Cerebral Palsy Lawyers
- 40 Years of Experience
- Over $3 Billion Won for Our Clients
- You Pay Nothing Unless We Win
Cerebral palsy (CP) is caused by a brain injury or malfunction that occurs before, during or immediately after birth. Although this type of injury can occur naturally, it is often the result of a medical professional’s negligence or malpractice. For parents, finding out that their child has been diagnosed with cerebral palsy can be devastating news. It can also leave them with many unanswered questions. Our board-certified OBGYN can help answer those questions and let you know whether your child's injury was avoidable.
If you suspect a medical professional’s actions, or inaction, led to your child’s injury, you may have legal options. The Cerebral Palsy Medical/Legal Division at Janet, Janet & Suggs has decades of experience helping families seek the compensation they need for a secure future.
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Did Medical Malpractice Cause Your Child’s Cerebral Palsy?
Many things can go wrong during the labor and delivery process. Your baby could have sustained a birth injury if he/she:
- Needed to be resuscitated
- Had an abnormal head ultrasound, CT-scan, or MRI after birth
- Underwent head or body cooling
- Was diagnosed with HIE (hypoxic ischemic encephalopathy)
- Developed seizures during the first few days of life, or
- Required an extended hospital stay after birth
What’s at Stake?
Often, tens of millions of dollars are at stake. The cost of future care for your child may alone reach tens of millions of dollars. Your child’s lost future earnings may run into millions of dollars. Compensation is also available for your child’s physical pain, mental anguish and the disabilities your child will have to live with for a lifetime. However, these cases are not simply about the amount of money recovered. They are more about ensuring the best quality of life for your child and your entire family’s peace of mind.
Why Families Turn to Us
- We’ve recovered over $3 billion for families who have entrusted us with their future.
- We’ve won record-breaking CP jury verdicts.
- We’ve negotiated record-breaking CP settlements.
- We have extraordinary in-house medical experts, including a board certified OBGYN, who uncovered medical errors that other law firms missed.
- We offer a free, no-obligation case evaluation and are entitled to a fee only if we recover compensation for your family.
- We treat families like yours with compassion and respect.
Our Dedicated Cerebral Palsy Legal/Medical Division
The Cerebral Palsy Medical/Legal Division at Janet, Janet & Suggs has decades of experience helping families obtain the compensation they need to take care of their children for life. We have both legal and medical experts on our team so that we can navigate medical records, recognize errors, and help you seek the compensation you deserve. Our dedicated team has helped over 30,000 families nationwide.
Managing principal Howard Janet is recognized as one of the top cerebral palsy lawyers in the nation. Having served the cause for 40 years, he has gained the knowledge and legal skills needed to help our clients obtain justice.
Partner Kenneth Suggs is also nationally recognized for his legal expertise in cases of birth injuries. Another of our partners, Giles Manley, has more than 20 years of experience as a board-certified OBGYN. He joined the legal profession to help families whose babies suffered birth injuries.
Our medical malpractice, birth injury, and cerebral palsy lawyers have a proven record of identifying cerebral palsy lawsuits caused by negligence and fighting to get maximum compensation for our clients.
In addition to being a fighting force in the courtroom and at the settlement table, our cerebral palsy attorneys are committed to defending the rights of cerebral palsy patients in all aspects of their lives. Our victories in court have effectively lengthened the time limits for filing claims for victims of fraudulent physicians and expanded the right for children to be compensated for their injuries. We also helped create the Cerebral Palsy Family Network to help all children with cerebral palsy by bringing together like-minded families to get the information they need.
Janet, Janet & Suggs is committed to helping you get the compensation you need to take care of your child. We do not charge any upfront costs. You pay us nothing until we recover money for you. Contact us today for a free, no-obligation consultation to learn more about your rights and steps for filing a lawsuit.
Featured Verdicts and Settlements
- $33.5 Million for Delayed C-section: A jury awarded this record-breaking verdict after finding that delays in performing an urgently needed cesarean section resulted in a baby developing severe brain damage and cerebral palsy.
- $24.25 Million for Failure to Diagnose: A record-breaking medical malpractice jury verdict, obtained for a child who suffered brain damage and cerebral palsy because her doctors failed to properly diagnose and respond to an airway obstruction.
- $18.1 Million for Mismanaged Labor and Delivery: Verdict obtained on behalf of a child who developed spastic quadriplegic cerebral palsy after the mother was taken off of continuous electronic fetal monitoring and placed on intermittent monitoring despite known risk factors.
- $18 Million for Medication Error: A settlement obtained in a case against a pharmacy that negligently dispensed incorrect medication to a pregnant mother, resulting in her child developing a neural tube defect, resulting in paraplegia and other significant injuries.
- $15.1 Million for Mismanaged Delivery: A trial award by a Federal Judge in a Tennessee case against an Army Community Hospital whose improper fetal monitoring during delivery and failure to properly inform the mother of specific risks led to her child suffering a hypoxic-ischemic brain injury, resulting in cerebral palsy and lifelong neurological deficits.
How Long Do I Have to File a Case?
If you suspect that your child’s cerebral palsy was caused by a medical professional’s negligence, it is vital that you contact an experienced cerebral palsy lawyer as soon as possible because there are strict deadlines on how long you have to file a cerebral palsy lawsuit.
Each state has a different statute of limitations. In addition to the deadline for filing a case, many states require claimants to complete initial steps within even shorter deadlines, especially if the treatment occurred at a public hospital. If you miss the deadlines in your state, you will lose your opportunity to file a case and recover compensation. If contacted quickly, a cerebral palsy attorney can help determine the deadlines and regulations of your state and ensure your case is filed in time.
What Are the Requirements of a Cerebral Palsy Case?
In order to prove that your child’s cerebral palsy was caused by medical malpractice, our attorneys must be able to establish four things:
- The standard of care. Medical professionals have a legal duty to provide care that is equal to what other medical professionals with similar training would provide in a similar situation. Often, healthcare providers will make arguments about the applicable standard of care (i.e., what they needed to do in a given situation), but experts will say otherwise.
- A medical professional breached the standard of care. If a medical professional fails to act as others would in the same situation, they have breached their duty of care. In a cerebral palsy case, failing to meet the standard of care could include things like ignoring warning signs on a fetal heart monitor indicating that the baby is not tolerating labor well, or failing to perform necessary blood tests.
- The breach of duty of care caused your child’s injury. Your attorney must be able to show that the action or inaction of medical professionals during the birth of your child caused brain damage that led to your child being diagnosed with cerebral palsy.
- Your child’s cerebral palsy diagnosis resulted in damages. Claimants must show that their child’s diagnosis resulted in medical expenses, pain and suffering, a loss of earning capacity or other damages.
Types of Cerebral Palsy Cases
In many CP cases, the child’s injuries were caused by medical negligence. By filing a cerebral palsy lawsuit, the child’s family can ensure that the responsible party is held liable and seek damages to help pay for their child’s care. Some CP cases include:
- Anesthesia errors and mistakes
- Birth injuries due to malpractice
- Delayed C-section
- Delayed or mishandled delivery
- Failure to detect birth defects
- Failure to diagnose, treat or test for infection
- Failure to recognize or treat severe jaundice
- Failure to effectively resuscitate a newborn who needs help breathing
- Failure to perform C-section
- Failure to recognize signs of fetal distress
- Failure to prepare for and respond to hypoxia, when the child is not receiving enough oxygen
- Failure to respond to severe dehydration at birth
- Fetal monitoring negligence
- Hospital negligence, errors, medical malpractice
- Improper use of vacuums or forceps during delivery
- Medication errors and mismanagement
- Misdiagnosis of fetal position in the uterus
- Misinterpretation of test results
- Mismanaged labor and delivery / neonatal injuries
- Neglecting to conduct specialized tests during pregnancy
- Umbilical catheter misplacement
Which Medical Professionals Can Be Held Liable for Your Child's Cerebral Palsy?
Preventable cerebral palsy can be caused by the actions or inaction of any healthcare professional involoved in the pregnancy and birthing process including, but not limited to:
- Labor and delivery nurses
- Nurse anesthetists
- Nurse midwives
What Types of Compensation Am I Entitled To?
Our cerebral palsy lawyers will work with you and your child’s healthcare specialists to create a life care plan that will estimate the costs of your child’s care throughout their life. We will then work to obtain the maximum compensation we can to help ensure all of those costs are covered.
Depending on your unique circumstances, it may be possible to recover a variety of types of compensation, such as:
Medical expenses. The medical expenses associated with caring for a child with cerebral palsy can be overwhelming. For this reason, the law allows victims of negligence to recover compensation to help cover the costs associated with an injury. This can include:
- Doctors’ visits
- Medical tests and procedures
- Physical therapy
- Speech therapy
- Occupational therapy
- Counseling or psychological therapy
- Assistive equipment, such as wheelchairs
- Home modifications
- Long-term care
- Special education costs
It is vital that you keep track of all of your child’s medical expenses and medical records. If you do not have your child’s medical records, JJS can assist you in requesting and reviewing these. We can even often gain access to records that are under lock-and-key.
Lost earnings. If your child will not be able to work (as is the case with most severely injured children), it may be possible to obtain compensation for their lost earning capacity — in other words, the money they would have made over their lifetime if not for the injury. In addition, if you or a loved one has lost wages from having to reduce your hours at work or having to quit working altogether to take care of a child with cerebral palsy, it may be possible to obtain compensation for the wages and income you have lost.
Pain and suffering. Depending on the circumstances of your child’s injury, it may be possible to recover compensation for the physical pain or suffering the child experienced. This can also include the mental anguish and suffering they experienced.
Diminished quality of life. Due to the debilitating qualities of this type of birth injury, it is likely that your child will experience a reduced quality of life. Our cerebral palsy lawyers will fight tirelessly to help you obtain compensation that will attempt to make up for this great loss.
What Are the Different Types of Cerebral Palsy?
There are several types of cerebral palsy, and the compensation you may be able to recover will depend on the type of cerebral palsy your child has and the level of your child’s disability and impairment in relation to their condition.
Cerebral palsy can cause a child to struggle with a variety of fine motor skills and everyday activities, depending on which type of cerebral palsy diagnosis your child has.
The three main types of cerebral palsy include:
- Spastic cerebral palsy. As the most common type of cerebral palsy, spastic cerebral palsy affects about 80 percent of people with cerebral palsy. This condition causes an individual to have increased muscle tone, which makes muscles stiff and can make movement awkward. The most common types of spastic cerebral palsy include:
- Spastic diplegia/diparesis. This condition mostly affects the legs and may not affect the arms at all. Children with this condition have difficulty walking because of tight muscles in the legs.
- Spastic hemiplegia/hemiparesis. This type of CP affects only one side of the body and generally affects the arm more than the leg.
- Spastic quadriplegia/quadriparesis. This is the most severe form of cerebral palsy, as it affects the entire body. It can prevent an individual from being able to walk and may also come with additional health complications such as developmental disabilities, seizures, and hearing, vision or speech problems.
- Dyskinetic cerebral palsy. Dyskinetic cerebral palsy also includes athetoid, dystonic and choreoathetoid cerebral palsies, which can cause involuntary or uncontrolled muscle movements that are slow or quick and jerky. Additionally, the muscle tone can change daily or more often, varying from being too tight to too loose.
- Ataxic cerebral palsy. Children with ataxic cerebral palsy have poor balance and coordination, which can cause them to be unsteady when walking. They can also struggle with quick movements or those that require a lot of control.
Locations We Serve
We are proudly licensed to practice in Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and Washington, DC. We have also been granted permission to practice in many more states with court approval, and are familiar with the many laws and regulations that vary between states.
Janet, Janet & Suggs is committed to helping you get the compensation you need to take care of your child. We do not charge any upfront costs, and you pay us nothing until we recover money for you. Contact us today for a free, no-obligation consultation to learn more about your rights and steps for filing a lawsuit.
We are licensed to practice in more than 10 states. We are proud to serve Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and Washington, DC. We have also been granted permission to practice in many more states with court approval.