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Edwards Running as VP [message #100354] Thu, 08 July 2004 05:29 Go to previous messageGo to previous message
htmlgod is currently offline  htmlgod
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Ok, I will give an example of one of Edwards' cases. This was a case tried in 1985, over the birth of Jennifer Campbell.

Before, things you should know: Cerebral palsy affects a very low percentage of all births. In 7 out of 8 Cerebral Palsy cases, the cause of cerebral palsy is never discovered (after extensive investigation). In a handful of those 1/8 of the cases of Cerebraly palsy, the cause is believed to be linked to the brain recieving too little oxygen during birth. In some of these cases (less than 50%), the cause for the oxygen defecit is the baby coming out feet first, leaving it unable to breathe for a few minutes at a time when it should begin breathing on its own.There is a procedure called a Ceasarian Section (AKA C-Section) whereby the birth canal is widened, and even if the baby is coming ou feet first, the birth canal is wide enough that either the doctor can reverse the baby's position, or sometimes the doctor doesn't need to because the increased birth canal allows the feet-first baby to get enough oxygen. However, performing C-Sections can be quite dangerous to the mother. In some cases the C-Section causes immense blood loss, a transfusion must be performed, and the bleeding must be stopped. Many mothers have bled to death because the doctor has been unable to stop the bleeding caused by the Ceasarian Section. Additionally, it is often impossible to detect whether a C-Section is necessary until it is too late to prevent the baby from being unable to breathe properly.

So you see, doctors try to avoid performing C-Sections unless they know that they will be necessary, because it is only rarely needed, and for most births, its just an added risk and cost.

John Edwards sued on behalf of a family whose baby was born with Cerebral Palsy. Edwards blamed the doctor for the baby's Cerebral Palsy, and he made the argument to the jury, that had the doctor performed a C-Section, the baby would have been born healthy. The plaintiff was awarded 6.5 million dollars by the jury.

Now first lets look back at the facts real quick:
- In only 1/8 of the cases of Cerebral Palsy can the cause be identified (it was not identified in this case)
- In only some of those 1/8 of the cases is the cause established as lack of oxygen, there are other causes as well.
- C-Sections are dangerous to the mother, and expensive, so they are usually avoided if possible.
- The doctor performed a C-Section as soon as he discovered that there might be a complication in the delivery, but sadly, this was too late.

I think we can all agree that having a baby be born with Cerebral Palsy is a huge tragedy, but there isn't always someone to blame when it happens. The doctor, who probably earned about 225,000 in a year before taxes, had to pay 6.5 million, only a small amount of which was covered by his insurance policy. THEN Edwards went back and threatened to sue Jennifer Campbell's Obstetrician, but the obstetrician settled for 1.5 million.

Furthermore, a recent study showed that the increase in C-Section deliveries, from 6% of all deliveries in 1970 to 26% of all deliveries today has failed to decrease the occurence of Cerebral Palsy, at all! In the end, John Edwards took more than 30% of the awards that he won for the Campbell Family.


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[Updated on: Thu, 08 July 2004 10:03]

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