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Health Law: Cerebral Palsy Law Blog
Doctor Found to Be Negligent in Cerebral Palsy Lawsuit
By David Austin
A doctor in Michigan was recently found negligent in a lawsuit regarding the life altering birth injuries of one of his patients. The judge ruled that the doctor was in violation of the standards of care and is solely responsible for the cerebral palsy a child under his care was born with. The doctor reportedly used vacuum extraction on the infant for an estimated 50 minutes causing traumatic birth injuries.
Parents of Disabled Child Take Legal Action
The parents of the cerebral palsy victim, Keya Mekuria, filed the lawsuit, against defendant, Linda French and Michigan State University. The lawsuit claimed medical malpractice for the lack of care Keya was given during his birth. Judge James R. Giddings sided with the family of the child, stating French was negligent and caused the injuries to the boy.
Keya was born on December 1, 2001, at Sparrow Hospital. The delivery had complications so French chose to use a vacuum extraction to help deliver him. This device uses a suction to pull the child's head through the birth canal and is used in deliveries that are facing serious complications.
Medical Malpractice Forever Changes Boy's Life
Now nine-years-old, Keya is said to require 24-hour care and will continue to need this type of care for the rest of his life. The brain damage and cerebral palsy he developed during his birth will force him to be co-dependent on others in the future.
During the trial, French admitted that Keya's birth was 'the most disastrous delivery' she'd ever taken part in. During the birth, Keya is said to have suffered a subgaleal hematoma and didn't breathe for several minutes. Within the day after the delivery he experienced seizures and had multi-organ dysfunction, as well as metabolic acidosis.
Cerebral palsy in children is common in medical malpractice cases where birth injuries are involved. The family will be compensated for the injuries their son has endured and will continue to endure throughout his life, but the award amount has not been released.
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