Catastrophic Preventable Disorder Causing Cerebral Palsy in Children on the Rise

What is Kernicterus?

Kernicterus is a form of brain damage caused by jaundice. Kernicterus can be prevented. Our law firm is dedicated to helping families of children with kernicterus recover for this devastating neurological disorder. It is our goal to provide lifetime care for our clients and to help eradicate kernicterus by holding accountable those health care providers who fail to follow careful medical practice.

Jaundice, or yellowing of the skin, affects approximately 60% of all newborns. With aggressive early discharge of mothers and infants from the hospital, some babies who become jaundiced are not having their jaundice measured and treated before it peaks. The result may be catastrophic. Severe jaundice (elevated bilirubin) can cause cerebral palsy. When cerebral palsy is caused by untreated elevated bilirubin (severe jaundice), it is called Kernicterus.

Can Kernicterus be treated?

Yellow jaundice is a common occurrence in breast-fed babies and some formula babies also. In an otherwise healthy, term infant it often stays at levels below which treatment is needed. However, at higher levels or in a pre-term or sick baby or one with an infection, phototherapy must be given to bring the levels down. The baby must be placed under phototherapy lights and given supplemental feedings to encourage weight gain. Sometimes the level of bilirubin in the blood must be reduced quickly by way of a blood exchange.

Doctors and nurses must be able to recognize at-risk infants; infants of diabetic mothers, infants delivered after prolonged rupture of membranes, premature infants, or infants having cephalohematomas or other bruising are at special risk. Physicians and hospitals must err on the side of aggressive treatment by phototherapy to prevent kernicterus in the rare infant who will get it without treatment.

Both phototherapy and a blood exchange require the pediatrician, nurse or neonatologist to do a heel stick and measure the level of bilirubin. If jaundice is not measured, treatment will not be forthcoming. A visual assessment of jaundice (yellow face, or to the navel, or to the legs) is notoriously unreliable. There are American College of Pediatrics Practice Parameters to help the hospital and physician know at what level and under what conditions to aggressively treat jaundice. The failure to diagnose and treat has been serious enough that JCAHO (Joint Commission for the Accreditation of Health Organizations) has put out an ALERT to its members reminding them how to prevent kernicterus.

In addition to Jaundice, what else should I look for?

At the initial stage, a baby undergoing brain damage from bilirubin may not feed well and may be lethargic. The baby may have a high-pitched cry and show it's discomfort by grimacing or arching. At the chronic stage, kernicterus may not be diagnosed until your child is several months old and has classic symptoms: athetotic cerebral palsy, auditory neuropathy (hearing loss), loss of upward gaze, and yellow staining of the teeth. There are also classic MRI findings.

We will be pleased to help any parents who suspect their child has this disorder. A delay in diagnosis of hearing loss or auditory neuropathy can impact your child's ability to develop speech in a timely manner. We will help you meet other families and children dealing with this disorder. And we will make sure that your case is reviewed by the foremost experts in the field. Kernicterus is devastating and expensive. We have the legal experience to take these cases to a full recovery.

Contact us for legal help with Kernicterus.

References from families of children with Kernicterus available upon request.

No legal advice is being tendered on this web site.