Articles Posted in Cerebral Palsy

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Matthew Chimis’s mother went into labor during the early morning of Oct. 26, 1997.  She contacted her obstetrician, the defendant, Dr. Scott Pierce, who told her to go to Gottlieb Memorial Hospital; he said he would meet her there. Chimis was admitted to Gottlieb’s labor and delivery unit as a vaginal birth after Cesarean section patient and placed on a fetal heart monitor.

A few hours after Chimis arrived, the hospital staff paged Dr. Pierce twice, once at 3:30 a.m. and another time at 4 a.m. in order to advise him of his patient’s status. At 4:10 a.m., Dr. Pierce spoke to a nurse who reported a lack of progression of labor and that the fetal monitor showed tachycardia, which is a heart rate that is above the normal range for a fetus. 

Dr. Pierce spoke with the mother on the phone and they both agreed she would wait for the doctor to come to the hospital to do a C-section since delivery was not imminent given the prolonged labor.

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The delivery of Erin McCarthy’s daughter was stalled for about 8 hours during labor.  The obstetrician taking care of McCarthy was Dr. Garry Karounos, who attempted a forceps delivery. 

During the forceps delivery attempt, the baby’s shoulder got stuck on the mom’s pelvic bone.  Dr. Karounos applied various maneuvers to try to deliver the baby.  However, the child was deprived of oxygen for  3 ½ minutes during the aborted delivery attempts and suffered hypoxia, deprivation of oxygen.  The baby’s Apgar scores were zero at one and five minutes, which are signals of real trouble for the baby.

The child is now 4 years old and has mild cerebral palsy.  The baby also struggles with balance issues and speech delay.

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Throughout the pregnancy of Ms. Doe, she received prenatal care at a hospital’s clinic. She underwent ultrasound tests that showed that she had two gestational ages for her baby, each a week apart. During the third trimester, Ms. Doe was diagnosed with gestational diabetes, and her treating physicians told her that she would be induced to deliver the child at 39-40 weeks.

At 40-41 weeks, her membranes ruptured and she was admitted to the hospital. Fetal heart tones were nonreassuring over the course of three hours. The nurses gave Ms. Doe fluids and oxygen and repositioned her.

Forty hours after she was first admitted to the hospital, she underwent an emergency Caesarean section. The baby was born in a depressed condition and required resuscitation, with Apgar scores of one at one minute and nine at five minutes.

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Ms. Doe, 37, suffered from gestational diabetes. During Doe’s pregnancy, she experienced cramping and met with her obstetrician, Dr. Roe, who was covering for Ms. Doe’s regular obstetrician. 

While at her appointment with Dr. Roe, an ultrasound revealed positive fetal breathing, tone and movement. However, a few days later, Ms. Doe returned to Dr. Roe complaining of decreased fetal movement. Dr. Roe performed a non-stress test and a biophysical profile and diagnosed a lack of fetal breathing. The obstetrician sent Ms. Doe immediately to the hospital.

Dr. Roe called a perinatologist and requested that Ms. Doe be evaluated when she arrived at the hospital. Dr. Roe also notified the hospital labor and delivery nurse that Ms. Doe would be arriving for further evaluation after a non-reactive stress test. 

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Cerebral palsy (CP) is a syndrome with several mechanisms. A child with cerebral palsy has disorders of movement or posture.  This occurs during early development and may be associated with a birth injury. Most diagnoses of severe CP are made within the first months after birth. 

By definition, CP is the term used for the abnormal development of or damage to the motor control centers of the brain. Palsy means paralysis. Palsy describes uncontrolled muscle movements, which is a condition prevalent in those diagnosed with cerebral palsy. The source of cerebral palsy is usually the abnormal function of the part of the brain called the cerebral cortex.  Physicians agree that CP is not a specific diagnosis. It is a description of neurological and physical deficiencies. 

Cerebral palsy can be caused just weeks after conception through birth and after.Even in early childhood, a child could be afflicted with CP. About 5-10 percent of those with CP are afflicted because of some sort of trauma during birth. Other possible causes of CP are related to abnormal development of the brain, prenatal care, premature birth and brain injuries that could happen within a few years of life.

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