Kernicterus Lawsuit Settlements

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Kernicterus lawsuit settlements provide families with the financial support they need for their child’s medical expenses, ongoing care, and more. If medical errors during childbirth contributed to your child's condition, a settlement can be a pathway to a brighter future for your family. Find out if you may be eligible for a kernicterus settlement by getting a free case review right now.

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What Are Kernicterus Lawsuit Settlements?

An attorney writes on a clipboard at a desk with a gavel and stethoscope.Kernicterus lawsuit settlements are financial agreements between the family of a child affected by the condition and the health care providers that should have prevented it.

Newborn kernicterus is a serious condition that can occur from jaundice where there are high levels of bilirubin, a substance created when the body breaks down red blood cells.

If not treated promptly, kernicterus can lead to brain damage and lifelong conditions like cerebral palsy (CP). These conditions are often permanent disabilities that require specialized care.

Kernicterus lawsuit settlements can provide financial support to help manage these unexpected expenses. Settlements are typically negotiated out of court.

The Birth Injury Justice Center works with top birth injury lawyers who can help families in all 50 states. Our legal partners have recovered over $962 million for families affected by preventable birth trauma, including newborn kernicterus.

If you suspect your child’s condition could have been avoided, we may be able to help you pursue kernicterus lawsuit compensation.

Get a free case review right now to see if you may qualify.

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A free case review is the first step in pursuing compensation for you and your family.

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Recent Kernicterus Lawsuit Settlements

Kernicterus lawsuit compensation varies widely depending on the severity of the condition and other factors.

Cases of severe harm can result in multimillion-dollar kernicterus lawsuit settlements.

Recent kernicterus settlement payouts include:
  • $46.5 million in Arkansas for brain damage from negligence in treating jaundice
  • $10 million in California for a baby receiving the wrong discharge instructions
  • $5.85 million in Michigan on behalf of a premature baby for mismanaged conditions
  • $8.5 million in New York for untreated jaundice leading to cerebral palsy

If your child’s kernicterus was caused by birth injury medical malpractice, you may be entitled to compensation, too.

The best way to determine the potential value of kernicterus lawsuit settlements is to get a free consultation from an experienced legal professional.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to find out if we can connect you.

Kernicterus and Medical Malpractice

The cause of kernicterus is usually untreated jaundice, which is often considered medical malpractice.

Preventable newborn kernicterus might involve a medical professional:
  • Disregarding a family history of jaundice or conditions that could elevate bilirubin levels
  • Failing to provide timely treatment for newborn jaundice, including increased nutrition, phototherapy, or an exchange transfusion
  • Ignoring risk factors in newborns, such as prematurity or signs of birth-related bruising
  • Missing signs of jaundice, like yellowing of the skin and eyes, extreme tiredness, and poor feeding
  • Neglecting symptoms of brain damage, like low muscle tone, muscle spasms, a high-pitched cry, and unusual eye movements
  • Overlooking incompatible blood types between the mother and newborn which can lead to high bilirubin levels
  • Providing inadequate monitoring and follow-up care after early hospital discharge, especially in babies with signs of jaundice

Compensation from a kernicterus lawsuit can help families cover medical costs and provide the best possible care for their child.

If you believe your baby’s condition could have been prevented, an experienced kernicterus lawyer may be able to fight for the compensation your family deserves.

Who Qualifies for Kernicterus Lawsuit Settlements?

Families may qualify to file a lawsuit and seek kernicterus lawsuit settlements if medical negligence played a role in their child’s condition.

Individuals who may be eligible for kernicterus lawsuit compensation include:

  1. Parents: The child’s primary caregivers who have been directly affected
  2. Legal guardians: Individuals with legal responsibility for the child

If you notice late symptoms of kernicterus, like developmental delays, seizures, or motor impairments, consult a medical professional and consider seeking legal advice.

You don’t need an official diagnosis to pursue kernicterus lawsuit settlements.

An experienced birth injury attorney can help determine your eligibility and guide you through the legal process with as little added stress as possible.

If you have questions about whether you qualify, connect with one of our experienced labor and delivery nurses right now. Your call is free, and there is no obligation to move forward.

Nurse Beth Carter

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Steps to Pursuing Kernicterus Lawsuit Settlements

Securing kernicterus lawsuit compensation involves several key steps. Understanding the legal process can empower families as they navigate life after their baby was harmed.

These are typical steps to pursuing kernicterus lawsuit settlements:
  1. Free case review: Top birth injury law firms offer free initial consultations to determine if you may be eligible for lawsuit compensation. Get your free case review right now.
  2. Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
  3. File the lawsuit: Next, your attorney will file a birth injury lawsuit in the appropriate court, ensuring any legal deadlines are met.
  4. Negotiate a settlement: Your lawyer will work with the other side to reach a newborn kernicterus settlement as quickly as possible.

Your legal team will continue fighting for your family at trial if a settlement isn’t agreed upon. Remember, most birth injury lawsuits settle out of court.

When you work with an experienced birth injury lawyer, you can focus on your child. Meanwhile, your legal team will fight for the kernicterus lawsuit compensation your family deserves.

Factors That Affect Kernicterus Lawsuit Compensation

Several factors influence the amount of compensation families may receive from kernicterus lawsuit settlements.

These factors usually impact kernicterus lawsuit settlements:
  1. Severity of harm and the long-term effects caused by kernicterus
  2. Expenses for ongoing medical care, like medications or therapy
  3. Extent of medical malpractice, including errors or negligence
  4. Physical and emotional suffering the condition causes
  5. State where your baby was born, as compensation and regulations vary

The Birth Injury Justice Center partners with experienced birth injury lawyers who can assess all related costs and fight for kernicterus lawsuit compensation to pay for your child’s lifetime care.

Get a free case review to see how we may be able to help you secure the compensation needed for the best possible care.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When to Pursue Kernicterus Lawsuit Settlements

You should consider pursuing kernicterus lawsuit compensation as soon as you suspect your child’s condition might be due to a medical error.

It’s important to act quickly because there’s a strict deadline for filing lawsuits, known as the statute of limitations. Once this window passes, you won’t be able to take legal action.

Each state has its set deadline for birth injury cases. Therefore, it’s essential to consult with an attorney who understands the laws in your area. An experienced birth injury lawyer can ensure to file your lawsuit in time.

Additionally, your newborn may be misdiagnosed or not diagnosed with brain damage immediately after birth. An experienced lawyer can protect your legal rights, even if you don’t have an official diagnosis yet.

Don’t wait to find out what legal options you may have — call a member of our team right now at (800) 914-1562.

Get Help Seeking Kernicterus Lawsuit Settlements

The Birth Injury Justice Center understands that your child’s well-being is your top priority. Kernicterus lawsuit compensation can provide the resources you need for your child’s lifelong care.

We’ve partnered with experienced birth injury lawyers who can help families in all 50 states. If you qualify, our legal partners will guide you through the process, uphold your rights, and fight for maximum compensation.

Our network has secured more than $962 million for families affected by preventable birth injuries like kernicterus, and they may be able to help your family, too.

Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you provide a more secure future for your child.

Kernicterus Lawsuit Settlements FAQs

What is kernicterus lawsuit compensation?

Kernicterus lawsuit compensation is money paid by negligent health care providers to resolve birth injury medical malpractice lawsuits.

Kernicterus lawsuit settlements vary and depend on factors like the severity of the damage, ongoing medical needs, and long-term effects. However, the average birth injury settlement is over $1 million.

Experienced kernicterus lawyers can evaluate the specifics of your case and tell you how much money you may be entitled to. These skilled attorneys fight for the maximum compensation allowed by law.

Is kernicterus always malpractice?

Since kernicterus can be prevented by treating newborn jaundice, it’s often considered medical malpractice.

A legal expert can help you determine whether malpractice played a role in your child’s injury.

Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses about whether your child’s condition could have been prevented.

Can I sue for kernicterus?

Yes, you may be able to sue for newborn kernicterus if it was caused by medical negligence, like errors during childbirth or poor infant care.

If you believe your child’s care was inadequate or proper procedures to detect and treat jaundice were not followed, you may have grounds for a lawsuit.

Get a free case review right now to find out if we can connect you with an experienced kernicterus lawyer near you.

Who pays out kernicterus lawsuit settlements?

In most cases, kernicterus lawsuit compensation is paid out by the medical malpractice insurance carrier of the negligent health care provider or hospital.

How much does it cost to file a birth injury brain damage lawsuit?

Most birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees for their services. Your legal team only gets paid if they secure compensation for you.

Birth Injury Support Team
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.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Leye, M., & Jeshurun, M. (2022). Obstetric Trauma. In StatPearls. StatPearls Publishing. Retrieved August 29, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK539831/
  2. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved August 29, 2024, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687