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Massachusetts Family of Boy With Cerebral Palsy Wins $26.5 Million Medical Malpractice Lawsuit

A Suffolk County, Massachusetts jury has awarded the family of 10-year-old Jose Bejarano Jr. $26 .5 Million because birthing errors caused him to have cerebral palsy.

His family say that they will use the money to give them the resources they need to care for their son at home. Jose, Jr. eats through a feeding tube, is wheelchair-bound, only communicates through his eyes, and will never be able to take care of himself.

Jose, Jr. will never speak or walk and requires 24-hour-care because of his birth injuries. The damages are being sought from two Brigham and Women’s Hospital physicians, who are accused of not recognizing that Jose, Jr. was in fetal distress during his March 14, 1997 delivery and neglecting to perform a Caesarian operation in time.

Cerebral palsy is caused when there is permanent brain injury to a fetus before, during, or after delivery. A person with cerebral palsy will have a difficult time controlling his or her movement and muscles. Cerebral palsy can lead to spasms, seizures, learning disabilities, visual problems, and hearing problems.

Unfortunately, some cases of cerebral palsy could have been prevented, had errors not occur during delivery of the baby. Common medical malpractice errors during delivery that can cause cerebral palsy:

• Leaving a child in the birth canal for too long a time • Excessive or improper use of vacuum extraction • Failure to notice that the baby’s umbilical cord is wrapped around the neck • Failure to properly monitor for fetal distress • Failure to plan for or perform a caesarean section surgery in time • Incorrect use of forceps • Failure to properly treat meningitis • Failure to treat jaundice

If a doctor, nurse, obstetrician, or another medical provider made a mistake that caused your child to have cerebral palsy, you should contact an experienced Massachusetts medical malpractice lawyer immediately.

You and your family deserve compensation for the injuries that your child sustained. Your compensation may allow you to provide your child with proper medical care and resources he or she will need to live with cerebral palsy.

Kin get $26M in malpractice lawsuit over botched birth, Boston Herald, October 13, 2007
Related Web Resources:

Cerebral Palsy Information

Brigham and Women’s Hospital