Archive for the ‘cerebral palsy’ Category

Cerebral Palsy from Medical Malpractice

Thursday, June 9th, 2011

An 8-year old lawsuit finally ended in a trial verdict of $58.6 million. Domenic and Cathy D’Attilo’s son Daniel has severe cerebral palsy since his birth on Feb. 2, 2003. Daniel cannot feed himself, is in a wheelchair, is unable to talk and is incontinent.  The jury awarded $8.6 million for past and future care and $50 million for pain and suffering.  The D’Attilos, of Norwalk, Connecticut sued Richard Viscarello, M.D., and his obstetrical practice, alleging that the doctor negligently delayed doing a Cesarean section, among other things, which led to Daniel’s severe and permanent brain damage. The verdict appears to be the largest ever in a Connecticut medical malpractice case. James B. Rosenblum, the defendants’ attorney, promises an appeal if the judge allows the verdict to stand.  Kathleen L. Nastri, the D’Attilos’ attorney, expects the verdict to survive on appeal.

This verdict is interesting for several reasons.  $8.6 million in special damages (medical care and lost wages) almost strikes me as too low, in my experience with similar situations.  The medical care portion of this number is ordinarily calculated by a life-care planner and would be based on estimates of Daniel’s medical care needs and living expenses until age 65 (when Medicare and Social Security kick in.)  Daniel obviously cannot take care of himself, so a group home is not going to be a reasonable choice for him to reside even though these kinds of facilities work for many disabled people and are relatively inexpensive. Daniel will likely need a nursing home or similar facility, and that kind of care is very expensive, particularly over a lifetime.  Lifetime wages for a child are usually estimated by looking at the wages of the parents and then calculated from age 18 to 65. Although Dominic is a mason and contractor whose business has fallen on hard times since the housing downturn, the life-care planner would probably use an average wage of other workers in the same kind of job to come up with an estimate for Daniel’s earning potential, without his disability. Because even the minimum wage translates to a large number over a 47-year time frame, juries sometimes go into sticker shock when they learn what the lifetime earning potential of a child is.

The general damages award for pain and suffering was also remarkable in this case.  It is not often that juries feel so sympathetic. Although less than 6 times the special damages award, most juries cringe at awarding these kind of numbers.  Over the past couple of generations, the insurance companies, in an incestuous relationship with politicians, have convinced most people of the meme that medical malpractice verdicts drive the soaring cost of healthcare.  Yes, it’s all a big lie, but because it sounds so plausible and easy to accept, politicians never stop blaming trial lawyers for the costs of healthcare, particularly so when the real reason for healthcare inflation is politicians themselves.  What happened to Daniel was awful and no one would ever trade places with him for any amount of money.  So it is heartening that every now and then Justice actually occurs in the courtroom.

Why we don’t use hyperbaric oxygen for cerebral palsy but the Chinese do

Saturday, January 2nd, 2010

I bring up this issue because we supposedly have a free-market medical system and the Chinese–well, they’re communists.  Has the free market failed yet again?

Actually, I’m one of those true believers who thinks that markets never fail.  So, my a priori answer to this Sino-American conundrum is that we don’t have a free market in medicine and the Chinese probably don’t withhold cheap, harmless therapy that seems to work even though scientific evidence is less than certain.

I only recently came across this English-language review of the Chinese medical literature on the subject of hyperbaric oxygen for the treatment of cerebral palsy and my supposition about Chinese medical policy, at least, was born out.  This particular review confined itself to neonatal ischemic patients and the researchers, though from England, had an obvious command of the Chinese language. The authors found 20 Chinese-language reports of randomized, or what the authors called quasi-randomized, studies; quite a few other hyperbaric oxygen studies  for cerebral palsy did not meet the authors’ inclusion criteria and had to be excluded from the analysis.

Overall, the patients treated with hyperbaric oxygen fared better than the ones who did not receive hyperbaric oxygen.  Here are the authors’ conclusions in their own words:

“Treatment with hyperbaric oxygen possibly reduces mortality and neurological sequelae in term neonates with hypoxic-ischaemic encephalopathy. Because of the poor quality of reporting in all trials and the possibility of publication bias, an adequately powered, high quality randomised controlled trial is needed to investigate these findings. The Chinese medical literature may be a rich source of evidence to inform clinical practice and other systematic reviews.”

This conclusion is hard to quibble with: Maybe hyperbaric oxygen works and more study is needed to say for sure.  But I find it curious that the Chinese are willing to treat their brain-injured babies with hyperbaric oxygen whereas the American government–or at least Medicare and Medicaid, for the most part–refuses to pay for hyperbaric oxygen treatment of brain injury.

Pediatric stroke

Sunday, September 27th, 2009

From time to time, Atlanta Hyperbaric gets a child referred for hyperbaric oxygen therapy who has had a stroke.   Although most of our stroke patients are adults, and older adults at that, it seems like awareness of stroke in children is increasing.  Not long ago, the American Heart Associations issued guidelines for the diagnosis and treatment of childhood stroke.  These guidelines emphasize the differences in pediatric and adult strokes.  For example, most of the kids with stroke have congenital heart disease or sickle cell disease.  Most adults have atherosclerosis.  Many of the kids have had perinatal strokes, that is, strokes just before, during or shortly after birth, like our most recent child referred to Atlanta Hyperbaric.  Children with stroke often present with seizures, whereas adults do so infrequently.  Clot busting drugs like TPA have not been studied in children because it is so rare to diagnose a child within three hours of the onset of stroke.

Now it turns out that the incidence of childhood stroke may be more frequent than once believed.  A University of California group took a look at Kaiser Permanente records of more than two million children to determine the incidence of stroke in this population.  Stroke is still pretty rare in children, 2.4 per 100,000 person-years, but these finding are roughly double the incidence previously reported.  Because the authors searched radiology reports as well as discharge diagnoses, they were able to confirm a lot more cases.

These data say nothing about whether the incidence of stroke in children is increasing or that diagnosis is become more accurate.  What we can say, for certain, is that childhood stroke is being recognized more and more.

I believe that hyperbaric oxygen therapy can be of particular benefit to children who have had strokes.  For example, I have seen striking improvement in seizure control in cerebral palsy patients treated with hyperbaric oxygen and would think the same would be true in children with strokes.    Of course, like the cerebral palsy patients, children with stroke have a whole lifetime in front of them.

Hyperbaric oxygen may stimulate brain stem cells

Tuesday, August 4th, 2009

A few weeks back, I wrote about the animal model of cerebral palsy.  Although animal models have pitfalls, by and large, medicine has often advanced through wise interpretation of these models.  Rats are often used because the scientist can do many experiments on a limited budget.

I always read the Journal of the Undersea and Hyperbaric Medical Society as soon as I receive it each quarter.  So, I must have read this animal study when it came out last year, but alas, I forgot about it.  I came across it again just recently and realized that I ought to make a few comments because this study has findings that are important to everyone interested in cerebral palsy.

The authors performed experiments on 180 rats!  I can hardly imagine recruiting 180 patients for any kind of human study, let alone one that involves hyperbaric oxygen.  In any case, the authors set up the cerebral palsy model in the rats and gave them one hyperbaric oxygen treatment daily for seven days. They carefully examined the hyperbaric-oxygen treated animals and compared them to the untreated ones and found that, within two weeks, neural stem cells had migrated into the cerebral cortex of the hyperbaric-treated animals and that, within four weeks, the treated animals actually had an increased number of neurons, i.e., the hyperbaric-treatment group actually grew brain tissue: the brain had partially repaired itself from the injury.

These results are really nothing short of astonishing.  We know that the brain has limited regenerative powers.  Here, however, after the severe damage caused by the experimental injury, prompt institution of hyperbaric oxygen not only stimulated neural stem cells to migrate into the damaged area, but these stem cells were able to differentiate into actual brain tissue, limiting the overall damage.  To the best of my knowledge, no other intervention of any kind has ever made this claim for the injured brain.

Cerebral palsy treatment options

Sunday, July 12th, 2009

Physicians who treat children with cerebral palsy have to maintain a positive outlook.  I think that’s especially true for those of us who treat patients with hyperbaric oxygen.  We all agree that cerebral palsy cannot be cured.  See here, here or here.  The mainstay of therapy for most of these children is physical therapy, tailored to the individual, to improve strength and mobility.  Controlling seizures, muscle spasticity and other medical problems specific to individual children comprise much of the therapy these children receive.  Many kids with cerebral palsy are fortunate not to have substantial cognitive difficulties and can attend regular schools.  All of these treatments make life better for cerebral palsy patients and their families, but none of them help the underlying neurologic condtion.

Controversy  occurs only if someone claims a certain treatment option improves the underlying neurological condition of cerebral palsy.  Standard treatment, after all, is palliative.  It is awfully odd that hyperbaric oxygen therapy is so harshly opposed by its critics.    Because hyperbaric oxygen is the only option for cerebral palsy that claims to improve the underlying pathology,  it seems to me that such a treatment ought to be embraced.

I have spent a lot of time over the years trying to figure out why hyperbaric oxygen inflames passions the way it does and I know from experience that one of the reasons is economic.  Government and insurance companies have been encroaching on the doctor-patient relationship throughout my career and doctors don’t need much to put them in fear for their wallets.  Hyperbaric oxygen can represent economic competition for physicians who make their living operating or medicating and doctors are all too human when they see their own indispensability challenged.  I’ve found it especially sad, however, that some physicians go out of their way to discourage parents about hyperbaric oxygen for kids with cerebral palsy.  As tough as economic times may be, I like to think that most physicians still have a soft spot for children, especially children who face the problems that cerebral palsy kids do.

In any case, we at Atlanta Hyperbaric love treating cerebral palsy kids.  These kids will still have benefits from my treatment long after I’m gone and I can’t afford to waste any energy over those who are insecure.