Medical Malpractice
Cerebral palsy is an umbrella term that describes chronic non-progressive disorders impairing movement control that first appears as an infant.
Ataxic cerebral palsy is a particular form of CP characterized by a lack of control and coordination of the muscles in the arms and legs, particularly with fine motor coordination. It is often marked both by hypotonic muscles and poor coordination and balance. So with ataxic cerebral palsy, there is less of an issue with weakness and more of a concern with incoordination and loss of balance.
As a result, patients with ataxic cerebral palsy sometimes ambulate with jerking movements and a wide-based gait. These patients may also suffer from tremors that can complicate the performance of daily activities that require fine motor function. Ataxic CP may also cause loss of oral control, resulting in speech, chewing, and swallowing difficulties.
Ataxic cerebral palsy is the least common form of CP. Less than 5% of all cerebral palsy cases are diagnosed as ataxic CP.
What Are the Symptoms of Ataxic Cerebral Palsy?
One of the primary characteristics of ataxic cerebral palsy is extremely low muscle tone (hypotonia) and lack of control. The hypotonia is most pronounced in early infancy. A baby with ataxic CP often appears immobile or floppy – like a rag doll.
Babies suffering from ataxic cerebral palsy tend to develop slowly and will consistently fall short of typical pediatric development milestones. Muscle tone will gradually increase as the baby grows, but it never reaches normal levels.
As the child ages, ataxic CP can significantly affect body movements involving coordination, balance, and depth perception. For instance, a child with ataxic CP may overreach when attempting to touch objects that are close up. Ataxic CP also results in a lack of hand control, making it extremely difficult to perform things such as writing, using scissors, zipping up a coat, tying shoes, or buttoning a shirt.
What Causes Ataxic Cerebral Palsy?
Ataxic cerebral palsy is caused by damage to the brain cells during childbirth or pregnancy. Like all cells in the body, brain cells require a constant flow of oxygen and blood. Even a short-term interruption of oxygen and blood flow to the brain during pregnancy or childbirth can result in damage and decay to brain cells. This damage to the delicate cells of the brain eventually causes ataxic cerebral palsy. Several well-known events during labor and delivery can potentially cause cerebral palsy:
- placental abruption
- maternal infections
- asphyxia
- uterine rupture
- fetal distress
- cord prolapse
What Are the Symptoms of Ataxic Cerebral Palsy?
The core symptoms of ataxic cerebral palsy are uncontrolled or uncoordinated movements. In fact, the word “ataxia” literally means incoordination or lack of order and control. The movements of a child with ataxic CP will often appear disorganized, imprecise, or sometimes jerky. This lack of control caused by ataxic CP is most noticeable when performing specific voluntary, coordinated movements, such as picking things up or walking fast. The most apparent symptoms of ataxic CP are:
- Lack of coordination with both fine motor skills (e.g., writing) and gross motor (walking)
- Extremely poor body balance (most noticeable when walking)
- An absence of depth perception (most noticeable when reaching for objects)
- Shakiness and tremors
Earlier developmental symptoms or signs of ataxic CP can include walking with a wide gait (feet spread apart), difficulty grasping and picking up objects, inability to bring hands together normally, slow eye movements, and speech issues.
Is Ataxic Cerebral Palsy Hereditary?
No. Ataxic cerebral palsy is caused by damage to brain cells during developmental stages. This most often occurs during childbirth or late pregnancy.
Is There a Cure for Ataxic Cerebral Palsy?
Unfortunately, there is no actual “cure” for ataxic cerebral palsy. Once the developing cells in the brain are damaged during pregnancy or childbirth, they cannot be repaired or regenerated. Proper management and treatment can make the symptoms of ataxic CP more manageable.
How Many Children Are Affected by Ataxic Cerebral Palsy?
For every 1,000 babies born in the United States, at least three will be diagnosed with cerebral palsy by the time they are 18-24 months old. According to the United Cerebral Palsy, just under a million people in the U.S. live with cerebral palsy Association. Ataxic cerebral palsy is the least common type of CP. Less than 10% of cerebral palsy cases are classified as ataxic CP. More common forms of cerebral palsy are dyskinetic and, the most common, spastic.
How Is Ataxic Cerebral Palsy Diagnosed?
The brain damage to the cerebellum area that causes ataxic CP generally occurs during labor and delivery or pregnancy. However, an actual diagnosis of ataxic CP is not made right away. A formal diagnosis of ataxic cerebral palsy is typically made much farther down the road after the child falls short of certain developmental milestones.
What Are the Treatment Options for Ataxic Cerebral Palsy?
Treatment for ataxic CP focuses on managing the symptoms and increasing functionality. Treatment plans for ataxic cerebral palsy typically involve a combination of (1) medication and (2) therapy.
Medication: Several drugs are used to help manage the symptoms of ataxic CP. Anti-anxiety drugs are sometimes used to control the tremors and shakes experienced by children with ataxic CP. Other drug combinations are also used to address muscle control issues.
Therapy: Intensive physical therapy is the primary treatment method for ataxic CP. Physical therapy can effectively increase muscle and body control and help children with ataxic CP become more mobile and independent. Occupational therapy provides a more focused approach and aims at increasing practical functionality.
- Get more information on the treatment of CP and the great things that are
e being done today to improve the lives of CP victims
Are Foot Injuries Common with Ataxic Cerebral Palsy?
As we talked about above, ataxic cerebral palsy creates muscle imbalance. This imbalance leads to varying amounts of pressure on different parts of the person’s feet, that can lead to complications.
One complication is equinus foot deformity. One option to treat equinus foot deformity is orthotics. Another is splinting. Surgery may also be an option to length the tendons.
Other deformities of the feet you often see in children who suffer from CP include varus, valgus, and metatarsal deformities.
Three Example Ataxic Cerebral Palsy Settlement and Jury Payouts
The case summaries below are from reported settlements and verdicts in which the primary injury was ataxic cerebral palsy. Why are there so few cases? The settlement and verdict reports do not include the specific type of cerebral palsy.
All cases are unique, and these are offered for informational purposes only. In other words, you can’t predict the exact settlement value of your child’s claim by seeing a case that looks on its face to be the exact same case. Why? Too many variables cannot be included in these short summaries. But you also cannot avoid the obvious. Serious injury ataxic cerebral palsy cases can lead to huge settlements and verdicts.
- Blunt v. Sierra Vista Regional Medical (California) $74.5 million: In this California birth injury lawsuit, the mother alleged that she was allowed to push for hours during labor. Despite clear signs of fetal distress, she claimed that the doctors and hospital staff did not intervene and aid the delivery. No episiotomy was performed, and no effort at forceps or vacuum extraction was made. When the baby was born, she had significant brain damage and was diagnosed with severe ataxic cerebral palsy – requiring 24-hour medical care for the remainder of her life. The doctors and hospital insisted that there were no apparent signs of fetal distress and, therefore, no reason to hasten the vaginal delivery or perform an emergency C-section. After a two-month trial in San Luis Obispo County, the jury awarded the plaintiffs a staggering $74.5 million in damages.
- Plaintiff v. Defendant (Michigan) $3.9 million: Mother went to the hospital for scheduled induced labor. The fetal monitor showed everything was fine, but it was noted that the baby was positioned face first – a situation that often calls for a C-section delivery. The baby was delivered vaginally and suffered hypoxic ischemic encephalopathy during delivery. The baby was eventually diagnosed with ataxic cerebral palsy. The mother alleged that the hospital staff did not properly set up the fetal monitor and, as a result, it was giving readings of the mother’s heart rate instead of the fetal heart rate so the doctors were basically oblivious to the fetal distress. Defendants denied liability and causation. One of the primary defenses was that HIE is known to cause other types of cerebral palsy but is not considered a cause of ataxic cerebral palsy. The case went to pre-trial mediation, which resulted in a settlement for $3.9 million from the hospital and doctor.
- Coleman v. United States (Illinois 2003) $19.2 million: Plaintiff had a normal pregnancy but encountered difficulties 6 hours into her labor and delivery. At that point, the doctor allegedly attempted to use a vacuum extractor 15 times before eventually performing an emergency C-section. The baby allegedly suffered severe ataxic encephalopathy and was diagnosed with cerebral palsy. The plaintiff accused the defendants of breaching the standard of care by overusing the vacuum extractor and failing to perform a timely c-section. The defendants denied that the vacuum extractor was used 15 times and claimed that the baby’s injuries resulted from a maternal infection, not trauma during childbirth. A federal court jury in Chicago found in favor of the plaintiff and awarded $19.2 million.
Contact Miller & Zois About Ataxic Cerebral Palsy
When a child is diagnosed with ataxic cerebral palsy, it is possible that a medical error or negligence may have caused their condition during childbirth. Miller Zois has a team of experienced birth injury attorneys with the knowledge and experience necessary to evaluate your case and determine whether or not you have a malpractice claim. Miller & Zois has consistently delivered results for birth injury clients. Call us at 800-553-8082 or click here for a free online consultation.