World Cerebral Palsy Day: Amber’s story

Cerebral palsy (CP) is the most common physical disability in childhood, with one in 700 Australian babies diagnosed with the condition.

Sunday 6 October 2024 is World Cerebral Palsy Day, an opportunity to raise awareness for the 17 million people worldwide living with CP, including 34,000 Australians. This year's theme, 'Uniquely CP’, emphasises overcoming stereotypes and celebrating individuals.

In 13 out of 14 cases of cerebral palsy in Australia, the brain injury leading to cerebral palsy occurs for a baby before they’re born or within one month of age.

We share our client Amber’s story to demonstrate the profound effects cerebral palsy can have on an individual’s life – and to highlight the crucial need for appropriate and well-managed pregnancy care.

Cerebral palsy is a complex disability

Cerebral palsy affects posture and movement and can also impact intellectual function. Many people with CP have other related communication, hearing, mobility and vision needs. Its impact can range from a weakness in one hand to almost a complete lack of voluntary movement.

Of children with cerebral palsy:

• 25% cannot talk
• 25% cannot walk
• 50% have an intellectual disability
• 25% have epilepsy.

There is no single cause of cerebral palsy, and the cause remains unknown for most babies born with it. However, certain risk factors for cerebral palsy may occur during a person’s pregnancy, as a baby is being born, or after the baby is born.

Sadly, Maurice Blackburn has acted, and continues to act, for a number of clients who have been diagnosed with cerebral palsy as a result of events before, during, or after birth that were not appropriately managed by the doctors or hospitals in charge of their care.

Cerebral palsy and the risk factors associated with birth

Although risk factors do not cause cerebral palsy, the presence of some risk factors may lead to an increased chance of a child being born with cerebral palsy. There are numerous risk factors for cerebral palsy, which may include birth defects, growth restrictions during pregnancy, low sugars at birth, jaundice at or after birth, or infection around the time of birth.

The failure to medically manage certain risk factors can also increase the risk of injury to a baby’s developing brain and lead to cerebral palsy. 

Sadly, we often see families who experience a mismanaged pregnancy or labour, which can cause their unborn baby to suffer prolonged oxygen deprivation and severe brain injury.

Rebecca and Phil's IVF journey and unexpected complications

Rebecca and Phil endured two cycles of IVF without success before they conceived their first child, Amber, in 2005. They chose a private obstetrician to manage the pregnancy, which proceeded without any complications for 41 weeks.

Eventually, in March 2006, Rebecca was booked for an induction of labour. When she arrived at the hospital that morning, there were signs of preeclampsia, a serious condition that can cause significant harm to a mother and their baby if left untreated. At the time, Rebecca and Phil had no idea what this could mean for Amber.

“The day comes, and you go to the hospital, prepared to come home with a happy, healthy baby, but the day takes a turn for the worst, and at the end of the day, your child has been taken to the intensive care unit and is fighting for their life,” Rebecca says.

Cerebral palsy as a result of birth trauma: Amber’s story

Rebecca was induced as planned. However, her labour progressed slowly over the course of the day. Meanwhile, her blood pressure remained very high, and repeat urine tests showed high protein levels. She was not given any medications to manage her blood pressure.

The decision was made to deliver Amber by caesarean section. Despite her blood pressure spiking, Rebecca wasn’t taken to the operating theatre until about 90 minutes later, and during this time, Amber’s heart rate was not monitored. Just after she arrived in the theatre, Rebecca went into active labour and ended up delivering Amber naturally.

Amber was born in poor condition. She was floppy at birth and required significant resuscitation and oxygen support. After she was admitted to the NICU, she began to suffer from frequent seizures, and a brain scan showed that she had suffered profound brain damage due to lack of oxygen prior to her birth.

Amber now suffers from spastic quadriplegic cerebral palsy. This is considered the most severe form of cerebral palsy, as it affects all fours of her limbs. She has very little control over her arm and leg movements, she is confined to a wheelchair, she is non-verbal, and she is fed through a PEG tube.

Maurice Blackburn has obtained evidence from an independent obstetrician, who says that Amber’s heart rate was abnormal at times during labour. According to the obstetrician, these were possible signs of distress, which should have sparked concern given Rebecca’s preeclampsia. It is alleged that an emergency caesarean section should have been strongly recommended earlier that afternoon and that, had this happened, Amber is likely to have avoided the oxygen deprivation that caused her brain injury.

Amber graduated high school in 2023, which marked a proud milestone in her family’s life. But Rebecca and Phil say the impact of CP will remain a lifelong struggle for their daughter.

Helping families access the care and support they deserve

When CP results from medical negligence, we help families access the compensation they need to provide tailored, quality treatment and education that supports their vital role as a carer and allows their child to achieve the best possible outcomes through possible early access to therapies and medical intervention.

If you (or a loved one) suffer from cerebral palsy, you may be eligible to claim under the National Disability Insurance Scheme (NDIS). The NDIS provides funding for the support and services you may need because of your CP.

If the cerebral palsy was the result of a medical event, you may be entitled to additional support.

Our team of expert medical negligence lawyers are here to help achieve the best possible outcome for you.

“The impacts of cerebral palsy are devastating not only for a child, but their whole family,” says Medical Negligence lawyer Louis Baigent.

“Claims for children with cerebral palsy are some of the most tragic we encounter. They are also some of the most rewarding, as the potential compensation can help clients to live as rich and fulfilling a life as they truly deserve.”