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Birth injury lawsuit settlements

Birth injury lawsuit settlements provide financial compensation to help cover medical expenses and lifelong costs associated with caring for a child with a disability. If your family is facing unexpected expenses and you believe your child's birth injury may have been caused by medical negligence, filing a birth injury lawsuit may be your best option. Find out if you qualify to pursue a birth injury settlement.

What are birth injury lawsuit settlements?

Birth injury lawsuit settlements are negotiated payouts meant to cover medical expenses, treatment, and other costs related to caring for a child with a birth injury caused by negligence.

Money from birth injury lawsuit settlements is usually paid as a lump sum without the family having to go to court.

Birth injury lawsuit settlements aim to ease the financial burden caused by caring for a child with special needs. The money is awarded to help ensure quality long-term care for the injured child. Many settlements result in multimillion-dollar payouts.

Cerebral Palsy Guide works with a network of top birth injury law firms across the country, helping families in all 50 states.

Together, our legal partners have recovered over $917 million for families, including from birth injury lawsuit settlements.

Working with an experienced birth injury law firm can increase your chances of receiving maximum compensation. The specialized lawyers at these firms know how to strengthen your case to secure the money your family deserves.

Get a free case review right now to find out if we may be able to help.

Birth injury lawsuit settlement amounts

Birth injury lawsuit settlements vary based on the specific circumstances of each case. However, when babies are seriously injured, payouts may provide life-changing amounts of money.

Birth injury lawsuit settlements and verdicts our legal partners have secured include:
  • Over $10.4 million for a child with cerebral palsy in Pennsylvania
  • $8 million for a New York child injured by a vacuum extractor
  • $7.8 million for a child in Florida with cerebral palsy from a birth injury
  • $6 million for a child with cerebral palsy in California
  • $5.1 million for a Texas child with birth asphyxia
  • $5 million for a Massachusetts child who suffered brain damage during delivery
  • $4.5 million for a child with Erb’s palsy in Illinois
  • $4.1 million for umbilical cord strangulation and fetal distress
  • Over $2 million for a child with a brachial plexus injury in North Carolina

It’s important to remember that birth injury lawsuit settlements can vary greatly. A skilled birth injury lawyer can help you better understand what your case may be worth and fight for the most money possible.

Call us right now at (855) 220-1101 or Click to Live Chat to see if we can connect you with a top birth injury lawyer near you.

Average birth injury lawsuit settlement amounts

On average, birth injury lawsuit settlements are estimated at $1 million. However, many birth injury cases result in multi-million dollar payouts, depending on various factors.

In 2024, Reading Hospital in Pennsylvania agreed to a $32.5 million birth injury settlement involving a boy who suffered hypoxic-ischemic encephalopathy (HIE).

Generally, birth injury lawsuit settlements range from hundreds of thousands to several million dollars, aiming to cover lifelong care and medical expenses.

Families considering legal action should consult with an experienced birth injury attorney. These skilled lawyers can provide a more accurate estimate based on the specifics of your case.

They will guide you through the legal process with as little added stress as possible so you can focus on caring for your child.

Meanwhile, your legal team will fight to secure the highest possible birth injury lawsuit settlement for your family.

Who is eligible to get birth injury settlements?

If your child suffered a birth injury due to a medical provider’s mistake, you may be able to seek a birth injury settlement.

When a health care professional’s actions cause harm to a patient, it may be considered medical negligence.

Examples of negligence that can result in birth injury lawsuit settlements include:
  • Administering incorrect medications or dosages during labor and delivery
  • Delaying or failing to perform a necessary cesarean section (C-section)
  • Failing to diagnose and treat maternal or infant infections
  • Ignoring umbilical cord complications
  • Mismanaging a complicated or prolonged labor
  • Misreading fetal monitoring data or ultrasound results
  • Misusing forceps or vacuum extraction delivery tools
  • Providing inadequate prenatal care and failing to identify high-risk pregnancies
  • Using excessive force when guiding an infant out of the birth canal

If you are not sure whether medical malpractice played a role in your child’s birth injury, we have registered nurses on staff who can help.

Our nurses have decades of combined experience with labor and delivery malpractice cases and can help determine if you qualify to pursue a birth injury lawsuit settlement.

There is no cost or obligation to connect with one of our labor and delivery nurses in confidence.

What factors affect the amount of birth injury lawsuit settlements?

Birth injury lawsuit settlements are influenced by many factors, including the type of birth injury involved.

The following factors play an important role in the amount of compensation awarded in birth injury lawsuit settlements.

Severity of the birth injury

Birth injuries can range from mild to severe, with more severe injuries typically involving permanent impairment or disability. The severity of a birth injury depends on what medical issue is involved.

Extent of medical expenses

Birth injury lawsuit settlements are determined by past and future medical treatments a child needs.

Compensation from birth injury lawsuit settlements aims to ease the financial burden of caring for a child with a disability. So the extent of medical expenses directly influences the settlement amount.

Higher birth injury lawsuit settlements are typically awarded when families have significant medical bills due to the birth injury.

Effects on quality of life

Depending on the extent of the birth injury, a child’s quality of life can be significantly impacted.

This may be especially true for birth injuries that result in limited or no mobility, or that cause severe neurological impairments.

Other damages

In addition to medical costs and expenses, families may also receive compensation for loss of income if a child’s condition prevents them from working in the future or limits the type of work they are able to perform.

This can also be true for a parent or caregiver if they can no longer work because their child needs full-time care.

Steps to seeking a birth injury lawsuit settlement

Birth injury lawsuit settlements typically involve several important steps. Learn more about the legal process below.

1. Get a free legal consultation

First, you’ll need to see if you have a case. The best and fastest way to do this is to get a free legal consultation from an experienced birth injury lawyer.

Cerebral Palsy Guide works with a network of top birth injury attorneys across the nation. Our legal partners can help families in all 50 states.

Find out if we can connect you with a skilled lawyer near you with a free legal case review.

2. Gather evidence

A doctor wearing a stethoscope makes notes on a clipboard filled with paperwork.

Your child's medical records are vital for your birth injury lawsuit. Your attorney will collect evidence, like medical bills, diagnostic test results, and physician or nurse notes, to build a strong case and prove medical malpractice.

Depending on the circumstances of your case, your attorney may consult with medical experts to help prove that negligence occurred.

These experts can provide an opinion stating that the health care professionals responsible for your child's birth injury failed to meet the level of care they are required to provide.

3. File a birth injury lawsuit

A birth injury lawsuit may be filed against one or more health care providers, including a doctor, nurse, or hospital. These parties become the defendants.

Your birth injury lawyer will file your lawsuit against the responsible health care providers. This step formally begins your claim to seek a birth injury settlement.

4. Negotiate a settlement

Most personal injury cases are settled out of court. Your lawyer will handle negotiations and fight for a birth injury settlement that covers your child’s lifelong medical costs and other damages.

5. Take the case to court if needed

Lastly, if both parties are unable to agree on a birth injury settlement amount, your lawyer will take your case to trial to continue fighting for your family.

When to pursue a birth injury lawsuit settlement

Consider taking legal action as soon as you suspect your child’s condition may have been caused by medical negligence.

It’s critical to act quickly because lawsuits are subject to strict deadlines called statutes of limitations. Each state has its own statute of limitations, so they vary across the country.

Once the statute of limitations runs out in your case, you’re forever prevented from taking legal action on behalf of your child.

As a result, it’s crucial to understand the deadline that applies to your case. An experienced birth injury attorney can tell you how much time you have and act quickly to ensure your lawsuit is filed before your deadline.

Get legal help for birth injury lawsuit settlements

If your child is living with a birth injury and the unexpected challenges it can bring, seeking justice through a birth injury settlement may be the best option for your family.

At Cerebral Palsy Guide, we understand the emotional and financial impact of birth injuries on families. Our compassionate team, along with our trusted legal partners, are dedicated to helping you navigate the legal process while providing emotional support.

We can help families in all 50 states. Our legal partners have recovered over $917 million in birth injury lawsuit settlements and verdicts.

Connect with us right now to find out if we can help you pursue the financial compensation your family needs and deserves.

To get started with a free consultation, call (855) 220-1101 or fill out our case review form.

Birth injury lawsuit settlements FAQs

What are birth injuries due to negligence?

Birth injuries due to negligence occur when health care providers fail to meet the appropriate standard of care during childbirth, harming the baby.

Some examples of medical negligence include:

  • Failing to perform an emergency C-section
  • Improper use of assisted delivery tools
  • Not detecting and managing signs of fetal distress

In these cases, families may be able to file a birth injury lawsuit and pursue settlement money to help pay for their child's long-term care.

What conditions could result in a birth injury settlement?

A birth injury settlement can result from harm or trauma occurring before, during, or shortly after childbirth.

Some examples of birth injuries are:

  • Brachial plexus nerve injuries like Erb’s palsy (involving paralysis of the arm)
  • Brain damage
  • Cerebral palsy (group of muscle and movement disorders)
  • Hypoxic-ischemic encephalopathy (brain damage caused by lack of blood flow and oxygen)
  • Kernicterus (brain damage caused by untreated jaundice)
  • Skull and scalp injuries

Birth injuries can have long-term effects on the child's health and development. In many cases, they also require lifelong medical care.

What birth injuries get the highest settlements?

Cases involving severe birth injuries that require lifelong care have the potential for higher settlements. For example, cases involving cerebral palsy often settle for more than $1 million.

An experienced birth injury lawyer can help you determine how much your case may be worth and fight for maximum compensation.

Get a free legal case review right now to find out if you qualify to work with our legal partners.

Who is responsible for paying a birth injury settlement?

Almost all health care providers have medical malpractice insurance. In most cases, the insurance company is responsible for paying settlement money.

How long will it take to get the money from a birth injury settlement?

Generally, once a birth injury case is settled, payouts occur within a few weeks or months.

However, the length of time can vary based on individual circumstances, such as which bank is being used or the payment terms agreed on between parties.

Your birth injury attorney can tell you how long it will take for you to receive funds.

Will working with a lawyer get me a higher birth injury settlement?

While working with a lawyer does not guarantee a higher birth injury settlement, it can increase your chances of getting the best possible outcome for your case.

An experienced birth injury attorney can provide valuable legal guidance, gather evidence, negotiate on your behalf, and navigate the complex legal process to maximize your potential settlement amount.

Cerebral Palsy Guide partners with an extensive network of birth injury lawyers who can help families in all 50 states.

Call us right now at (855) 220-1101 to see if we can connect you.

Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

Cerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness

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  2. Merck Manual Consumer Version. (2024, January). Birth injuries in newborns. Retrieved July 4, 2024, from https://www.merckmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns
  3. National Library of Medicine. (2022, August 29). Birth trauma. Retrieved July 4, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK539831/
  4. Sokolove Law. (2024, June 1). Birth injury lawsuit. Retrieved July 4, 2024, from https://www.sokolovelaw.com/birth-injuries/lawsuit/
  5. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved July 4, 2024, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687