Category: Cerebral palsy claims

Cerebral Palsy Awareness Month

by John McKiggan

Cerebral palsy is a neurological birth injury that affects thousands of children and adults worldwide. March is known as Cerebral Palsy Awareness Month, which allows us the opportunity to educate others about cerebral palsy while celebrating those currently living with it.

During March, you may have seen people wearing green as a reflection of youthfulness and new growth, as well as hope for advancements in treatment and acceptance of those who live with cerebral palsy.

With so much happening in the world around us, cerebral palsy can easily be pushed into the back of our minds if it is not a part of our daily lives. But for those living with cerebral palsy (or who have a loved one with cerebral palsy), they face the reality of their condition every day with dignity and strength that leaves much to be admired.
What is Cerebral Palsy?
Cerebral palsy (CP) is a group of permanent movement disorders that appear in early childhood, affecting body movement and muscle coordination. Parents may notice developmental delays early, but an official diagnosis may be delayed until age two or later.

Is Neonatal Cooling Potential Evidence of Medical Malpractice?

by John McKiggan

How many children suffer brain injury during labour and delivery each year?
There are between 330,000 to 390,000 babies born in Canada each year.

Neonatal encephalopathy is a neurological (brain) injury that happens in approximately 1 out of 1000 to 6 out of 1000 births. So, approximately 330 to 1980 babies are born in Canada each year will suffer some form of neonatal encephalopathy.

Client Success Story: Cullan Chisholm heads to T.O. for National Challenger Baseball Jamboree

by John McKiggan

Every now and then we like to share stories about how some of our clients (and their families) have overcome the challenges posed by their injuries.

Cullen in his Challengers Uniform

Cullen in his Challengers Uniform

Cullan Chisholm is 5 years old. He has cerebral palsy as a result of a brain injury he suffered during birth. Because of his injuries, Cullan has limited mobility and he can’t talk.

Appeal Court Upholds Jury Decision in Med Mal Trial: Goodwin v Olupona

by John McKiggan

Judge or Jury?

In most provinces in Canada, it is possible to have a civil case tried by judge alone or by judge and jury. I discussed this recently in an article on my Halifax Personal Injury Lawyer Blog, Do I have a right to a jury trial in personal injury claims?

The Nova Scotia Supreme Court recently stated in Anderson v. Cyr, a claim arising out of a motor vehicle accident:

Multi-million dollar award to child who suffered birth injury: Court examines compensation for “pain and suffering”

by John McKiggan

Child Claims Millions Due to Birth Injury

An Alberta court recently decided a case involving a child who was permanently injured during her birth. The case A.T.-B. v. Mah contained an interesting analysis of a variety of legal issues that typically arise in medical malpractice claims.

I thought the case was worth writing about because of the judge’s views regarding the plaintiff’s claim for compensation for “pain and suffering.”

Is it possible to reverse infant brain injury caused by ischemia?

by John McKiggan

Recent findings out of the Oregon Health and Science University questions the existing understanding that decreased blood flow to a premature fetus’ brain necessarily kills its brain cells.

The Doctors at the University and its attached Children’s hospital have discovered that low blood flow to the developing brain does not necessarily result in permanent loss of brain cells, but rather that it prevents the cells’ abilities to mature. The implications for medical malpractice and birth injury layers is that it may be possible to reverse, or at least mitigate the damage caused by lack of oxygen.

Dr. Stephen Back, professor of pediatrics and neurology at the Oregon University is quoted as saying that the new findings mean:
“…we can focus greater attention on developing the right interventions, at the right time early in development, to promote neurons to more fully mature and reduce the often serious impact of preterm birth. We now have a much more hopeful scenario.”
Approximately 8-percent of births in Canada are pre-term births. There are a number of added risks when a child is born even a few weeks early. One of the major risks is hypoxia or ischemia.