Cerebral Palsy Lawyer in Massachusetts

Cerebral Palsy and Birth Injury

Cerebral palsy is a group of permanent movement disorders caused by abnormal development of, or damage to, the brain during development, birth, or shortly after birth. One category of cerebral palsy, hypoxic-ischemic encephalopathy (HIE), results from oxygen deprivation to the brain during labor and delivery, a category that is directly linked to events during the birth process. When oxygen deprivation during labor results from a failure of the obstetrical team to recognize fetal distress and intervene appropriately, the resulting cerebral palsy may constitute birth injury malpractice. Attorney Jeffrey C. Lavey represents cerebral palsy birth injury families throughout Massachusetts.

Obstetrical Events That Can Cause HIE

• Failure to recognize and respond to fetal heart rate patterns indicating fetal distress on electronic fetal monitoring
• Delayed decision for emergency cesarean section when vaginal delivery is not progressing safely
• Umbilical cord prolapse that was not recognized or managed promptly
• Shoulder dystocia managed improperly causing prolonged delivery and oxygen deprivation
• Placental abruption not recognized and treated promptly
• Oxytocin administration causing uterine hyperstimulation that compromised fetal oxygen supply
• Failure to perform a timely cesarean section when vaginal delivery was contraindicated

How Malpractice Is Established in Cerebral Palsy Cases

Not all cerebral palsy results from malpractice, some cases result from prenatal brain development abnormalities, genetic factors, or events unrelated to the birth process. The key inquiry is whether the specific type of brain injury is consistent with an intrapartum (during-labor) hypoxic event, and whether the obstetrical team’s management of the labor and delivery met the standard of care. Expert obstetrical and neonatal neurology review of the complete labor and delivery records and neonatal records establishes these issues. Attorney Lavey manages this expert review process in every cerebral palsy birth injury case.

The Lifetime Impact and the Lifetime Cost

Cerebral palsy caused by birth injury can result in lifetime motor disability requiring assistive technology, therapeutic services, supportive care, and in severe cases, full-time attendant care. A child with severe spastic quadriplegia from HIE may require lifetime care that costs millions of dollars. A certified life care planner projects all anticipated lifetime care needs and their costs. An economic expert calculates the present value of those projected costs. Attorney Lavey builds this comprehensive damages analysis in every serious cerebral palsy birth injury case.

Acting Quickly to Preserve Evidence

Cerebral palsy birth injury cases require early action to preserve the critical evidence: the complete labor and delivery records, electronic fetal monitoring strips, neonatal records including cooling therapy records, and in some cases placental pathology. Attorney Lavey moves quickly to obtain and preserve these records in every cerebral palsy birth injury case and coordinates immediate expert review to evaluate whether the birth management contributed to the injury.

Frequently Asked Questions