Birth Injuries a Factor in Cerebral Palsy

Thanks to the folks at Burke & Eisner for this important information about cerebral palsy.

More than 500,000 Americans have cerebral palsy, a type of brain damage that impairs movement and causes mental retardation. Cerebral palsy is one of the most common causes of childhood disability. Every year, between two and four of every 1,000 live births in the U.S. are affected.

The origins of cerebral palsy are rooted in birth injuries, congenital factors, or injury and illness within the first two to three years of life. Children with cerebral palsy may exhibit stiffness and rigidity in movement, abnormal muscle tone, cognitive impairment, problems with speech and seizures.

Complications during the birth can cause brain damage in the infant and give rise to CP and its host of symptoms. With proper and timely care these injuries are usually preventable. Problems include:

Difficult labor: The trauma of a prolonged birth and oxygen deprivation for the fetus increases risk. The failure to perform a timely C-section when the fetus is under stress can lead to brain damage as can the excessive use of vacuum extraction.

Maternal infections: If the mother has a strep infection, for example, and this reaches the baby’s brain during birth, brain damage and cerebral palsy are potential consequences.

Breech birth: When the baby emerges from the birth canal feet, knees, or buttocks first, the potential for brain damage increases.

Problems during pregnancy, many of which are treatable or preventable, can increase the risk for CP:

Infections: Rubella (German measles), cytomegalovirus (a herpes-type virus), and toxoplasmosis (an infection caused by a parasite that can be carried in cat feces or inadequately cooked meat) all have the potential of causing fetal brain damage.

Uterine or birth canal infections: These conditions may cause inflammation of the placenta, which can damage the brain of the fetus and lead to CP.

Hormones: Use of estrogen or thyroid hormones during pregnancy have been linked to cerebral palsy.

Drugs and alcohol: Illegal drugs, alcohol and some prescription medications, such as methotrexate, are suspected in fetal brain damage leading to CP.

Other factors: Bleeding in the uterus in the third trimester, large amounts of protein in the urine and high blood sugar levels also may contribute to babies with palsy.

Cerebral palsy also can result from brain damage after birth. Serious illness or injury leading to a lack of oxygen to the brain can cause CP in infants. Untreated jaundice in newborns is another possible cause of CP. Babies born to teen mothers or women older than 35 carry a higher risk of having CP.

Evidence of cerebral palsy may not emerge immediately after birth. Parents and caregivers may see the first signs of a problem when the child fails to meet development milestones for rolling over, crawling, or walking.

Most people with CP have spastic cerebral palsy, which can affect either the whole body or specific regions and cause muscle stiffness and an imbalanced posture. About 75 percent of people with CP develop some degree of mental impairment. More than half of this group has mild to severe mental retardation. The remainder can function normally but have some type of learning disability.

What is a Monitoring Device Driving Permit (MDDP) In Illinois?

Thanks to The Legal Defenders for sharing this important information with StopCollector.com readers.

The Illinois DUI law changed on January 1, 2009. Right from the beginning, let’s be clear that this new law does not change the statutory summary suspension hearings and procedures, nor does it change the DUI criminal law in Illinois. This law is considered to be one of the strictest DUI law in the United States.

First, this new law changes the period of statutory summary suspensions for DUI offenders. The period of statutory summary suspension for first time DUI offenders has been extended from three months to six months. The period of statutory summary suspension for second time DUI offenders has been extended from six months to 12 months. This period of suspension is in addition to any criminal penalties that may be imposed by the Court. Previously, first time DUI offenders had been eligible for a Judicial Driving Permit (JDP) allowing for limited driving during a period of suspension. Second, this new law has gotten rid of the JDP and replaced it with the Monitoring Device Driving Permit (MDDP). The Chicago criminal defense attorneys at Legal Defenders have determined what the conditions are for an MDDP to be issued:

* Possession of valid driving privileges except for the Summary Suspension
* Death or great bodily harm did not occur during the DUI leading to the suspension.
* No prior conviction for Reckless Homicide or Aggravated DUI that resulted in death.
* No previous Summary Suspension within the 5 years preceding the suspension from the current arrest.
* The driver is over 18 years of age.

A “first time offender” is essentially defined as someone who had had no DUI suspensions or findings of guilty in the past 5 years.

Once the driver appears in court, the judge must sign an order for the Illinois Secretary of State to issue the MDDP permit. This order will be issued unless the driver opts out of the program in writing. The judge cannot decide to issue such an order so long as the driver meets the criteria set forth above. The MDDP will not take effect until the 31st day after the suspension. So no matter what, any driver arrested for a DUI will not be allowed to drive for at least 30 days. A $30 Secretary of State monthly fee must be paid in advance for the Secretary of State to issue a permit. This monthly fee is solely for the Illinois Secretary of State and is in addition to the monthly fee paid for the device. For a 6-month suspension, this Secretary of State fee comes out to $150. For a 12 month suspension the Secretary of State fee will be $330. Once the MDDP is issued, the driver will only have 14 days to have a Breath Alcohol Interlock Ignition Device (BAIID) installed in their car. The MDDP holder will only be allowed to drive the vehicle equipped with the BAIID device. There is a onetime installation fee of $150 and a monthly fee of $115 for the device. The Chicago criminal defense attorneys at Legal Defenders have estimated the total costs to be as follows:

* For a six month suspension, $875.
* For a twelve month suspension, $1,745.00.

The BAIID device will require a test of the driver’s breath before the vehicle can be started and will require periodic tests while the car is running. If the driver fails a test while the vehicle is running, the vehicle will continue running but the horn will start blowing and lights will start flashing so as to alert police officers of the situation.

Unlike with the JDP, there are no restrictions on driving with an MDDP as to specific times and routes. When it comes to employment, drivers cannot operate commercial vehicles during the period of suspension. However, there is an exception for employer owned vehicles. The suspended driver will be allowed to drive an employer owned vehicle during the period of employment provided that the employer provide documentation to the Secretary of State. However, the vehicle and company cannot be owned by the driver.

Finally, a violation of the terms of the MDDP is now a Class 4 felony.