If your child suffered from cerebral palsy due to birth-related medical malpractice or negligence, you may be entitled to recover compensation from a cerebral palsy lawsuit or settlement. Contact a cerebral palsy birth injury lawyer to request a free case review.
A team of birth injury lawyers and personal injury attorneys is investigating potential cerebral palsy lawsuit cases and settlement claims of families and parents whose children have suffered from cerebral palsy due to birth related medical malpractice or negligence.
Cerebral palsy is a group of disorders that affect an individual’s ability to move and maintain balance and posture that typically appears in early childhood. The word “cerebral” in cerebral palsy refers to the brain’s cerebrum (the part of the brain that regulates motor function) and the word “palsy” refers to the paralysis of voluntary body movements. Cerebral palsy is caused by abnormal brain development or brain damage in parts of the brain controlling movement, posture and balance.
Almost 800,000 people in the United States have cerebral palsy. Indeed, cerebral palsy is one of the most common birth injuries. Each year, almost 10,000 babies are born with the cerebral palsy. According to the National Institute of Health (NIH), a study by the Centers for Disease Control and Prevention shows that for every 1,000 babies born in the United States, an average of 3.3 will be diagnosed with cerebral palsy.
In many cases, cerebral palsy (CP disease) is preventable with proper care by medical professionals such as obstetricians (OB-GYNs), physicians, support staff, midwives, nurses, clinics and hospitals.
Cerebral Palsy Lawsuits and Settlements: Overview
- What Is Cerebral Palsy?
- What Causes Cerebral Palsy?
- Is Cerebral Palsy a Common Birth Injury?
- What Are Possible Signs or Complications of Cerebral Palsy?
- Who May Qualify For a Cerebral Palsy Lawsuit or Settlement?
- What Are Cerebral Palsy Birth-Related Medical Malpractice Claims?
- Who Could Be Held Liable For Causing My Child’s Cerebral Palsy?
- Can I Recover Compensation From a Cerebral Palsy Lawsuit Case?
- Is There A Deadline To File a Cerebral Palsy Lawsuit?
- Request A Free Case Review From A Cerebral Palsy Injury Lawyer
Cerebral Palsy Lawsuit Cases and Settlement Claims
Cerebral palsy lawsuit and settlement cases potentially being investigated include claims of families and parents of children who, due to possible medical malpractice or negligence, suffered serious birth injuries or complications, including the following types of cerebral palsy:
- Cerebral palsy
- Spastic cerebral palsy
- Dyskinetic cerebral palsy (athetoid)
- Ataxic cerebral palsy
- Mixed cerebral palsy
- Other cerebral palsy lawsuit cases
- Other birth injury lawsuit cases
If your child suffers from cerebral palsy due to medical malpractice or negligence, you may be eligible to recover significant monetary compensation from a cerebral palsy lawsuit or settlement case.
Types of Cerebral Palsy
There are four main types of cerebral palsy: spastic cerebral palsy, dyskinetic cerebral palsy, ataxic cerebral palsy and mixed cerebral palsy.
Spastic cerebral palsy is a type of cerebral palsy characterized by increased muscle tone (spasticity) that leads to muscles that are stiff and tight and can make movements appear stiff and jerky. It is the most common form of cerebral palsy (comprising about 70-80 percent of all cerebral palsy cases).
Dyskinetic cerebral palsy (athetoid cerebral palsy) is a type of cerebral palsy characterized by involuntary, uncontrolled, and fluctuating movements. It is the second most common form of cerebral palsy (comprising about 10-20 percent of all cerebral palsy cases).
Ataxic cerebral palsy is a type of cerebral palsy characterized by issues with balance, coordination, and depth perception. It is the least common type of cerebral palsy (comprising about 5-10 percent of all cerebral palsy cases).
Mixed cerebral palsy is a type of cerebral palsy that is characterized by the presentation of symptoms of more than one type of cerebral palsy. About 15% of all cerebral palsy cases are believed to be mixed.
Cerebral Palsy Birth-Related Medical Malpractice
Cerebral palsy medical malpractice claims arise when a healthcare provider’s negligence before, during, or shortly after birth causes a brain injury that leads to cerebral palsy. These claims often involve failures to monitor fetal distress, delayed or improper delivery techniques (such as failing to perform a timely C-section), mismanagement of umbilical cord complications, or improper use of forceps or vacuum extractors. In some cases, negligence during postnatal care—such as failure to treat jaundice, infections, or oxygen deprivation—may also be at fault.
Cerebral palsy related brain damage can occur before, during, or after birth and can be due to, among other things:
- Failure to Diagnose or Treat Maternal Infections: Certain maternal infections during pregnancy—such as cytomegalovirus, rubella, toxoplasmosis, and herpes—can cross the placenta and damage the developing brain. If a doctor fails to screen for or treat these infections promptly, the fetus may suffer irreversible neurological harm, increasing the risk of cerebral palsy. Medical providers have a duty to identify such risks during routine prenatal care and initiate appropriate interventions to prevent injury.
- Misdiagnosed, Untreated or Improperly Managed Conditions: Many cases of cerebral palsy can be traced back to medical conditions during pregnancy or delivery that were either misdiagnosed, left untreated, or improperly managed by healthcare providers. Conditions such as preeclampsia, gestational diabetes, thyroid disorders, fetal growth restriction, placental abnormalities, placenta previa, fetal macrosomia, uterine rupture, and infections like Group B strep or chorioamnionitis require careful monitoring and timely intervention to prevent harm to the baby. When doctors fail to recognize warning signs, delay treatment, or apply the wrong clinical approach, these underlying conditions can lead to reduced oxygen flow to the fetus, brain injury, and ultimately cerebral palsy and may constitute grounds for a malpractice claim.
- Failure to Identify Fetal Growth Restriction or Low Amniotic Fluid: Intrauterine growth restriction (IUGR) and low amniotic fluid levels (oligohydramnios) can signal that a baby is not developing properly or is under stress in the womb. When these warning signs go unnoticed or unaddressed, the fetus may experience prolonged oxygen deprivation, which can result in brain damage and ultimately cerebral palsy.
- Failure to Monitor Fetal Distress: One of the most common malpractice scenarios involves ignoring signs of fetal distress during labor—typically revealed through abnormal heart rate patterns on fetal monitors. If medical staff fail to recognize or respond to these indicators quickly, the baby may suffer hypoxic-ischemic encephalopathy (HIE), a leading cause of cerebral palsy.
- Delayed or Improper C-Section: When complications arise during labor—such as prolonged or stalled labor, breech positioning, placenta abruption or the baby being left in birth canal too long—a timely cesarean section can prevent oxygen loss to the baby. If medical providers delay too long or refuse to perform a necessary C-section, the child may suffer preventable brain injuries leading to cerebral palsy.
- Misuse of Delivery Tools (Forceps or Vacuum Extractor): Improper use of delivery tools like forceps or vacuum extractors can cause head trauma, brain bleeds, or skull fractures. These injuries can disrupt normal brain function and are a known cause of cerebral palsy. If these tools are used with excessive force or in inappropriate situations, the healthcare provider may be liable for negligent delivery practices.
- Excessive Force During Delivery: In some cases, a provider may apply undue traction or twisting during a difficult vaginal delivery, especially with shoulder dystocia. This force can cause trauma to the baby’s neck or spinal cord, potentially leading to brain damage and permanent motor disabilities associated with cerebral palsy.
- Failure to Address Umbilical Cord Complications: Umbilical cord complications such as a prolapsed cord or a nuchal cord (cord wrapped around the neck) can deprive the baby of oxygen within minutes. If medical staff fail to notice or act on these emergencies in a timely fashion, the resulting oxygen deprivation can cause permanent brain injury (such as periventricular leukomalacia) and cerebral palsy.
- Failure to Treat Jaundice (Kernicterus): Untreated severe jaundice in newborns can lead to kernicterus, a type of brain damage caused by high bilirubin levels. This condition is entirely preventable with proper monitoring and treatment, and its development due to medical inattention can support a malpractice claim if it results in cerebral palsy.
- Delayed Resuscitation or Oxygen Administration: If a baby experiences breathing difficulty immediately after birth (due to umbilical cord issues, meconium aspiration or other complications), immediate resuscitation is critical. Failure to administer oxygen or perform neonatal resuscitation properly can lead to prolonged hypoxia, causing brain damage that manifests as cerebral palsy.
- Failure to Detect or Treat Neonatal Seizures, Stroke, or Infections: Newborns are vulnerable to conditions like seizures, strokes, meningitis, and encephalitis—all of which can impair brain development. If medical professionals fail to recognize and treat these issues early, the resulting brain injury can lead to cerebral palsy. Failure to adhere to the standard of care in such cases may constitute malpractice.
- Malpractice Involving Labor-Inducing Drugs and Anesthesia Errors: Improper use of labor-inducing drugs or anesthesia during childbirth can result in serious complications that lead to cerebral palsy. Medications like Pitocin or Cytotec are commonly used to stimulate contractions, but if administered in excessive doses or without proper monitoring, they can cause overly strong or frequent contractions, reducing oxygen flow to the baby and leading to brain damage. Similarly, anesthesia errors—such as incorrect dosage of epidural or general anesthesia, delayed administration, or failure to monitor the mother’s blood pressure—can compromise oxygen delivery to the fetus. In both scenarios, if a healthcare provider fails to follow established safety protocols or does not respond appropriately to signs of fetal distress, their actions may constitute medical malpractice.
- Other Possible Cerebral Palsy Medical Malpractice Cases: Cerebral palsy can result from a wide range of medical errors beyond the commonly cited causes like delayed C-sections or mismanaged fetal distress.
To succeed in a cerebral palsy malpractice claim, the family must typically prove that the medical provider breached the standard of care, that this breach directly caused the brain injury, and that the injury led to lasting harm. These lawsuits seek to recover compensation for the immense financial, emotional, and physical toll placed on both the child and their family as a result of preventable medical error.
Cerebral Palsy Signs, Symptoms & Complications
Cerebral palsy symptoms, signs and complications (which can vary among individuals and over time) can include, among others:
- Lack of muscle coordination (ataxia)
- Stiff, tight or spastic muscles (spasticity)
- Abnormal muscle tone (too floppy or too stiff)
- Weakness in arms or legs
- Poor balance (ataxia)
- Abnormal posture
- Poor or jerky reflexes
- Walking on toes
- Walking in crouched position
- Walking with one foot or leg dragging
- Scissored Gait
- Walking with feet spread far apart
- Abnormal drooling
- Difficulty swallowing, sucking or speaking
- Tremors or shaking
- Sudden uncontrolled movements
- Seizures or epilespy
- Difficulty grasping objects
- Trouble bringing hands together
- Dysphagia (oral motor dysfunction)
- Autism
- ADHD
- Developmental disability
- Developmental delay
- Missing developmental milestones
- Motor function impairments or delays
- Difficulty sitting, crawling
- Intellectual or cognitive impairment
- Behavioral problems
- Speech and language disorders (dysarthria)
- Need for mobility aids
- Pain
- Vision impairment
- Slow eye movements
- Hearing problems
- Spinal curvature
- Small jawbone
- Small head
- Diabetes
- Depression
- Lower urinary tract symptoms
- Need for CPR at birth
- NICU admission at birth
- Death
- Other cerebral palsy complications
Cerebral palsy is a life-long disability (and when severe, it can be associated with a reduced life expectancy). Although treatment is available to alleviate a cerebral palsy infant’s symptoms and/or improve a child’s capabilities, there is no cure for cerebral palsy. While many individuals with cerebral palsy live long lives, severe cases (particularly those involving profound brain injury, respiratory complications, feeding difficulties, or associated medical conditions like epilepsy) can tragically lead to premature death.
Cerebral palsy is also a very expensive condition. The lifetime cost of cerebral palsy can approach and greatly exceed $1,000,000, with costs for doctor visits, prescription drugs, hospital stays, daily care, in-home care, personal care aides, physical therapy, occupational therapy, speech therapy, specialized transportation, surgery, special needs education, mobility aids (wheelchairs, walkers, scooters, etc.), automobile and home modifications, rehabilitation, lost wages, adaptive shoes or clothing and assistive devices, among others.
Recover Compensation in a Cerebral Palsy Lawsuit
Plaintiffs who bring cerebral palsy birth injury lawsuits may be able to recover money damages for injuries suffered, including compensation for:
- Medical Expenses (Past & Future): Children with cerebral palsy often require lifelong medical care due to complications stemming from the brain injury sustained at birth. These costs can include neonatal intensive care, surgeries, frequent doctor visits, medications, and ongoing specialist evaluations. Lawsuits can seek to recover both current and projected future expenses, ensuring that the child receives the best possible treatment without imposing a financial burden on the family.
- Rehabilitation Costs: Rehabilitation is a core component of cerebral palsy treatment. Physical, occupational, and speech therapies help improve mobility, independence, and communication. These therapies are typically long-term and costly. Compensation can cover both in-clinic and home-based services, providing consistent and critical support for developmental milestones.
- Home & Vehicle Modifications: Children with cerebral palsy often need their living environments adapted for accessibility. This may include installing wheelchair ramps, widening doorways, modifying bathrooms, or customizing vehicles for transportation. These one-time or recurring expenses can be recovered in a lawsuit to ensure the child has a safe, functional home suited to their needs.
- Long-Term Care: In severe cases, children may need in-home nursing or full-time caregivers to assist with daily activities. Long-term care costs can stretch into millions of dollars over a lifetime. A cerebral palsy settlement can include funds for personal care attendants, respite care for parents, and professional nursing support as the child ages.
- Lost Future Earnings: Depending on the severity of the cerebral palsy, the child may never be able to work or may face limited employment opportunities. Economic experts can calculate the future wages the child likely would have earned and include this loss in the damages claim. This ensures long-term financial security even if the child is unable to earn income independently.
- Special Education Costs: Many children with cerebral palsy require individualized educational plans (IEPs), special education teachers, aides, or even private schooling. These educational needs, which are directly related to the disability caused by medical negligence, can be included in the lawsuit to provide for a more supportive learning environment.
- Transportation Costs: Routine medical appointments, therapy sessions, and adaptive schooling often require frequent transportation. Families may need to purchase or modify vehicles to accommodate wheelchairs or mobility devices. Compensation can address these additional costs, including fuel, maintenance, and specialized medical transport services.
- Pain and Suffering: Cerebral palsy can cause ongoing muscle stiffness, spasticity, seizures, and painful medical procedures. These daily struggles warrant compensation for the physical pain endured by the child. Pain and suffering damages acknowledge the human cost of living with a disability caused by preventable negligence.
- Mental Anguish / Emotional Distress: Both the child and their family may experience significant emotional distress. The diagnosis itself, along with social isolation, limitations, and future uncertainty, can lead to anxiety and depression. Compensation for emotional suffering recognizes the psychological impact of a lifelong condition caused by medical error.
- Loss of Enjoyment of Life: Children with cerebral palsy may be unable to engage in activities typical of their age — such as running, playing sports, or participating fully in school and social settings. This loss of normal childhood experiences and future life enjoyment can be a basis for compensation, especially in more severe cases.
- Loss of Consortium: Parents may seek damages for the profound impact their child’s condition has on family relationships. This includes the loss of a typical parent-child bond, increased caregiving burdens, and emotional hardship.
- Other possible cerebral palsy damages: Other possible forms of compensation may be available in a cerebral palsy birth injury lawsuits depending on the facts of the case and the jurisdiction.
When a child with cerebral palsy passes away as a result of a birth injury or its complications, surviving family members may be able to pursue a wrongful death claim. In such cases, recoverable damages may include funeral and burial expenses, outstanding medical bills, pecuniary losses suffered by parents and other next of kin of the deceased child, loss of the child’s companionship and emotional support (loss of society), and the pain and suffering experienced by the family.
Time Is Limited To File A Cerebral Palsy Lawsuit. Connect With a Cerebral Palsy Birth Injury Lawyer.
Deadlines known as statutes of limitation and statutes of repose may limit the amount of time that parents, families and other claimants have to file a cerebral palsy lawsuit case to try to recover compensation for birth injuries such as cerebral palsy.
This means that if a cerebral palsy injury lawsuit claim is not filed before the applicable time limit or deadline, the claimant may be barred from ever taking legal action or pursuing litigation regarding the cerebral palsy injury claim. That is why it is important to connect with a cerebral palsy birth injury lawyer or attorney as soon as possible.
If your child has suffered from a birth related injury such as cerebral palsy, you and your child may be entitled to recover compensation from a cerebral palsy lawsuit or settlement. Contact a cerebral palsy birth injury lawyer to request a free case review.
*If your child is experiencing health issues or complications, we urge you to promptly consult with your doctor or physician for an evaluation.
**The listing of a company or product is not meant to state or imply that the company acted illegally or improperly or that the product is unsafe or defective; rather only that an investigation may be, is or was being conducted to determine whether legal rights have been violated.
***The use of any trademarks, tradenames or service marks is solely for product identification and/or informational purposes.
Fill out the form for a free attorney review.