Lawsuit Information CenterCerebral palsy can be a devastating birth injury. In some cases, it is the direct result of medical negligence during pregnancy, labor, delivery, or newborn care. This page will look at medical malpractice lawsuits against doctors and hospitals involving cerebral palsy.
Parents who find this page are usually not looking for a medical textbook. They are trying to understand what happened to their child. They remember the fetal monitor alarms, the nurses coming in and out, the delay before a C-section, the baby not crying, the NICU stay, the seizures, or the moment a doctor finally said the words “cerebral palsy.” They want to know whether this was unavoidable or whether someone missed the chance to prevent it. Most people want both answers and compensation.
The answer is not the same in every case. Not every child with cerebral palsy has a malpractice claim. Some children develop cerebral palsy because of prematurity, infection, stroke, abnormal brain development, genetic factors, placental disease, or other medical problems that no doctor’s impeccable care could have prevented. But many cerebral palsy cases involve injuries caused by preventable oxygen deprivation or traumatic injury around the time of birth. Those are the cases our birth injury lawyers investigate.
If doctors and nurses ignored fetal distress, waited too long to perform a C-section, mishandled Pitocin, failed to respond to a uterine rupture, missed a cord problem, used forceps or vacuum improperly, or failed to resuscitate the baby properly after birth, the child’s cerebral palsy may be linked to medical negligence.
If your child has cerebral palsy and you believe mistakes during pregnancy, labor, delivery, or newborn care may have played a role, call our birth injury lawyers at 800-553-8082 or get a free no-obligation online consultation. Families deserve answers. The medical records often tell a story that parents were never told.
About Cerebral Palsy
Cerebral palsy is a permanent muscle movement disability in which the brain is not able to exercise normal control over the movement of certain parts of the body. The CDC describes cerebral palsy as a group of disorders that affect a person’s ability to move and maintain balance and posture.
So cerebral palsy is not one single disease. It is a group of conditions with the common feature that the developing brain is damaged or not developing normally, affecting movement, muscle tone, posture, balance, and coordination.
CP is permanent and non-progressive. That means the underlying brain injury does not keep spreading like cancer or a degenerative neurologic disease. But we know that treatment can improve function and quality of life. A child with CP may need physical therapy, occupational therapy, speech therapy, braces, medications, orthopedic surgery, feeding therapy, seizure treatment, mobility equipment, communication devices, and daily assistance. For a mildly affected child, that support may be limited. For a severely affected child, it may last a lifetime, and the cost to care for that child for life often runs in the tens of millions of dollars.
This is why cerebral palsy gives rise to a large volume of birth injury malpractice lawsuits that can generate very large verdicts and settlements. When malpractice causes cerebral palsy, the injury is not just a diagnosis. It is a future of medical care, therapy, equipment, home support, and lost independence.
Types of Cerebral Palsy
Cerebral palsy does not look the same in every child. That is one of the hardest parts for parents. You may be looking at your baby and thinking, “Something is not right,” but the signs do not always fit neatly into one box. One child may have stiff legs. Another may have uncontrolled movements. Another may seem shaky, unsteady, or delayed in ways that are hard to explain.
Doctors usually divide cerebral palsy into three main types: spastic, dyskinetic, and ataxic. Some children have mixed cerebral palsy, which means they have features of more than one type. These labels matter because they help explain what part of movement is affected. But they do not tell the whole story. Your child is not a diagnosis. Your child is a child who may need answers, therapy, support, and, in some cases, a legal investigation into what happened before, during, or shortly after birth.
Spastic Cerebral Palsy
Spastic cerebral palsy is the most common type of CP. The CDC reports that about 80 percent of people with cerebral palsy have spastic CP. The main problem is muscle stiffness. The brain is sending distorted signals to the muscles, and the muscles do not relax the way they should.
Think of it like trying to open a door with a rusty hinge. The door can still move, but every movement takes more effort. That is often what spastic cerebral palsy is like for a child. The child wants to move, reach, crawl, stand, or walk, but the body fights back with tightness and resistance.
Spastic CP can affect the legs, one side of the body, or all four limbs. If the legs are most affected, you may notice the child’s legs crossing like scissors, toe walking, trouble standing flat-footed, or fatigue after short periods of walking. If one side is affected, one hand may stay fisted, one arm may lag behind, or one leg may drag slightly. Parents often notice this during ordinary moments: reaching for a toy, crawling across the floor, pulling up on furniture, or trying to take first steps.
The most severe form is often spastic quadriplegic cerebral palsy. This affects all four limbs, the trunk, and sometimes the face. Children with spastic quadriplegia may have seizures, feeding problems, intellectual disability, inability to walk, and the need for lifelong care. These are the cases where early therapy, medical planning, and a clear understanding of the cause of the injury matter most.
Dyskinetic Cerebral Palsy
Dyskinetic cerebral palsy is different. Instead of constant stiffness, the child has involuntary movements that can be hard to control. These movements may be slow and twisting, quick and jerky, or a mix of both. Muscle tone may shift from too tight to too loose.
For parents, dyskinetic CP can be especially frustrating because the child may seem to understand what they want to do, but the body will not cooperate. Your child may reach for a cup and knock it over. Try to speak and struggle to control the mouth and tongue. Try to sit upright, but keep slipping or twisting out of position. It can look like the body is interrupting the child’s intentions.
Children with dyskinetic CP may have trouble sitting, walking, feeding, swallowing, speaking, and controlling facial movements. This can make communication and nutrition difficult, even when the child understands far more than other people realize. That is an important point. A child who cannot speak clearly or control movements is not necessarily a child who does not understand.
Ataxic Cerebral Palsy
Ataxic cerebral palsy is the rarest type. It affects balance, coordination, and precise movement. Children with ataxic CP may seem wobbly, shaky, or unsteady. They may have trouble with depth perception, reaching for objects, handwriting, walking in a straight line, or making small, controlled movements.
This may show up in simple daily activities. Your child may miss when reaching for a snack, fall more often than other children, struggle with buttons or crayons, or look unsteady when walking across a room. Ataxic cerebral palsy can be mistaken for clumsiness early on, but over time, parents often see that it is more than that.
Mixed Cerebral Palsy
Some children do not fit neatly into one category. A child may have both spasticity and involuntary movements. Another child may have stiffness in the legs but poor coordination in the hands. This is called mixed cerebral palsy.
Mixed CP can make treatment more complicated because the child’s movement problems may change depending on the task, fatigue, stress, illness, or age. A child may move one way in a therapy session and another way at home when tired. That does not mean the symptoms are not real. It means the condition is complex.
Symptoms of Cerebral Palsy
Cerebral palsy is not always obvious in the delivery room. Some babies show signs right away. Others do not receive a diagnosis for weeks, months, or even years. That delay can be maddening for parents because you may know something is wrong long before anyone gives you a name for it.
Parents often notice the first clues during ordinary routines. You pick up your baby, and the body feels unusually stiff or unusually floppy. You try feeding and the baby struggles to suck or swallow. You notice one hand always stays closed. One side seems weaker. The baby does not roll over. The legs cross or stiffen. The head lags behind when you lift the baby. The child misses milestones that other babies seem to reach naturally.
Usually, it is not one dramatic sign. It is a pattern with pieces of a puzzle slowly turning over, and the small concerns begin to form a picture. One missed milestone may not mean much. But stiffness, feeding problems, delayed rolling, one-sided weakness, abnormal movements, and seizures paint a picture that makes parents reasonably concerned.
The signs of cerebral palsy are usually easier to see in toddlers and in babies older than one year. In younger babies, the symptoms may be subtle. A newborn may simply seem hard to feed, unusually floppy, unusually stiff, or slower to develop. As the child gets older, the delays often become harder to explain away.
Common early signs of cerebral palsy can include:
- Stiff muscles or unusually tight arms or legs
- Floppiness or poor head control
- Head lag when the baby is picked up
- Legs that stiffen, cross, or scissor
- Using one side of the body more than the other
- One hand staying fisted
- Difficulty bringing the hands together
- Reaching with only one hand
- Delayed rolling, sitting, crawling, or walking
- Lopsided crawling
- Feeding or swallowing problems
- Seizures or abnormal movements
The CDC identifies early signs in babies such as stiffness, floppiness, head lag, legs that stiffen or cross, difficulty bringing the hands together, reaching with only one hand, and lopsided crawling.
If you are worried that your baby may have cerebral palsy, talk to your pediatrician and be specific. Do not just say, “Something seems off.” Say what you are seeing. Say, “She always reaches with one hand,” or “His legs cross when I pick him up,” or “She is not rolling,” or “He feels stiff when I change his diaper.” Specific examples help doctors understand the pattern. But it is a process, and parents and even pediatricians often do not know whether they are overreacting or underreacting.
Early evaluation matters. It can help your child start therapy sooner. It can also create a medical record showing when symptoms first appeared and how they progressed. That record may become important later if there is a question about whether the cerebral palsy was connected to oxygen deprivation, trauma, infection, fetal distress, or mistakes made during labor and delivery.
What Causes Cerebral Palsy?
The underlying cause of cerebral palsy is damage to the developing brain of a baby during pregnancy, childbirth, or early childhood. The CDC explains that cerebral palsy is caused by abnormal brain development or damage to the developing brain that affects a child’s ability to control muscles.
We used to say that cerebral palsy is not an inherited genetic disease. That is true in the way most parents mean it. CP is not usually inherited like a simple genetic condition passed from parent to child. But modern medicine recognizes that some CP cases can involve genetic, developmental, infectious, vascular, or prenatal causes. So the more precise explanation is that cerebral palsy is caused by brain injury or abnormal brain development, and the cause is not always medical negligence.
People once assumed cerebral palsy was mainly caused by lack of oxygen during the birth process. The CDC now explains that scientists believe lack of oxygen during birth causes some but not all cerebral palsy cases
But for the families in that small number, the distinction is everything. If a baby suffers preventable oxygen deprivation during labor and delivery, and that injury causes HIE and cerebral palsy, that is exactly the kind of case that can support a malpractice lawsuit.
How Oxygen Deprivation Can Cause Cerebral Palsy
Cells in the brain require a constant supply of oxygen. Even a temporary interruption can cause permanent cellular damage that changes a child’s life forever. When hypoxic brain cell damage occurs during birth or pregnancy, the baby may be left with injury in the parts of the brain that control and coordinate voluntary muscle movement.
All voluntary body movements are triggered by electrical impulse signals transmitted from the brain to the muscles along neural pathways. With cerebral palsy, these electrical signals from the brain are scrambled or distorted because of damage to the child’s developing brain. The result may be disabling muscle rigidity, weakness, poor coordination, abnormal movements, or an inability to move the arms or legs normally.
In severe cases, the child may be unable to walk, unable to speak, unable to eat safely by mouth, and dependent on medical assistance for the rest of their life.
HIE and Cerebral Palsy
Hypoxic ischemic encephalopathy, often called HIE, is one of the most important pathways in cerebral palsy malpractice lawsuits. Hypoxic means not enough oxygen. Ischemic means not enough blood flow. Encephalopathy means brain dysfunction. HIE means the baby’s brain was injured because it did not receive enough oxygen and blood flow around the time of birth.
Not every child with HIE develops cerebral palsy. Not every child with cerebral palsy had HIE. But when a baby has nonreassuring fetal heart tracings, abnormal cord gases, low Apgar scores, seizures, cooling therapy, MRI evidence of hypoxic injury, and later cerebral palsy, birth injury lawyers look very closely at whether the injury was preventable.
The ACOG and AAP report on neonatal encephalopathy explains that cerebral palsy can have multiple causal pathways, and that determining whether an acute intrapartum hypoxic ischemic event contributed to neonatal encephalopathy requires a full review of the mother’s history, obstetric events, fetal monitoring, delivery issues, newborn course, and placental pathology. AAP endorsement of ACOG Neonatal Encephalopathy report.
How a Preventable Birth Injury Can Lead to Cerebral Palsy
Medical Negligence in Cerebral Palsy Cases
Not every case of cerebral palsy is the result of medical negligence. But medical negligence, mistakes, and mishandling of complications during labor and delivery can cause cerebral palsy in some children. Even a short loss of oxygen to the brain during childbirth can result in serious injury to a baby.
Cerebral palsy is probably one of the most devastating birth injuries. A child with severe CP may be disabled and limited for the rest of their life. That kind of loss reshapes everything: school, work, family life, independence, communication, movement, and daily care.
Doctors and hospitals do not rush to acknowledge that a mistake caused a birth injury. That is particularly true when the result is cerebral palsy. If your child was born with CP because of medical negligence, you have every right to seek compensation for the lifetime of hardship and care needs that you and your child will face.
The first step is not a lawsuit. The first step is getting the complete medical records and having them reviewed by qualified experts who can explain what happened.
Failure to Perform a C-Section
When complications arise during labor and delivery that put the baby at risk, performing a C-section instead of a vaginal delivery can avoid these risks and prevent birth injuries. The most common allegation in cerebral palsy birth injury cases is that the doctor failed to perform a C-section delivery when one was required.
The issue is usually timing. Hospitals often defend these cases by saying, “We did a C-section.” That does not answer the real question. A C-section that should have happened at 2:00 but does not happen until 4:00 can be the difference between a healthy child and a child with lifelong cerebral palsy.
If the fetal monitor shows persistent trouble, if the baby is not tolerating labor, if there is a placental abruption, if the uterus ruptures, if the cord prolapses, or if labor is not progressing while the baby is deteriorating, delay can be dangerous. The lawsuit asks whether a reasonably careful doctor would have moved faster.
Fetal Monitoring Negligence
Fetal monitoring devices are used to track the baby’s heart rate during labor and delivery. The monitoring devices provide warnings when the baby’s heart rate suddenly accelerates, drops, or loses reassuring variability. Doctors and nurses are supposed to watch those tracings and respond when they show that the baby is under stress.
If the fetal monitoring devices are properly monitored, they should give doctors early warning. The team may reposition the mother, stop or reduce contraction-stimulating medication, give fluids, call for help, or move to emergency C section to avoid oxygen loss and cerebral palsy.
ACOG’s 2025 fetal heart rate monitoring guideline provides an evidence-based framework for evaluating and managing intrapartum fetal heart rate patterns. ACOG fetal monitoring guideline.
For parents, the fetal monitor is often the closest thing to a black box in the delivery room. It can show whether the baby was tolerating labor, when the warning signs began, and how long the team had to respond before the injury occurred.
Pitocin and Cervidil Mismanagement
Pitocin and Cervidil are medications used to induce or strengthen labor. They can be appropriate. They can also be dangerous when contractions become too frequent or too strong.
A baby needs recovery time between contractions. When the uterus contracts too often, oxygen delivery can fall. If the team keeps pushing labor while the fetal tracing worsens, the baby can lose oxygen reserve. In some cases, excessive stimulation can contribute to fetal distress, uterine rupture, placental abruption, HIE, and later cerebral palsy.
Many cerebral palsy cases involving induction medication come down to one simple question: Why did the team keep going when the baby was showing signs of distress?
Forceps and Vacuum Negligence
When a baby is stuck in the birth canal, doctors sometimes use obstetric forceps or a vacuum extractor to facilitate delivery. Forceps are like a big pair of tongs with curved cups on the ends. The cups grip the baby’s head so the doctor can manually maneuver the baby through the birth canal.
Forceps and vacuum must be used carefully and skillfully. Too much force or pressure can injure the baby’s head. Trauma to the baby’s head from forceps or vacuum can sometimes lead to internal brain damage and cerebral palsy.
ACOG says operative vaginal birth remains an important part of labor management, but forceps and vacuum use require familiarity with proper use of the instruments and the risks involved. ACOG operative vaginal birth guidance.
A forceps or vacuum case is rarely just about the instrument. It is about whether the baby was too high, too large, poorly positioned, already in distress, or safer being delivered by C-section.
Failure to Respond to Cord Problems
A compressed umbilical cord, cord prolapse, or other cord problem can quickly reduce oxygen delivery to the baby. These emergencies often unfold in minutes. The fetal heart rate may drop suddenly and fail to recover.
A cord case usually asks whether the team recognized the emergency and moved with the urgency the situation required. A baby may be fine one minute and in serious danger the next. When the record shows a prolonged delay after a cord emergency, the causation question becomes much more serious.
Failure to Diagnose Placental Abruption
Placental abruption occurs when the placenta separates from the uterine wall before delivery. This can cut off oxygen and blood flow to the baby. Symptoms may include abdominal pain, bleeding, uterine tenderness, abnormal fetal heart rate, or maternal instability.
A missed placental abruption can lead to HIE, cerebral palsy, or death. The lawsuit usually asks whether the warning signs were present and whether the baby should have been delivered sooner.
Negligent Newborn Resuscitation
Some babies are born in distress and need immediate help. A baby who survives labor can still suffer brain injury if resuscitation is delayed or mishandled after birth.
The 2025 American Heart Association and American Academy of Pediatrics neonatal resuscitation guidelines state that effective ventilation of the lungs, shown by an increasing heart rate, is the priority for newborns who need resuscitation. AHA and AAP neonatal resuscitation guidelines.
Put plainly, the team needs to get air into the lungs and oxygen into the blood. If the baby is not breathing well, has a low heart rate, has poor tone, or is not improving, the team must escalate quickly.
Delay in Therapeutic Hypothermia
Therapeutic hypothermia, often called cooling therapy, is a treatment for some newborns with moderate to severe HIE. The goal is to reduce brain injury after oxygen deprivation.
AAP guidance states that therapeutic hypothermia initiated within 6 hours of birth and continued for 72 hours reduces the risk of death or moderate to severe neurodevelopmental impairment in neonates with moderate to severe HIE born at 36 weeks or later. AAP therapeutic hypothermia guidance.
Cooling therapy does not undo the original mistake. But after oxygen deprivation, prompt recognition and treatment can improve the odds. If a baby met criteria for cooling and the team failed to recognize HIE or failed to transfer the baby quickly enough, that delay may become part of the negligence claim.
Evidence in a Cerebral Palsy Birth Injury Lawsuit
A cerebral palsy malpractice case is not won by simply showing that the child has CP. The family must prove that negligent care probably caused or worsened the brain injury that led to CP.
That is why the records are so important. The fetal monitoring strips may show how the baby responded to contractions. Cord gases may show acidosis at birth. Apgar scores and resuscitation notes may show how depressed the baby was after delivery. MRI and EEG findings may show the type and timing of brain injury. Placental pathology may reveal infection, abruption, clotting, or chronic oxygen problems.
The ACOG and AAP neonatal encephalopathy report emphasizes that assessing whether an intrapartum hypoxic-ischemic event contributed to neonatal encephalopathy requires a comprehensive review of maternal history, obstetric events, fetal heart rate monitoring, delivery circumstances, newborn findings, and placental pathology. AAP and ACOG neonatal encephalopathy report.
Evidence in Cerebral Palsy Malpractice Cases
| Record | Why Lawyers and Experts Study It | What It Can Show |
|---|---|---|
| Fetal Monitoring Strips | They show the baby’s heart rate response to contractions and labor stress. | Fetal distress, timing of oxygen problems, and delay in delivery. |
| Cord Blood Gases | They help show whether the baby had acidosis at birth. | Oxygen deprivation, severity of compromise, and timing questions. |
| Apgar Scores | They show how the baby was doing immediately after birth. | Depression at birth, need for resuscitation, and early distress. |
| NICU Records | They document seizures, ventilation, cooling therapy, feeding problems, neurologic exams, and neonatal complications. | Severity of injury, newborn treatment course, and recognition of HIE. |
| Brain MRI and EEG | Imaging and seizure testing can show the type and timing of brain injury. | HIE pattern, stroke, seizure activity, bleeding, or other causes. |
| Placental Pathology | The placenta can reveal infection, abruption, clotting, inflammation, or chronic oxygen problems. | Alternative causes, supporting causes, and timing of fetal compromise. |
| Life Care Plan | It projects the care, therapy, equipment, and support the child will need. | Future medical costs, home care, therapy, equipment, lost earning capacity, and lifetime needs. |
How Lawyers Evaluate a Cerebral Palsy Malpractice Case
Parents often know something went wrong. They remember the monitor alarms, the nurse rushing in, the doctor not arriving, the long delay before C-section, the baby not crying, the NICU transfer, the seizures, or the cooling blanket.
But the legal case has to do more than describe a terrifying birth. It has to show what the medical team should have done, how the team failed, how that failure caused or worsened the brain injury, and what the child will need in the future.
The hardest fight is usually causation. The hospital may argue that the child’s cerebral palsy was caused by something before labor, such as prematurity, infection, placental disease, stroke, genetics, or abnormal brain development. Sometimes that defense is legitimate. Sometimes the records point in the other direction.
The only way to know is to have the complete chart reviewed by qualified experts. In a serious CP case, that may include obstetricians, maternal fetal medicine specialists, labor and delivery nurses, neonatologists, pediatric neurologists, neuroradiologists, placental pathologists, life care planners, and economists.
Why Cerebral Palsy Malpractice Cases Often Have the Largest Verdicts
Cerebral palsy medical malpractice lawsuits have some of the highest average settlement values of any type of personal injury case. The reason is not mystery or emotion. Severe cerebral palsy can leave a child disabled for life, and lifetime care is enormously expensive.
A child with severe spastic quadriplegic cerebral palsy may need decades of medical care, therapy, seizure management, orthopedic care, feeding support, braces, wheelchairs, communication devices, home modifications, transportation changes, attendant care, and eventually adult residential support. These are not luxuries. They are the cost of giving the child the safest and most functional life possible.
A cerebral palsy verdict is not a lottery ticket. It is money for care, mobility, communication, medical support, dignity, and survival. When a jury awards a large number, it is often because the evidence shows the child will need care every day for the rest of life.
Settlement Value of Cerebral Palsy Lawsuits
According to reported national verdict and settlement data reviewed by our lawyers, cerebral palsy malpractice cases can have very high values compared with most injury claims. Reported verdicts are often much higher than reported settlements because verdict databases tend to capture severe cases that go to trial, while many settlements remain confidential.
The original data we have used in evaluating these cases shows an average verdict in cerebral palsy cases of approximately $18,580,000 and a median verdict of approximately $6,944,500. Reported settlement data shows an average settlement value of approximately $4,080,300 and a median settlement value of approximately $2,130,000. Nearly 70 percent of all cerebral palsy cases are resolved by settlement.
Those numbers are useful only as a broad benchmark. They do not tell you what any one case is worth. Some cerebral palsy cases have no viable malpractice claim. Some settle for less than $1 million because causation is weak or damages are more limited. Some produce eight or nine-figure verdicts because the liability is strong and the child needs lifetime care.
The value of a CP case usually turns on the severity of the child’s disability, the strength of the fetal monitoring evidence, whether C section was delayed, whether the cord gases and MRI support an acute birth injury, the child’s future care needs, the credibility of the experts, the state where the case is filed, the damages cap if one applies, and the insurance or hospital resources available to pay a judgment or settlement.
Cerebral Palsy Verdicts and Settlements
Below are examples of cerebral palsy birth injury verdicts and settlements. These are not predictions. No lawyer can calculate the value of a cerebral palsy case from a short paragraph. But these cases show why cerebral palsy malpractice claims can have such high settlement and trial value.
$108,600,000 Verdict in Pennsylvania in 2026
A Philadelphia jury awarded $108.6 million in a birth injury case against Jefferson Health and Einstein Healthcare Network involving a child who allegedly suffered permanent brain injury from a 2018 delivery. The case involved intrapartum decision-making during an induced labor with maternal risk factors and suspected fetal macrosomia. The award reportedly included a very large allocation for projected future care costs. Jefferson disagreed with the verdict and indicated it would appeal.
This verdict shows the kind of damages evidence that can drive a major birth injury award: permanent neurologic injury, enormous future care needs, and a jury that believes earlier or better care would have changed the child’s life.
$207,600,000 Judgment Affirmed in Pennsylvania in 2025
A Pennsylvania appellate court affirmed a record malpractice judgment against the Hospital of the University of Pennsylvania in a catastrophic birth injury case. The original jury award was approximately $183 million, and the judgment later increased to more than $207 million with delay damages. The case involved severe brain damage, cerebral palsy, profound cognitive and physical impairment, inability to walk or speak, and feeding tube dependence. The appellate decision shows that very large birth injury verdicts can withstand review when the evidence of future care supports the amount.
$29,070,051 Verdict in Wisconsin in 2025
A Wisconsin jury awarded more than $29 million to a family whose child developed cerebral palsy after a certified nurse midwife allegedly failed to timely respond to fetal heart rate deterioration. The plaintiffs alleged the baby’s heart rate dropped from the 150s to the 60s, but the midwife failed to contact the on-call OB/GYN until it was too late. The child was later diagnosed with cerebral palsy and was expected to require lifelong supervised care.
This is the classic cerebral palsy malpractice fact pattern: abnormal fetal heart rate, delayed escalation, oxygen deprivation, and permanent neurologic injury.
$78,400,000 Verdict in Philadelphia County in 2023
The delivery team could not detect a fetal heartbeat and assumed that the baby was already dead, even though the mother insisted that she could feel the baby moving and kicking inside. It was eventually discovered that the baby was not dead, and the ultrasound equipment was outdated and malfunctioned. The child was born with quadriplegic cerebral palsy caused by prolonged oxygen loss during the delay in delivery.
$19,025,000 Verdict in Illinois in 2023
Labor was induced with Cervidil. The mother over-responded to the drug and suffered a uterine rupture during labor. As a result of the uterine rupture, the baby suffered a prolonged loss of oxygen and was diagnosed with spastic quadriplegic cerebral palsy. The lawsuit alleged that the defendants were negligent in administering Cervidil and failing to timely respond when things went wrong.
$13,000,000 Settlement in New Jersey in 2023
The mother was seven months pregnant and went to the hospital with severe abdominal pain. There were very clear signs of fetal distress and lack of oxygen, but the delivery team delayed. The baby was born with cerebral palsy from lack of oxygen. The lawsuit claimed that CP could have been avoided if the defendants had delivered the baby 16 minutes earlier.
$1,000,000 Settlement in Indiana in 2023
The mother went to a hospital with ruptured membranes and was removed from the monitor and instructed to walk in the hallway to hasten labor. During that time she suffered a prolapsed umbilical cord. The infant reportedly suffered permanent brain damage and spastic quadriplegic cerebral palsy. The family filed a lawsuit against the doctors and hospital.
$2,200,000 Settlement in New York in 2022
A baby suffered hypoxic brain damage during premature birth and was diagnosed with cerebral palsy. The infant plaintiff’s parents alleged that the defendant, through its staff, deviated from accepted medical standards of care by failing to properly treat the pregnancy as high risk in light of a diagnosis of trisomy 16 and failing to recognize dangers posed by possible intrauterine growth restriction.
$34,107,628 Verdict in Missouri in 2021
A newborn boy sustained hypoxia and suffered permanent brain damage. He developed cerebral palsy. His mother alleged negligence against the hospital, claiming its staff improperly administered Pitocin, misread fetal heart tracings, and failed to address fetal distress.
How Hospitals Defend Cerebral Palsy Cases
Hospitals and doctors fight cerebral palsy cases hard because the future care numbers can be enormous. The defense usually focuses on causation. The hospital may say the injury happened before labor began, that the fetal monitor did not show true distress, that the C-section was done soon enough, that the MRI does not show an acute birth injury, or that the cause was infection, inflammation, stroke, prematurity, genetics, or placental disease.
Some of those defenses are real in some cases. Others collapse when the full timeline is reviewed. The answer is usually found in the fetal monitoring strips, cord gases, Apgar scores, newborn course, imaging, placental pathology, and expert testimony.
What Parents Should Do If They Suspect Malpractice
If your child has cerebral palsy and you suspect something went wrong during labor or delivery, do not rely only on what the hospital told you. Hospitals often give families incomplete explanations. Sometimes they simply say, “These things happen.” Sometimes they blame an unavoidable complication. Sometimes they say very little.
The most important step is getting the complete records. That includes the prenatal records, labor and delivery notes, fetal monitoring strips, C-section records if there was one, cord blood gases, Apgar scores, NICU records, MRI reports, EEG reports, and placental pathology if it was performed. The fetal monitoring strips are especially important because the written note may summarize the tracing in a way that leaves out the real timeline.
Do not wait too long. Every state has deadlines. Some states have special rules for minors. Some claims by parents expire sooner than claims by the child. Records can be lost, nurses and doctors move, and memories fade.
Frequently Asked Questions About Cerebral Palsy Lawsuits
Is every case of cerebral palsy caused by malpractice?
No. As we have been saying, not every cerebral palsy case is caused by malpractice. CP can result from prematurity, infection, stroke, abnormal brain development, genetic factors, placental disease, or other causes. A malpractice case requires proof that negligent care caused or worsened the brain injury.
Can oxygen deprivation during birth cause cerebral palsy?
Yes. Oxygen deprivation during labor and delivery can cause HIE, which can lead to cerebral palsy in some children. The evidence has to support that timing and mechanism. Our cerebral palsy lawyers look closely at fetal monitoring, cord gases, Apgar scores, seizures, MRI findings, and the labor timeline.
What is the most important evidence in a CP malpractice lawsuit?
The fetal monitoring strip is often the most important evidence because it shows how the baby was responding to labor before birth.
Why are cerebral palsy verdicts so large?
The largest verdicts are driven by lifetime care costs. A child with severe CP may need medical care, therapy, equipment, home modifications, communication devices, mobility support, attendant care, and future residential care for decades.
How do lawyers prove that earlier delivery would have prevented CP?
Lawyers use obstetric experts, fetal monitoring experts, neonatologists, neurologists, neuroradiologists, and placental pathologists to build the timeline. They compare what happened with what should have happened and explain how earlier or better care would probably have changed the outcome.
How much is a cerebral palsy malpractice case worth?
There is no average case. Value depends on liability, causation, injury severity, future care needs, state law, damages caps, and insurance or hospital resources. Severe CP cases with strong liability and lifetime care needs can produce very large settlements or verdicts in the tens of millions of dollars.
Contact Us About a Cerebral Palsy Lawsuit
If you are concerned your child may have a birth injury, and you think a doctor could be responsible for the harm that was done, you need a top-rated cerebral palsy law firm to fight for your child and your family.
Call 800-553-8082 anywhere in the United States or get a free no-obligation Internet consultation.
Your child’s medical records may answer questions that the hospital never answered. The fetal monitor strips, cord gases, MRI, placental pathology, and NICU records can tell us whether this was an unavoidable tragedy or a preventable birth injury.