What Are Cerebral Palsy Lawsuit Settlements?
Cerebral palsy settlements are financial payouts to families who file a lawsuit against a negligent health care provider or hospital.
In a cerebral palsy lawsuit, the plaintiff (the party who files the lawsuit) believes that the defendant (the party being sued) is responsible for causing the brain damage that led to the child being diagnosed with CP. The plaintiff will usually claim that the defendant did not meet the accepted standard of medical care.
Sometimes, a hospital representative will offer money to the child’s family right away. This tactic is often used to get the family to accept a lowball settlement instead of filing a cerebral palsy lawsuit, which typically awards much more compensation.
In 2003, the Centers for Disease Control and Prevention (CDC) estimated the lifetime cost of CP care to be $1 million. In 2023 dollars, the cost skyrockets to an estimated $1.5 million.
In most cases — especially when medical malpractice is likely — lawyers for both parties attempt to negotiate a dollar amount to avoid the need for a trial. Cerebral palsy lawsuit settlements happen when these negotiations are successful.
If a settlement agreement cannot be reached, the lawsuit may go to civil court for a trial verdict by a judge or jury.
Because of the staggering expenses that come with providing lifelong CP care, many families are left with no choice but to pursue cerebral palsy compensation through a legal claim.
What Is the Average Settlement for Cerebral Palsy Lawsuits?
The average amount of a cerebral palsy lawsuit settlement is estimated at $1 million or more. Keep in mind that cerebral palsy settlements can vary widely depending on the facts of each case.
“The average settlement for a birth injury is between $420,500 and $510,000. Cases involving cerebral palsy and other permanently disabling conditions may increase into the millions.”
In situations where medical negligence was especially appalling, cerebral palsy lawsuit settlements can award millions of dollars. These outlier cerebral palsy compensation amounts increase national averages, even though more common amounts are closer to the $1 million range.
Additionally, some cerebral palsy lawsuit settlements are confidential and not released to the public, which makes it harder to calculate the true average.
Notable Cerebral Palsy Settlements
Families affected by birth injuries can get an idea of what they may be able to expect from cerebral palsy lawsuit settlements by reviewing the results of past cases.
- $16 million cerebral palsy settlement in Illinois
- $11.5 million cerebral palsy settlement in Virginia
- $9.95 million cerebral palsy settlement in California
- $9 million cerebral palsy settlement in Wisconsin
- $8.77 million cerebral palsy settlement in New York
The Birth Injury Justice Center partners with some of the best cerebral palsy lawyers in the country. Our national cerebral palsy partner law firm has more than 40 years of experience representing families impacted by preventable birth injuries.
Our legal partners have helped recover over $862 million in financial compensation for families across the country as of April 2023.
Contact us today to see if you are eligible to pursue a cerebral palsy lawsuit settlement.
A free case review is the first step in pursuing compensation for you and your family.
Pursuing Cerebral Palsy Settlements
You may be able to seek money through a cerebral palsy settlement on behalf of your child if their condition could have been prevented with proper medical care. If your child’s cerebral palsy was caused by a mistake made by a hospital, doctor, nurse, or another health care professional before, during, or after delivery, you may be able to file a cerebral palsy lawsuit.
Is Cerebral Palsy Always Malpractice?
According to the CDC, cerebral palsy is caused by damage to the developing brain or abnormal development of the brain. While CP is not always preventable, medical malpractice is one of the many known cerebral palsy causes.
Medical errors that may be considered cerebral palsy medical malpractice include:
- Excessively pulling on a child’s head, neck, shoulder, or arms as they pass through the birth canal
- Failing to detect or treat maternal infections and other maternal risk factors
- Failing to diagnose and treat preterm labor or prolonged delivery
- Failing to identify umbilical cord issues
- Failing to recognize fetal distress such as lack of oxygen that leads to hypoxic-ischemic encephalopathy (HIE)
- Failing to resuscitate a baby in enough time to prevent serious brain damage, one of the most common causes of CP
- Improperly using assistive delivery tools such as vacuum extractors and forceps
- Inadequately providing prenatal care before the baby is born
- Neglecting to perform an emergency cesarean section (C-section)
- Neglecting to treat high maternal blood pressure during pregnancy (preeclampsia)
Medical mistakes that lead to cerebral palsy can occur at any time before, after, or during the birthing process. It is very important to understand that medical professionals may try to downplay these errors or even cover them up.
However, an in-depth review of your child’s medical records by experienced medical malpractice lawyers can uncover the evidence you need to prove your cerebral palsy birth injury claim.
If your child was diagnosed with cerebral palsy and you believe it could have been prevented, talk with one of our registered nurses now. Reaching out to share your child’s story could lead to your family receiving cerebral palsy settlement money to help pay for high-quality care.
What Is the Cerebral Palsy Lawsuit Statute of Limitations?
The cerebral palsy statute of limitations is a deadline that limits the time families have to file a birth injury lawsuit. The statute of limitations varies depending on where you live, but in most states, you will generally have 2-3 years to take legal action.
If a child who has been injured at birth wishes to take legal action, the statute of limitations usually begins on their 18th birthday.
Understanding the statute of limitations for your case is crucial. If you don’t bring a lawsuit before the deadline passes, you may lose your right to take legal action.
Don’t delay: A skilled cerebral palsy lawyer can help you file a claim before time runs out. Call (800) 914-1562 now to see if you can get a free consultation with a cerebral palsy lawyer near you.
How Much Is My Cerebral Palsy Case Worth?
As part of the process of filing a lawsuit, calculations are made to determine how much money a child’s cerebral palsy diagnosis will cost the family over the course of the child’s lifetime.
The case value of a cerebral palsy lawsuit may include factors such as:
- Caregiver’s lost wages if they had to quit their full-time job
- Cost of adaptive equipment, mobility aids, and assistive devices
- Home nurses, long-term care, or assisted living facility expenses
- Home remodeling to make the child’s house accessible
- Loss of consortium (the negative impact on the family’s relationships)
- Loss of enjoyment of life, including a child’s ability to make friends or have hobbies
- Lost earning capacity caused by the CP diagnosis
- Medical expenses, including past and future treatment for surgery, medications, and ongoing medical care
- Occupational, physical, and speech therapy
- Pain and suffering due to the emotional distress of a lifelong disability
- Vehicle modifications needed to transport wheelchairs
An experienced cerebral palsy lawyer can help you determine what your child’s birth injury case might be worth.
A free case review is the first step in pursuing compensation for you and your family.
Get Help With Cerebral Palsy Lawsuit Settlements
If you believe your child’s cerebral palsy was caused by medical negligence, you may be eligible to pursue a cerebral palsy lawsuit settlement. Remember, you should not have to pay for your health care provider’s mistakes.
Working with a top cerebral palsy lawyer can help ensure your family gets the financial compensation you need to care for your child.
Contact the Birth Injury Justice Center today for 24/7 cerebral palsy guidance. You and your child deserve the best possible care and quality of life — and we may be able to help.
Cerebral Palsy Settlements FAQs
How much is a cerebral palsy lawsuit worth?
Cerebral palsy lawsuits may be worth millions of dollars. While there is no way to pinpoint how much your cerebral palsy case is worth, a successful cerebral palsy lawsuit often means a life-changing amount of money for families harmed by a medical professional’s negligence.
You can find out how much your cerebral palsy lawsuit may be worth by working with a top cerebral palsy attorney in your state. The best cerebral palsy lawyers have the skills and experience to help you get the most money for your case.
What are some notable cerebral palsy compensation payouts?
Notable cerebral palsy compensation payouts 2020 include:
- $7.2 million cerebral palsy settlement for delayed childbirth
- $5.9 million cerebral palsy settlement for brain damage
- $5.4 million cerebral palsy settlement for hospital malpractice
Is cerebral palsy the parents fault?
Parents are rarely at fault for their child’s condition. According to the CDC, the cause of CP is not always known. However, it is almost always due to abnormal development or damage to the child’s brain.
Sometimes the brain damage is congenital (present at birth), and other times it is caused by medical mistakes made by a health care provider.
Can cerebral palsy be caused by negligence?
Yes. Cerebral palsy can be caused by medical negligence in some cases.
Medical mistakes that lead to preventable cerebral palsy may include:
- Failure to diagnose and treat preterm labor or prolonged delivery
- Forcefully pulling on a baby’s head, neck, shoulder, or arms
- Inadequately responding to problematic fetal heart monitor changes
- Missing serious umbilical cord issues
- Not resuscitating a baby in enough time
Is cerebral palsy considered a permanent disability?
Yes. According to the U.S. Department of Health and Human Services, the brain damage that occurs in cerebral palsy cases cannot be reversed. This means that the child’s resulting disabilities are permanent.
Do people with cerebral palsy get disability checks?
Yes. Individuals with cerebral palsy — especially severe cases — often qualify for Social Security Disability Insurance (SSDI) benefits from the federal government.
However, the sad reality is that monthly disability checks may not provide enough money to properly care for individuals with cerebral palsy. Thankfully, additional financial support may be available through a cerebral palsy lawsuit.
How do I find a cerebral palsy lawyer near me?
The Birth Injury Justice Center works with some of the best cerebral palsy law firms across the country. If you would like to connect with a cerebral palsy lawyer, contact us now for a free legal case review. Our highly trained Patient Advocates and registered nurses are available to help you 24/7.