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In February 2014, a San Francisco medical malpractice lawsuit filed against Kaiser ended in a $4.1 million settlement in the woman's favor. The lawsuit alleged that several significant delays in the birth of her great grandson - of whom she is the legal guardian - caused the boy's epilepsy and spastic cerebral palsy.

The plaintiff, Delores Lee, alleged the following in her case:

  • That the boy's mother had been showing symptoms of labor for several days before Kaiser agreed to admit her to a hospital to deliver the baby.
  • According to Lee, the significant delay in receiving medical care led to cerebral palsy and epilepsy, for which her great grandson Demorea Ferdinand, now seven years old, requires around-the-clock care.
  • Demorea also suffers from severe global developmental delay and is unable to walk, crawl or communicate. He is not able to follow any instructions or commands, and will likely live a life of dependence.

The defendants - Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc. and the Permanente Medical Group - agreed to pay $4.1 million to compensate Lee for medical treatment and ongoing care for Demorea.

Cerebral palsy has several known causes, but it's often the result of complications during the birthing process that result in deprivation of oxygen to the brain. Children suffering from cerebral palsy or another condition due to a doctor's negligence or carelessness may be entitled to compensation in a medical malpractice claim. Contact an attorney at Jeffrey M. Goldberg Law Offices to learn more about your options for filing a birth injury lawsuit in Chicago or elsewhere in Illinois.

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