You Can Sue               31 January 2019


Chapter 5:        Cerebral Palsy Law Suit in 2004

           

   Brent Rooney (MSc, email: youcansue@gmail.com)

             Chapter 5 address: http://www.top-sue.org/chapter-5

    In Australia Kristy Jane Bruce (born POST TERM (after 42

weeks’ gestation) in 1989) sued her mother’s obstetrician, Dr.

Alan Kaye, for medical negligence that she claimed caused her

cerebral palsy (CP) condition, a very serious handicap.[1] CP

is manifested by improper balance, posture, and movement,

due to a brain injury that results in faulty muscle control (some

muscles are too tight and other muscles are too loose). A

successful plaintiff in a CP law suit in advanced countries can

win legal damage awards (or private settlements) well into the

millions of dollars.

 

    In 2004 New South Wales (Australia) judge Michael Grove

in a 100 point ruling found Dr. Kaye NOT GUILTY. In his

ruling judge Grove pointed an 'accusing finger' at a prior

induced abortion performed on Kristy Bruce's mother, Sharon

Chevelle. In point 91 of his 100 point ruling Supreme Court

judge Michael Grove wrote:

 

    “….As a matter of hindsight, considerable suspicion must be

    directed to the very recent termination which Ms. Chevelle

    underwent just prior to becoming pregnant with the plaintiff…”

That abortion of the pregnancy prior to the pregnancy carrying

Kristy Jane Bruce may well have weakened Sharon Chevelle's

uterine (womb) wall. When carrying Kristy Jane Bruce, Sharon

Chevelle's uterine wall ruptured, resulting in an emergency

situation. Chevelle’s uterine rupture was the likely cause of Kristy

Bruce's CP condition. In 2004 Kristy Bruce was confined to a

wheel chair & was mute. Judge Grove’s 100 point ruling IMPLIED

that Kristy Jane Bruce may well have sued the wrong doctor. The

final point (#100) of judge Michael Grove’s ruling:

“100 I conclude that there must be judgment for the defendant.”

[the defendant was obstetrician Dr. Alan Kaye]

Dr. Kay’s top lawyer (i.e. Senior Counsel (SC)) was D. Higgs

who was assisted by J. Lonergan.

 

CP risk due to mothers’ abortion history

    Kristy Jane Bruce’s CP condition was associated with her

POST TERM (after 42 weeks’ gestation) birth. Preterm birth

(under 37 weeks’ gestation) is a much more frequent cause of

a newborn baby’s CP condition than is CP due to post term

delivery. Chapter 6 at  http://www.top-sue.org/chapter-6

explores in-depth the overwhelming evidence that IA history

raises a woman’s risk of delivering a baby prematurely (preterm).

It has been an accepted medical fact for at least fifty-five (55)

years that ‘preemies’ (prematurely born infants) face raised

CP risk compared to babies born full-term (at least 37 weeks’

gestation). The more premature a newborn baby, the higher

her/his disability risk. For example, babies born very preterm

(under 32 weeks’ gestation) have 55 times the CP risk as do

full-term newborn babies, according to the 2008 Himpens et al.

‘study of studies’ (aka meta-analysis).[2, Himpens] Himpens

& colleagues reported that babies born extremely preterm

(under 28 weeks’ gestation) have 129 times the CP risk as do

full-term babies.

…..__________________________________________________________....

Chapter 5 address: http://www.top-sue.org/chapter-5

References

1 Bruce v Kaye [2004] NSWSC 277 (8 April 2004) [Last

updated 14 April 2004], New South Wales Supreme Court,

Citation: Bruce v Kaye [2004] NSWSC 277, File

Number(s): 20230/01

 

2 Himpens E, Van Den Broeck C, Oostra A, Claders P,

Vanhaesebrouck P. Prevalence, type, and distribution and severity

of cerebral palsy in relation to gestational age: a meta-analytic

review. Dev Med Child Neurol 2008;50:334-340. [ URL:

http://onlinelibrary.wiley.com/doi/10.1111/j.1469-8749.2008.02047.x/pdf ]