Failure to Perform a Timely C-Section Birth Injury Lawsuit

The average settlement payout for a birth injury lawsuit involving a child with a brain injury from failure to perform a C-section is just over $1 million, but this figure is only a baseline where the average is brought down by cases that are not particularly viable. The reality is every birth injury malpractice case is unique and involves a complex set of circumstances that can influence the final settlement value. These circumstances include everything from the extent of medical negligence, the severity of the child’s condition, the long-term costs of care, to the jurisdiction where the lawsuit is filed. Consequently, while some cases may result in multimillion-dollar settlements or jury awards, others may settle for significantly less, depending on the specific facts of the case.

Too many factors that our birth injury lawyers can count contribute to the variation in settlement amounts. But three key factors tend to drive settlement value across most birth injury cases. The first is the severity of the child’s injury. Severe injuries, such as hypoxic-ischemic encephalopathy (HIE)—a condition resulting from oxygen deprivation during birth—can lead to lifelong disabilities, including cerebral palsy, developmental delays, or cognitive impairments.

In such cases, the cost of lifelong medical care, therapy, and special accommodations becomes staggering. When the injury leaves the child wheelchair-bound or completely dependent on others for daily activities, these cases often yield settlements or verdicts in the $5 million to $10 million range or higher. The rationale behind these higher awards is the need to account for the child’s future medical expenses, lost earning capacity, and non-economic damages such as pain and suffering.

The second factor is the clarity of medical negligence—how strong the claim is.  Failure to perform a C-section birth injury lawsuits involving obvious errors—such as failure to perform an emergency C-section, misinterpretation of fetal monitoring strips, or improper use of forceps or vacuum extraction—are harder for healthcare providers to defend and they can have a hard time finding an expert to stand by them in this case. In cases where liability is indisputable, hospitals and doctors are more inclined to settle quickly and for higher amounts, knowing that the risk of going to trial and losing is substantial. These clear-cut cases can prompt pre-trial settlements because defendants aim to avoid the reputational harm and higher payouts that often come with adverse jury verdicts.

However, not all birth injury cases present with such clear liability. Many involve complex medical scenarios where multiple factors may have contributed to the injury. In such situations, the defense may argue that the injury was an unavoidable complication or that the child’s condition was caused by a pre-existing issue or genetic abnormality. These factors can reduce the likelihood of a large settlement, as plaintiffs must rely heavily on expert testimony to establish causation and fault.

Additionally, non-economic damages, such as the emotional toll on the family, also play a role in determining settlement value. The suffering parents endure due to the sudden, life-altering challenges associated with raising a disabled child can influence both settlement negotiations and jury decisions. Courts and insurance companies may consider the quality of life the child could have had versus the limitations imposed by the injury when assigning a value to non-economic damages.

Jurisdictional differences also impact the outcome. Some states place caps on non-economic damages, which can limit the total amount a family can recover, particularly in other wrongful death lawsuits. In contrast, jurisdictions without damage caps, or those known for being more sympathetic to plaintiffs, tend to produce higher settlements and jury awards.

Ultimately, birth injury cases are among the most complex and emotionally charged forms of medical malpractice litigation. They require the expertise of specialized attorneys and medical experts who can effectively articulate the extent of damages and demonstrate liability. With the stakes so high for both families and healthcare providers, these cases often involve rigorous settlement negotiations. While some families may receive significant compensation to cover the extensive care their child requires, others may face lengthy trials to secure the compensation they deserve. Regardless of the process, the goal is always to ensure the child and their family are provided with the financial resources needed to support a life impacted by a preventable tragedy.

Verdicts and Settlements Involving Failure to Perform a C-Section

Summarized below are publicly reported settlements and jury verdicts from actual birth injury malpractice cases involving an allegation that the defendants were negligent in failing to perform a timely C-section. These do not tell you the settlement amount your child and family will receive in your case.  But it does give you a better idea of the range of settlement compensation and jury payouts we see in delayed C-section lawsuits alleging birth injuries.

• $120,000,000 Verdict (Michigan 2024): A pregnant woman arrived at a hospital in Detroit, experiencing symptoms that led her to seek medical attention. At 39.5 weeks into her pregnancy, concerns arose about the baby’s well-being, particularly issues with the baby’s oxygen levels due to umbilical cord compression. The attending obstetrician correctly decided that a C-section was necessary due to non-reassuring fetal heart tones, indicating the baby was in acute distress. However, there was a significant delay in performing the C-section; it was not until several hours later that the baby, a boy, was delivered.  The delay, as our birth injury lawyers have seen time and time again, had dire consequences. The baby was born asphyxiated, leading to severe and permanent brain damage. As a result, he was diagnosed with severe cerebral palsy, developmental delays, and a seizure disorder. These conditions left him non-verbal, wheelchair-bound, with limited vision, and fully dependent on his mother and grandmother for care. Due to financial constraints, the family has been unable to afford professional in-home care, dedicating their lives to his care and well-being. The family filed a cerebral palsy lawsuit against the hospital’s obstetrician and four nurses, alleging medical malpractice due to the negligent delay in performing the necessary C-section. After a four-week trial, a Wayne County jury awarded the mother and her son $120 million in compensation.
• $32,000,000 Settlement (Pennsylvania 2024): A woman, 39 weeks pregnant, urgently sought medical help after noticing her unborn child had been inactive for several hours. Despite fetal distress signals detected through monitoring, there was a ridiculous delay of more than 10 hours before a C-section was carried out, during which the baby’s heart rate notably decreased. The family filed a lawsuit alleging the child,  who is now nine years old, has severe brain damage resulting in quadriplegia, communication difficulties, and a lifelong need for a feeding tube. All of this could have been avoided if the doctors had acted quickly when the child was clearly in fetal distress.
• $450,000 Settlement (South Carolina 2023): Mother went to the hospital at 32 weeks pregnant with symptoms consistent with preeclampsia but was sent home after medical providers disregarded and failed to document her symptoms and failed to admit her to the hospital for further monitoring. She came back the next day and had an emergency C-section, but it was too late, and the baby died from a brain injury.
• $20,000,000 Settlement (Illinois 2022): The infant suffered brain damage during childbirth. The lawsuit alleged that the doctors and staff at the hospital were negligent because they should have done an emergency C-section when the fetal heart tracings warned that the baby was under stress. Instead, they continued the mother on Pitocin to speed up the vaginal delivery, which only made things worse.
• $2,700,000 Settlement (New Jersey 2022): A 28-year-old mother went to the hospital with signs of a potential uterine rupture. The lawsuit alleged that these symptoms should have warranted an immediate C-section, but that option was delayed for an extended period. As a result, the baby suffered carcinogenic shock, perinatal asphyxia, and metabolic acidosis. The family hired a delayed C-section attorney who brought a medical malpractice lawsuit for the child and the family. The case settled for $2.7 million, part of which went into a trust for the future care of the infant.
• $2,200,000 Settlement (New York 2022): A newborn male allegedly suffered hypoxic encephalopathy caused by perinatal asphyxia during childbirth at Rochester Medical Center (Highland Hospital). The lawsuit alleged that his injuries were caused by the defendants’ failure to order and perform a timely emergency C-section and failure to interpret and respond to signs of fetal distress properly.
• $97,402,549 Verdict (Iowa 2022): The baby suffered brain damage and developmental delays, leaving him severely disabled for life. The lawsuit alleged that the hospital nursing staff was negligent in failing to report signs of fetal stress on the monitoring strips to the attending doctor. Instead of advising the doctor of these signs, which would have prompted an emergency C-section, the nurses said nothing, and the doctor ended up doing severe damage to the baby’s skull while using forceps and a vacuum to deliver the baby.  The theme of C-section malpractice lawsuit was the same as we see in 90% of these cases: the doctor was allegedly negligent in not recognizing vaginal delivery should be abandoned in favor of an emergent C-section in light of non-reassuring signs the fetus was being deprived of oxygen.
• $995,000 Settlement (Pennsylvania 2021): A baby suffered hypoxic-ischemic encephalopathy with complications including metabolic acidosis, impaired brain function, and neonatal depression during his delivery and birth at defendant Albert Einstein Medical Center. The plaintiffs contended the defendants failed to abandon the pursuit of a vaginal delivery after a 74-hour stage one of labor with maternal tachycardia and severe preeclampsia and failed to perform a non-emergent C-section as their own documented plan dictated.
• $3,900,000 Settlement (Michigan 2021): Baby was born with a hypoxic brain injury resulting in permanent sensorineural hearing impairment, borderline speech delay, delayed gross motor milestones, and hypertonia of the trunk and all extremities and has been rendered permanently incapable of independent living. The lawsuit alleged that the defendants were negligent in failing to timely offer a C-section in the presence of non-reassuring fetal heart tones over vaginal delivery.

Contact Us About Birth Injury Malpractice

The medical malpractice lawyers at Miller & Zois handle birth injury cases nationwide. If you have a potential birth injury lawsuit, call us today at 800-553-8082 or get a free online consultation.