Depending upon the exact circumstances that led to the injury, parents are sometimes able to sue successfully for cases of cerebral palsy in infants. Most of the time, these lawsuits are related to instances where some type of medical negligence was ultimately to blame for the condition.
Sometimes the child should have been delivered by cesarean and wasn’t in time, and in other cases, the child gets strangulated during the birthing process due to medical errors.
In one recent lawsuit, a medical supplies manufacturer has been added to the list of defendants.
The Lawsuit
The suit has been filed in Washington State. The parents filing the lawsuit claim that their son, Myles, suffered a cerebral palsy injury that resulted from an infection of Bacillus cereus bacteria. Originally, this case was a lawsuit against the medical center where Myles was born and alleged malpractice. In 2010, however, Triad alcohol prep pads were removed from the market after they were found to have been contaminated with Bacillus cereus bacteria.
Investigations showed that Myles was treated with the brand of wipes that were recalled from the market. While the suit alleges that there is a connection, there isn’t any evidence that directly supports that theory that has been presented yet.
The bacteria that Myles that exposed to liquefied some parts of Myles’s brain, according to reports was only suffered by him and not by his twin.
Lawsuits and Negligence
This lawsuit demonstrates how medical malpractice claims work. They’re sometimes filed against doctors, sometimes against hospitals and the nurses and paramedics they employ and sometimes are filed against other entities. A cerebral palsy lawsuit is sometimes also filed against the manufacturers of medical devices that proved to have been the causes of injuries in direct or indirect ways.
There’s no way that a case like Myles’s can be guaranteed to win, just as there’s no way to guarantee a win where any other case is concerned. However, a good lawyer can increase the chances that the parents would prevail in such a case as this. Some of these attorneys work for their clients on contingency, which means that the parents don’t have to pay legal and court costs unless they manage to win their claim through a settlement or through a jury award. Talking to a lawyer, however, is always the first step in filing one of these lawsuits and not all cases of Cerebral Palsy are causes to sue.