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Cerebral Palsy

Thomas M. Kiley has a special interest in cases involving cerebral palsy, a condition commonly caused by oxygen deprivation or head trauma during birth. Cerebral palsy is a term that refers to a group of disorders typically related to an individual's inability to control motor function. Contact Thomas M. Kiley  if you have concerns about your child.

Causes and Treatment of Hypoxic Ischemic Encephalopathy among Infants

Hypoxic ischemic encephalopathy is a serious injury that affects thousands of infants in the United States every year.  It is an injury that damages the cells in the central nervous system and can lead to a more permanent condition.

Doctors and hospitals sometimes make mistakes that can greatly impact an expecting mother and unborn child.  These errors can cause birth injuries, which result in developmental delay, mental retardation and cerebral palsy.  Specifically, hypoxic ischemic encephalopathy occurs when the brain is deprived of the necessary oxygen.  Lack of oxygen to the brain can cause substantial damage to the delicate brain tissue.

There are many things that can go wrong during the labor and delivery process.  When a C-section is delayed, the baby remains in the birth canal too long, the fetal heartbeat is misread or the doctor and hospital staff do not act in a timely manner, it can result in hypoxic ischemic encephalopathy.  This type of injury is usually identified immediately following birth, as there may be various symptoms including, coma, loss of brainstem signs, loss of deep tendon reflexes or seizures.

The treatment for hypoxic ischemic encephalopathy depends on the damage to the brain.  Some of the treatments for hypoxic ischemic encephalopathy include life-sustaining treatment, mechanical ventilation, control of blood pressure, maintenance of the heart function, medication or general anesthesia to control seizures and cooling blankets to reduce the body temperature.

Many times, hypoxic ischemic encephalopathy could have been prevented.  If your baby was injured during birth, contact an experienced Massachusetts birth injury attorney for legal advice.  Doctors and hospitals can be held liable for serious birth injuries, such as hypoxic ischemic encephalopathy.  Call Thomas M. Kiley & Associates at (800) 930-8145 for a free consultation regarding your case. 

The article, Hypoxic Ischemic Encephalopathy, has more information on this topic.

 

Erb’s Palsy Symptoms & Treatment

Mistakes made during the labor and delivery process can cause serious injuries to newborns.  Each year, thousands of birth injuries occur across the United States.  While some injuries are very difficult to prevent, others can be avoided.  Erb’s palsy, also known as Brachial palsy, Klumpke paralysis and Erb-Duchenne paralysis, is a birth injury that is usually caused by an injury that occurs during birth.  It is a condition that is often preventable, as long as the hospital and doctors take the appropriate measures.

Erb’s palsy is defined as a loss of movement or weakness of the arm, which is the result of damage to the nerves around the shoulder.  This condition can have many causes, such as prolonged labor, breech position, induced labor and the fetal position.  If the baby is pulled on the shoulders during the birthing process, such as in a situation where the doctor pulls the infant as he or she passes through the birth canal, the risk of developing Erb’s palsy increases.

Symptoms of Erb’s palsy are usually identifiable immediately or soon after birth.  Erb’s palsy can cause partial or complete paralysis.  Some of the symptoms include an absence of the startle reflex, a flexed arm at the elbow that is held against the body, decreased grip and lack of spontaneous movement in the upper or lower arm or hand.  If the injuries are severe, the newborn may even have a droopy eyelid.

Erb’s palsy can be diagnosed by a pediatrician’s evaluation or through tests, including x-rays, CT scans and MRI scans.  A mild injury will eventually correct itself, usually after several months.  If the infant does not improve, surgery may be required.  Other treatment options include tendon transfers, nerve transfers and subscapularis releases.  If your child has been diagnosed with Erb’s palsy, you should discuss the various treatment methods available with your child’s physician.

If your newborn was injured during the birthing process as a direct result of the hospital or doctor’s negligence, you should contact a birth injury attorney who can help you file a claim.  Contact Thomas M. Kiley & Associates at (800) 930-8145 for advice regarding your Erb’s palsy case.

The article, Overview of Erb’s Palsy, has more information on this topic.  

When Cerebral Palsy was Caused by a Medical Mistake

The arrival of a new baby should be a joyous time, but for some parents it brings heartbreak.  Cerebral palsy affects 10,000 babies born in the United States each year.  This condition affects body movement, balance and posture and has been defined as paralysis of the brain.  In some cases, cerebral palsy can lead to mental retardation and other serious medical problems.

Cerebral palsy occurs when damage is done to the brain.  This damage can be a result of many different factors, such as infection during pregnancy, premature birth, seizures, lack of oxygen, a long labor and delivery or birth defects.  Brain damage can occur during pregnancy or the birth process.  Sometimes a brain injury can happen shortly after birth.  For many parents, it is difficult to identify what caused the brain damage in the child.

Some of the causes of cerebral palsy are preventable.  For example, a birth injury that occurs during the delivery process could have been avoided with the proper medical care.  Medical errors are to blame for many cerebral palsy cases.  Medical providers who did not give reasonable care to the mother and baby can ultimately cause brain damage in the infant.  Leaving a baby too long in the birth canal, failing to treat seizures and using forceps or vacuum extraction can all lead to this life altering disorder.

A lawsuit can be brought against the physicians who made the medical mistakes that harmed the infant.  Caregivers should not have to bear the financial burden associated with cerebral palsy when negligence was a factor in the illness.  If the cerebral palsy lawsuit is successful, the monetary settlement can be substantial. 

For more information about cerebral palsy, read the informative article, “Causes of Cerebral Palsy.”

Plymouth Woman in Critical Condition

An 80-year-old Plymouth woman required transport to a Boston hospital for the serious personal injuries she sustained in a car crash on Route 3 in Kingston.

According to police, at around 10:30 a.m. on December 4, Lucille Card was northbound in her 1999 Nissan Sentra when she collided with the back of the 2008 Jeep Wrangler driven by West Barnstable resident Jake Harris.

Card received helicopter transport to Boston Medical Center with serious injuries, according to Massachusetts State Police. Harris was uninjured in the crash, which remains under investigation.

According to a spokesman for the Boston Medical Center, Card underwent surgery on December 4 and was listed in critical condition. She was upgraded to serious condition the following day.

Arlington Father and Boston Grandmother Die in Christmas Morning Crash

A Massachusetts father and grandmother died in a car crash on Christmas morning that also left the man’s two daughters with personal injuries after he reportedly fell asleep at the wheel on a New Jersey highway.

According to authorities, on December 25, 42-year-old Arlington resident Joel Baudoin was driving his family along the Garden State Parkway in Bloomfield, New Jersey when the vehicle ran off the road and crashed into a tree around 1 a.m.

Both Baudoin and 70-year-old Boston resident Marie Vernet died at the scene. The vehicle crashed into a 40-foot-tall tree, which then toppled onto the vehicle, crushing it.

Baudoin’s daughters, 13-year-old Rachele and 8-year-old Cassie, were trapped in the vehicle, but were rescued after authorities tore the roof off of the vehicle. Rachele suffered a broken right leg and Cassie suffered minor injuries. Both are in stable condition at University Hospital in New Jersey.

Woman Sues Godsmack Singer for Car Wreck

A Chelmsford woman and her parents have filed suit against rock star Sully Erna, lead singer for the band Godsmack, because of the personal injuries she sustained in a car accident a year ago.

The auto negligence suit filed by 26-year-old Lindsay Taylor and her parents, Elaine and Jeffrey Taylor, in U.S. District Court in Boston came about due to a three-car crash at around 7 p.m. on April 11, 2007 on Route 213 in Methuen.

According to court documents, the Taylors fault Erna for the crash, but he says that the driver of the car Taylor was a passenger in rear-ended another vehicle before he collided with them.

Erna, a 40-year-old Lawrence native who now resides in Windham, New Hampshire, was driving a 2006 Hummer H3 owned by Godsmack Touring Inc., another defendant named by the suit. He was uninjured.

Taylor was a backseat passenger in the Toyota Camry driven by Haverhill resident Eric Sargent. According to the suit and her attorney, she suffered a severe traumatic brain injury and was in a coma after the crash.

The suit claims that Erna drove “negligently and carelessly” and was at fault for the crash.

According to her attorney, Taylor is working on recovering, but will likely never fully recover from her injuries.

Erna and his attorneys filed a third-party complaint against Sargent, claiming that he “is, or may be” liable for “all or part of” the claims against Erna. He claims Sargent rear-ended a Honda Odyssey driven by Londonberry, New Hampshire resident Maureen White before Erna rear-ended him.

Sargent denies that he rear-ended White first.

Marstons Mills Crash Injures Three People

Three people were sent to the hospital on December 29 from the personal injuries they sustained in a three-car crash on Route 28.

The head-on collision took place shortly after 5 p.m. and resulted in the stretch of Route 28 between Route 149 and South Country Road in Marstons Mills being closed for around an hour.

One woman, who was the driver of one of the vehicles involved, required transport via MedFlight to a hospital in Boston, according to Capt. Byron Eldridge of the Centerville-Osterville-Marstons Mills Fire Department.

Two other people involved in the crash, including the driver of another vehicle, received transport to Cape Cod Hospital.

Two other people involved in the crash did not require hospitalization.

Police did not release the names of the victims or further details of the accident.

Celtics Forward, Glen DAvis Sustained Injuries in Car Crash

Reportedly, Boston Celtics forward Glen Davis required transport to Brigham and Women’s Hospital for the personal injuries he sustained in a car accident on December 21.

A report in The Boston Globe said that Davis suffered whiplash and a concussion as a result of a crash during that afternoon on the Mass Pike.

The player known by the nickname “Big Baby” was inactive for the Celtics’ 124-105 victory over the New York Knicks, which he was en route to when the crash occurred.

Davis is averaging 3.6 points and 3.0 rebounds in 16.4 minutes for Boston this season.

Teen Drivers: Leading Cause of Preadolescent Death

The message for parents is simple and sobering: Don’t let your teen ride with a teen driver who has less than a year’s experience driving. Insist on seat belts. And practice ways teens can resist peer pressure to ride with other teens.

Snow Fall Causes Many New Hampshire and Massachusetts Car Accidents

Date:   December 31, 2008

As the snow accumulates today in New England, local travel has become difficult.  Many roads are covered with snow and ice making them slippery and icy.  The following accidents were reported by the Union Leader :

-     Merrimack, New Hampshire, 10 Car Pile up on the Everett Turnpike.

-     Manchester, New Hampshire, Multi-car Accident, Route 293 South.

-     Route 93 North and South, several accidents including cars off the road.

Traffic has been slow on route 495, 93, 293, the Everett Turnike as well as secondary roads. 

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Woman Injured in Marston Mills Crash

Date:   December 29, 2008

Location:   Route 28, Marston Mills, Massachusetts

Accident Type:   Multiple Vehicles

A young Mashpee, Massachusetts woman suffered serious personal injuries on Monday in a multiple car accident.  Megan McGinnis who was driving a Toyota Tercel was med flighted to a Boston hospital and is listed in critical condition.  David Consalvi, who was also involved in the accident was cited for failing to yield.  McGinnis' passenger, Nicholas Bickel, was treated and released from a local hospital.  The driver of the third vehicle involved in the accident, Virginia Murphy, was taken to Cape Cod hospital and is listed in stable condition. 

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Godsmack Rock Star Sully Sued for Car Accident in Methuen, MA

Godsmack rocker Sully Erna is being sued for a car accident he was involved in last year.  The accident, a series of rear end collisions, occurred in April of 2007 on Route 213 in Methuen, Massachusetts.  The lawsuit alleges that the plaintiff, Lindsay Taylor, suffered a serious head injury when the car she was a passenger in was struck by a Hummer H3 driven by the Erna.  Her attorney reports that she is still in the process of recovering from traumatic brain injury and may not ever fully recover.  Erna and his attorney allege that the driver of the vehicle that Taylor was a passenger in struck a mini van in front of them and may share at least some if not all responsibility for the crash.  Depositions of the Methuen Police Officers are being conducted in early January.

For more information on this article please visit the Eagletribune.com or this link

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Glen Davis Hurt in Mass Pike Car Accident

Date:   December 21, 2008

Location:  Massachusetts Turnpike

Boston Celtic Glen Davis was hurt in a car accident on the Massachusetts Turnpike as he was on his way to Sunday's game.  The accident occurred at approximately 2:30 PM.  He was taken to Brigham and Women's Hospital and it is reported that he suffered whiplash and a concussion.  Sunday's heavy snow fall may have contributed to the accident.  It is not known how long Davis will be unable to play. 

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Why Are Teens Not Wearing Their Seatbelts?

Seatbelt usage among Massachusetts teens has fallen below the state average, which is causing great concern.  This year alone, teens’ compliance with seatbelts has dropped by 10 percent, despite the public awareness of the importance of seatbelts. 

For some reason, teens have not been making the simple decision to buckle up while riding or driving on Massachusetts roads and highways.  This effortless action of putting on a seatbelt can save lives and prevent serious injuries from car accidents.  An article appeared in the Herald News describing one woman’s experience from a car crash as a teenager.  Her vehicle was broadsided and unfortunately, she was not wearing her seatbelt at the time of the crash. As a result, she suffered severe injuries that left permanent side effects.

Proper use of seatbelts can prevent ejection from the car and can slow down the body during a collision to avoid smashing into the dashboard or windshield.  There are laws in Massachusetts regarding the use of seatbelts.  In Massachusetts, it is mandatory that the driver and passengers wear their seatbelts while the vehicle is in operation.  Law enforcement has the authority to issue citations for anyone not wearing a seatbelt.  The fine is $25 per person.  Each person in the vehicle who is over the age of 16 and not wearing a seatbelt can be fined.  If the passengers are under the age of 16 and not wearing seatbelts, the driver will be cited.

The major question regarding this issue is – how do you encourage teens to buckle up?  Campaigns to raise awareness should continue, which show the importance of seatbelts.  At the same time, parents, caregivers and teachers must do their part in encouraging teens to wear seatbelts by explaining the consequences of not being properly restrained during a car accident.

If you or someone you love has been injured in a car crash in Massachusetts, contact Thomas M. Kiley & Associates, LLP at (978) 474-8670 or (800) 930-8145. 

The article, Massachusetts Teens Not Wearing Seatbelts, has more information on this topic.

Alcohol and Driving: A Deadly Combination

All accidents and injuries are tragic. Drunk driving accidents are not only tragic, they are inexcusable as they can so easily be prevented by not driving while intoxicated. Alcohol related (drunk driving) accidents, while seemingly a victimless crime are not only tragic but most often deadly.

Head on Crash in Shrewsbury Kills Two

Date:   December 14, 2008

Location:   Route 290, Shrewsbury, Massachusetts

Accident Type:  Head on Collision

Two people were killed early Sunday morning when they were involved in head-on-collisions on Route 290 in Shrewsbury, Massachusetts.  A vehicle operated by Somang Ath was traveling west when it struck a vehicle operated by Michael Vonbehren.  Both individuals suffered life threatening injuries and were pronounced dead at the scene.  Route 290 was shut down for several hours so that the accident could be reconstructed. 

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Drunk Driver from Weymouth Hits a Pedestrian in Roxbury

A man from Weymouth is facing charges that he was drunk when he struck a pedestrian in Roxbury with his car.

Shortly after 9 p.m. on Saturday, December 6, 42-year-old Darrell Daniel allegedly hit a person on Blue Hill Avenue and Geneva Avenue. The injuries the pedestrian sustained were minor and the person refused hospital transport.

Daniel was stopped by several security guards that were nearby at the time. They kept him at the scene until police arrived.

Man Dies After Being Hit by a Dump Truck

Two businesses cited for safety violations in connection to an incident in which 31-year-old construction worker Robert Augeri, of Londonderry, died of the personal injuries he sustained after being hit by a dump truck have reached settlement agreements with the Occupational Safety and Health Administration, according to OSHA spokesman John Chavez.

Brox Industries, of Dracut, and Lewis Maynard Trucking, of Methuen, have both reached an agreement to correct safety violations and have had fines against them reduced.

On June 3, Augeri was working on a highway paving project in Interstate 495's northbound lane in Lawrence when a Mack dump truck backed into him in the closed left travel lane.

Augeri was employed by Brox, the company the Massachusetts Highway Department contracted for the repaving job. The truck's driver, 25-year-old Methuen resident Robert McCann, was a subcontractor employed by Lewis Maynard Trucking. He and his passenger, 23-year-old Methuen resident Christina DeForte were uninjured.

On November 7, Lewis Maynard Trucking was cited by OSHA for a serious violation and issued a fine of $1,500 for failure to start and maintain an effective safety program, according to OSHA documents. The company was given until December 29 to pay the fine and fix the problem.

Chavez said that on December 3, the company agreed to correct the violation and the fine was reduced to $900.

On October 30, Brox was cited by OSHA for failure to ensure that its safety program dealt with directing traffic in areas where workers were on foot and for failure to ensure that employees were properly trained. The company agreed to correct the violations on November 24 and the original fine of $15,000 was reduced to $10,000.

Route 128 Accident Results in Personal Injuries

On Sunday, December 7, a motorist and a state trooper both sustained personal injuries in separate weather-related crashes as a coating of slick snow sent drivers skidding off the roadways.

According to Massachusetts State Police, at approximately 9 a.m., an unidentified woman lost control of her vehicle, causing her to careen into two state police cruisers parked in the break-down lane on Route 128 in Needham. The troopers had left their vehicles to assist another motorist and spotted the approaching vehicle before scrambling to safety.

The woman received transport to Beth Israel Deaconess Medical Center in Needham.

In Newton, a state trooper sustained personal injuries when his car crashed on northbound Route 128 shortly before 7:30 a.m. He received treatment at the Lahey Clinic in Burlington and was released. State police say no other cars were involved.

First Snowfall Causes Several I-91 accidents

Early on the morning of Sunday, December 7, drivers were caught off guard by the first snowfall of the season, as several accidents were caused by cars sliding off the highway. Some required transport to area hospitals for personal injuries, but Massachusetts State Police Trooper Brian Pearl said that none of them were serious.

One driver slid into a police cruiser parked alongside Interstate 91 in Holyoke after a collision with another vehicle, but Pearl said the trooper was not in the vehicle because he was assisting with another crash.

 Between 1 and 4 a.m. on Sunday, there were reports of more than a dozen accidents between Northampton and Holyoke. Pearl said the majority took place on I-91 in Holyoke near exits 15, 16, and 17. Nine accidents were also reported early Sunday by State Police in Springfield. Police also said that snow flurries returning around 3 p.m. caused a number of minor crashes in Franklin Berkshire Counties. Though most of the snow-related accidents took place on the highway, police throughout Western Massachusetts also reported a few minor accidents.

Deadly Accidents in Mendon and Windchendon

Two people died of the personal injuries they sustained in separate car crashes in Winchendon and Mendon on November 30.

Tracy Rumery, a 37-year-old West Springfield woman was the victim of the fatal crash in Winchendon. She died after her vehicle swerved into the southbound lane of Route 140 and collided with two oncoming vehicles shortly before 6:30 p.m. She received transport to Heywood Hospital in Gardner, where she was later pronounced dead.

According to police, Gardner resident Scott Cloutier was the driver of the first vehicle to hit Rumery. A passenger in his 2005 Ford Escape required hospital transport for injuries that seemed to be non-life-threatening.

Rumery's 1998 Chevrolet Monte Carlo then collided head-on with the 1995 Jeep Grand Cherokee of driver Joseph Ziroli of Johnston, Rhode Island. He and his passenger also received transport to the Gardner hospital with non-life-threatening injuries.

Also on November 30, a man from Uxbridge died in Mendon after his truck hit a tree and a rock before bursting into flames with him trapped inside shortly after 4 p.m. Fifty-four-year-old Peter Steeves received transport to Milford Regional Medical Center, where he later died.

Police say Steeves' 2003 Chevrolet Silverado was eastbound on Hopedale Street when it crossed the road and hit the pole and tree. According to initial calls to 911, Steeves was trapped within the truck and was unresponsive when a passer-by freed him. The passer-by cut his hand in the process and also received transport to the hospital.

According to Sgt. Brian Massey, the road was wet at the time of the crash and speed and alcohol may have been factors.

Man and Child Hurt in North Hampton Roll Over

Date:   December 7, 2008

Location:   Route 1, North Hampton, New Hampshire

Accident Type:   Single Vehicle Roll Over


A man and a young girl had to be cut from the SUV they were traveling in after it rolled over on Route 1 in North Hampton, New Hampshire on Sunday night.  The accident occured near Philbrick's Sales and Service.  The occupants were both transported to Portsmouth Regional Hospital.  Their names and condition have not been released by police. 

A local resident told reporters that car accidents frequently occur in that area of Route 1.  The stretch of road is dangerous because cars travel in excess of 40-50 MPH.

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