of the most notable cerebral palsy cases and their verdicts.

$58,000,000 Awarded to a Boy Who Suffers From Profound Brain Injuries and Episodes of Seizures

D’Attilo v. Dr. Viscarello and Maternal Fetal Care is the case where Cathy D’Attilo accused Dr. Richard Viscarello and his clinic of causing cerebral palsy for her son Daniel via malpractice. According to the mother, when her amniotic fluid broke, Dr. Viscarello sent her home instead of inducing labor or performing a cesarean section . The doctor did not warn her of any risks, and when the doctor did perform the procedure, the incisions were erroneous and cut off Daniel’s air supply, leading to his brain injury. Though the plaintiff’s attempt to sue for bystander emotional distress were dismissed, Dr. Viscarello was still found liable and the D’Attilo family was awarded $58 million.

$43,000,000 For a Woman Who Developed Cerebral Palsy Due to Oxygen Deprivation and Meconium Aspiration

The case of Busone v. Bellevue Women’s Hospital lasted long enough for the affected child, Tiffany Busone to involve herself. When meconium was found in Tiffany's amniotic fluid, the hospital staff was unprepared for the situation and lacked the proper equipment to remove the meconium from Tiffany and introduce oxygen. The baby suffered from meconium aspiration that caused oxygen deprivation, brain damage, and cerebral palsy. The Busones won the settlement and received $43 million for Elizabeth’s previous suffering and future needs.

$21,573,993 Verdict Against a Doctor and Hospital in a Case Where Errors Were Made Related to Monitoring Fetal Heart Rates

The case Ja’Kareon Graham v. Hamot Medical Center featured Ja’Kareon Graham, a baby born as a twin with a complicated birth that included a breech fetal position, ignored signs of distress and a late cesarean section. Ja’Kareon’s family received $21,573,993.10 as the settlement to cover past and future medical expenses, as well as loss of income. Tina Graham, Ja’Kareon’s mother, tried to pursue further expenses, but was denied by the court.

$19,200,000 Awarded to a Florida Girl Who Suffered Profound Developmental Problems When a Hospital Administered the Wrong Dosage of Medication

In the case of Smith v. Lee Memorial Health Systems, the parents of Kiarra Smith pursued legal action against Lee Memorial Hospital. The parents argued that Kiarra was overdosed with nutrients that were 100 times more powerful than prescribed. This procedure resulted in a cardiac arrest that resulted in Kiarra’s abnormally small head, loss of sight, and cerebral palsy. Lee Memorial attempted to restrict access to Kiarra’s physicians by the plaintiffs. Ultimately, the hospital’s motion was denied, and the Smiths obtained $19.2 million.

$13,900,000 Awarded to a Girl Who Suffered Brain Damage When Doctors Delayed Performing a C-Section

In Cobbs v. Shipman, Debra Cobb missed her due date, so Dr. Tara Shipman scheduled her for a no-stress test at Trumbull Memorial Hospital. After the baby's low heart rate was discovered, Dr. Shipman suggested an acceleration of labor by using Pitocin. Despite the growing concern over Haley's heart rate, Dr. Shipman never performed an emergency cesarean section . Haley was born suffered hypoxia and Dr. Shipman handed the resuscitation responsibilities to other staff. Haley Cobbs won the case and the family received $13.9 million.

$7,500,000 Jury Verdict Against a Hospital and Doctor for the Delayed Delivery of a Baby. Child Was Diagnosed With Athetoid Cerebral Palsy

The lawsuit in Mertsaris v. 73rd Corp, et. al. has the mother, Evangelina Mertsaris, accuse multiple members of the hospital staff of unprofessionalism that led to cerebral palsy for her son, Hippocrates. According to Evangelina, several malpractices occurred, from careless use of Pitocin, a lack of heart rate monitoring, to failure to resuscitate Hippocrates in a timely manner after birth. The jury favored the Mertsaris family and they were awarded $7.5 million.

$3,700,000 to a Child With Cerebral Palsy, Vision Loss and Profound Developmental Difficulties

Elizabeth Viele was diagnosed with cerebral palsy, blindness, microcephaly, and delayed development. In Viele v. Tuomey Regional Medical Center, the Vieles sued Tuomey after they argued that the continued use of Pitocin for Lisa’s contractions and negligence of the effects on Elizabeth created the baby’s brain injury. Tuomey was held liable for Elizabeth’s cerebral palsy and the Viele family received $3.7 million to cover future care for Elizabeth’s condition.

Unknown v. Dr. Ross and Northside Medical Clinic of Ortonville, and Ortonville Hospital

The family of Wyatt Perseke accused Dr. Allan Ross and the staff of Ortonville Hospital of using the drug Cytotec, which increases the risk of oxygen deprivation. Dr. Ross failed to consider the side effects and did not take procedures to alleviate the mother’s accelerated contractions, resulting in brain damage. The Perseke family sought legal action against Ross and Ortonville and won a trust fund of $9,566,500 that will cover Wyatt’s future medical expenses.

Time for Legal Action

These cerebral palsy cases took place due to the negligence and malpractice of hospital staff and the lifetime consequences that their actions left on vulnerable infants and their families. The settlements will alleviate their financial needs for the years ahead. Families that suspect their child’s cases of cerebral palsy were caused by negligence or malpractice should consult lawyers specialized in cerebral palsy cases for legal help and settlement guidance.