Daniel D’Attilo was born eight years ago after a delayed delivery. The case filed by his parents in 2005 asserts that Cathy D’Attilo’s amniotic fluid had dropped by half three days before his delivery. Her doctor apparently had this knowledge, yet chose to wait to perform a C-Section. The case also states that the C-Section was performed poorly.

The result of Daniel’s birth injury was brain damage, leading to a diagnosis of severe cerebral palsy. Doctors say he will never be able to speak, hear or walk. He also suffers from seizures.

It took six years for the D’Attilo to receive a verdict.

Of the $58 million the jury awarded, $8 million will go towards Daniel’s medical care. Due to the severity of his condition, he will require full-time care for his entire life. The other $50 million portion is for pain and suffering.

We hope the difficulty of Daniel’s condition will be made a little easier after the jury’s decision in his favor.

Cappolino Dodd Krebs, LLP – birth trauma lawyers

The jury determined that the doctor delivering Chaylee in 2008 inadvertently ripped and ruptured nerves in her left shoulder, making her left arm essentially useless. The lawsuit claims he made two mistakes: His choice to use a vacuum delivery was, in the eyes of some, his first mistake. They say it was unnecessary given the relatively good health of the baby in utero. The other mistake happened when Chaylee became stuck behind her mother’s pelvic bone and the doctor pulled down on her head in an attempt to free her.

An injury like Chaylee’s can severely limit the advancement of the fine motor skills children develop when they are young. For Chaylee, the severity of her birth injury makes it unlikely she will ever have significant use of her arm.

Also considered in the decision was the social stigma that Chaylee will likely face due to her obvious deformity.

Of the $1.8 million award, $1.2 million represents past and future medical bills, as well as potential lost wages. The remaining $600,000 was awarded for pain and suffering.

Cappolino Dodd Krebs LLP – birth trauma attorneys

Six-year-old Joshua Lindley has cerebral palsy quadriplegia and speaks using a special talking machine similar to that used by Professor Steven Hawking. He is able to understand everything, but he was unable to respond until his mom got him the digital talking aid.

With the machine, he can do things like tell him mom what he wants for dinner or what he wants to watch on TV, things that most people take for granted. The Vantage Talker machine has pictures for all the things in Joshua’s daily life, including pictures of his mother and father and the things he likes to eat. His mother got funding to purchase it through a government program.

Joshua likes to be the center of attention despite his condition. He has a beautiful smile and bright eyes, and his mother thought he might do well in modeling. Now he has a successful career as a child model, featured in catalogs, trade magazines and advertisements.

Joshua is a wonderful example of the possibilities after birth trauma when proper care is available. We wish him luck in his modeling career.

Cappolino Dodd Krebs, LLP – cerebral palsy attorneys

United Cerebral Palsy of NYC serves more than 14,000 children and adults with cerebral palsy, and helps others with a range of disabilities. Working out of a single location for decades on 23^rd Street in Manhattan, the organization decided it was time to expand.

“People with developmental disabilities, we know it is very challenging and hard for them to have a lot of different opportunities and be exposed to meaningful activities in their lives. Being in Harlem really gives us an opportunity to provide them with those meaningful activities as well as help them to become more independent,” said coordinator of Operations Parnelle Labonte.

One program participant, Jeffrey Gale, says that having a location closer to home will make it easier for him to build relationships and gain socialization skills he might not normally have the possibility of experiencing.

An expansion of services for the developmentally disabled is exciting, especially considering the massive budget cuts experienced across the country. We hope the new center will operate for many more decades.

Cappolino Dodd Krebs, LLP – cerebral palsy attorneys

Odin Fortner-Watrous suffers from a rare seizure disorder called West Syndrome, caused by a lack of oxygen he experienced during his first moments in the world.

“He spent four minutes with no oxygen and it caused severe brain trauma, and due to the brain damage the seizures developed,” said Odin’s mother, Shayna Fortner Watrous, telling the story of his birth.

The only treatment option approved in the United States for Odin’s condition, called ACTH, costs $300,000 for a five day supply. Full treatment takes 14 weeks.

“We pay $4,600 out of pocket, per vial,” explains Shayna.

The mother of four was recently diagnosed with stage two breast cancer.

Odin’s father, Arthur, says that every dollar he makes is going towards paying for the medication.

Family and friends are donating household supplies and everyday items to the family. Country singer Landon Parker is performing an online benefit concert on February 4. A Facebook page has been created for the event.

“It gives us the opportunity to test just how strong we can be,” said Arthur.

Shayna says the treatment is already having a positive effect. Hopefully, with the help of the community, the family can complete the treatment and give Odin a better life.

Donations can be sent to:

Shayla Fortner-Watrous

13 Vine Street

Bingham, New York 13901

The family requests that if you do make a donation, please put Odin’s Journey in the memo and include your name and address so they can thank you.

Cappolino Dodd Krebs, LLP – birth trauma lawyers

Aaron Timmons, a 29-year-old man in the U.K., found karate by accident. Though he had been a fan of Japanese anime, most notably Dragon Ball Z, Timmons was not looking for karate lessons. He just happened to take a trip with his sister while she searched for boxing lessons. While sitting and watching her train, he heard noises coming from another class that attracted his attention. Going over to watch the karate students, he decided to ask for instruction.

“Disability or not, the criteria is still the same,” said Timothy Hill, Timmons’ instructor. “He’s not coming in here being pampered and just getting a belt. When he’s on the floor, he’s just like (everyone else).”

Timmons just attained his first belt rank beyond the standard white. He is immensely proud of the new red belt he earned.

Timmons’ mother, Beth Todaro, expressed her surprise at his accomplishment. “I had no idea that the discipline of karate could be such that a person with disabilities could master it,” she said. “Because of his core issues, he’s always physically fighting to keep his balance.”

Timmons has every reason to be proud. Not everyone could do what he has done, with or without cerebral palsy.

Cappolino Dodd Krebs LLP – cerebral palsy lawyers

Ohio Medicaid is proposing the removal of Exclusive Home Care Services in Dayton from the Medicaid program and has decided to not extend the state contract with Cincinnati-based CareStar Inc., according to state Medicaid Director John McCarthy.

“The death of Makayla Norman was a horrible tragedy, and the allegations in this case are extremely disturbing,” McCarthy said.

The 14-year-old girl was dependent on others for her care. When she died, she weighed only 28 pounds and was covered with bedsores and caked in dirt, authorities said. The coroner’s office said she died of nutritional and medical neglect complicated by her chronic condition.

Authorities have indicted the girl’s mother and three nurses on criminal charges in her death.

It is only right that Medicaid remove funding from the two organizations involved in this poor girl’s death. It will take investigation to determine how the three nurses, whose job it was to take care of Norman, allowed her to waste away so tragically.

Cappolino Dodd Krebs LLP – cerebral palsy attorneys

Susan Pfeiffer, from the University of Toronto in Canada, has found an example of stress injury to the pelvis in the skeleton of a 2000-year-old female found in South Africa.

According to newscientist.com, humans are unique among hominids in having a birth canal that is nearly identical in size to the neonatal head. This means that it is inevitable that natural variations will cause some women to have a pelvis that is too small for childbirth.

The skeleton examined by Pfeiffer had an unusually narrow pelvis, which she said appears to have led to an injury to the pubic symphysis, a joint running down the midline of the pelvis, during childbirth.

“Resulting deterioration of her joints probably caused a lot of pain, yet she stayed active,” said Pfeiffer. “This suggests that her group had knowledge of pain-numbing substances.”

Jeremy DeSilva, from Boston University, estimates that childbirth first became difficult around 4 million years ago.

We are fortunate that with modern medicine and an alert medical staff, a narrow pelvis does not mean birth trauma is inevitable.

Cappolino Dodd Krebs LLP – birth trauma attorneys

Seventh grader Wil Sanders disease affects his muscle tone and hampers his motor skills, but that did not prevent him from trying out for the Evans Middle School basketball team.

“When I tried out for the basketball team, I didn’t know what to expect,” said the 13-year-old. “When I made it, I was as shocked as anyone. I was like ‘What just happened?”

Evans Middle basketball coach Garth Thomas chose to look past the young man’s physical limitations to his desire to compete, which was as strong as any other player.

“When tryouts came, Wil Showed a lot of toughness, a lot of courage,” said Thomas. “I could just tell he needed to be a part of what we were doing.”

Wil did not play much during the season, but he provided much needed support during every game.

“He was always doing his best to pump up the team,” said eight-grade teammate Davis Addyman. “He would always give us speeches during halftime to get us motivated.”

Wil says he is going to keep practicing in hopes he will gain enough skill to play the game with everyone else.

Cappolino Dodd Krebs – cerebral palsy attorneys

Her parents, Joanne and David, were watching television a year ago when they saw the story of a boy with cerebral palsy who had travelled to the U.S. for pioneering Selective Dorsal Rhizotomy surgery. That the little boy was able to walk again was enough to motivate the family to try for the same surgery.

Through months of hard work and fundraising the family managed to gather 70,000 pounds to pay for their trip to The Children’s Hospital in St. Louis, Missouri.

“It was just by the off-chance we had seen the programme, and if we had not heard about it we may never have gone along that road,” said Joanne.

With her return home, Lily is going through rigorous physiotherapy three times a week. This comes after her four hour surgery in the states and another tendon lengthening surgery.

“Some people may expect her to be walking fully by now, but it is things like her sitting on the sofa on her own and the fact we can leave her to sit on a chair whereas before she would have just fallen off it. We can see as the weeks so on she is getting stronger,” said Joanne.

Cappolino Dodd Krebs LLP – cerebral palsy lawyers