Birth Injury Legal Information
Each year, hundreds of thousands of Americans are killed or injured by avoidable medical errors. Of those patients, very few actually file a claim or pursue a lawsuit. According to the Center for Justice and Democracy, experts agree that when legal cases are filed, they are for legitimate reasons and not so-called “frivolous” lawsuits.
If you or your child has been wrongfully injured by medical malpractice or negligence, seek the justice you deserve.
Lack of Communication Causes Injuries
Understandably, families of children who suffer from birth-related injuries like cerebral palsy are looking for answers. They want to know what went wrong and if their child’s condition could have been prevented.
CRICO Strategies, a leader in determining medical liability, has a mission of safeguarding medical staff and organizations. They conducted an analysis of more than 23,000 medical malpractice claims and suits filed from 2009 to 2013 in which patients suffered some degree of harm.
Their research revealed the following:
- Hospitals and doctors’ offices nationwide might have avoided nearly 2,000 patient deaths if medical staff and patients had better communication
- 37% of all high-severity injury cases involved a communication failure
- One-third of obstetrics-related malpractice cases involved communication errors
While you and your doctor may have discussed a considerable amount of information leading up to labor, most communication errors take place once labor has begun.
As you may have experienced, miscommunication among medical staff and a mother during labor is what most commonly leads to harmful outcomes.
Among birth-related cases, 56% resulted in a severe injury and 23% resulted in death of the mother or child.
Our Birth Injury Verdicts & Settlements
Cerebral palsy and other birth injuries can often be linked to medical negligence.
The Birth Injury Justice Center is partnered with an experienced birth injury and cerebral palsy law firm. Our partner firm has more than 40 years of experience representing families in birth injury cases resulting from medical negligence and improper care. We fight for the compensation you deserve to plan for your child’s future.
In most cases, a birth injury or palsy lawsuit is settled. A settlement means the case is resolved before it goes to trial. Settlements usually include a monetary payout.
Settlement payouts of various birth injury lawsuits have included:
- A $4.25 million settlement in the birth injury lawsuit of a 4-year-old girl in Long Beach, CA.
- A $4 million birth injury settlement to the family of 6-year-old boy in New Bedford, MA.
Cerebral Palsy Settlements
Treatment costs and medical bills can add up quickly when caring for a child with cerebral palsy. If you believe your child’s condition could have been prevented with proper medical care, you may be entitled to financial aid. Filing a lawsuit can help alleviate the stress of costly medical bills and allow you focus on your child.
Examples of settlements our cerebral palsy lawyers have won for their clients include:
- A $1 million settlement for a 6-year-old boy in California in 2018. He experienced seizures while in the hospital and yet was still released. He developed meningitis 11 days after birth and had developmental delays.
- A $5 million settlement awarded in 2018 to a 9-year-old girl in North Carolina diagnosed with cerebral palsy.
- A $250,000 settlement awarded in 2018 to 2-year-old girl from Florida, which is being used for treatments and medical bills.
- A $5 million settlement awarded in 2017 to 4-year-old girl living with cerebral palsy in Maryland.
- A $5.25 million payout in 2018 to a 7-year-old girl in California.
- A $6 million settlement awarded in 2017 to a 4-year-old boy in Colorado.
Erb’s Palsy Settlements
If your child has been diagnosed with Erb’s palsy and you believe it may be due to a medical error, you may be entitled to hold those accountable as we have done for other families.
Recent settlements our Erb’s palsy lawyers have won for their clients include:
- A settlement of $300,000 awarded to an 8-year-old girl from Ohio in 2017.
- A $395,000 settlement awarded to a 7-year old boy from New Jersey in 2018. The boy was over 10 pounds when he was born and had a difficult time during the delivery.
- A $437,500 settlement awarded in 2016 to an 11-year-old boy from Iowa.
- A $500,000 Erb’s palsy settlement awarded to a 9-year-old boy from Georgia in 2018.
- A $1.8 million settlement awarded to a 7-year-old girl from Texas in 2016.
- $950,000 awarded a 5-year-old girl in New Jersey.
Location Based Services
The Center for Disease Control and Prevention (CDC) has been studying cerebral palsy since the early 1980s. They have been tracking over time to determine if the condition’s prevalence is increasing, decreasing or remaining the same. They have done this through a comparison of children with cerebral palsy in specified areas throughout the country.
The CDC uses this information in the following ways:
- Look for causes, risk factors and symptoms of cerebral palsy
- Determine the effectiveness of prevention efforts
- Help families plan for treatments and services
- Help communities plan for the volume of services needed to be offered
- Direct policy and guidelines around medical practices
The CDC estimates that about 1 in every 323 children in the United States has been diagnosed with cerebral palsy. The most recent data published was from 2008 from the Autism and Developmental Disabilities Monitoring Network (ADDM) who received funding from the CDC to conduct the research.
The ADDM determined estimates per 1,000 based on the number of 8-year-old children with cerebral palsy living in Alabama, Georgia, Missouri and Wisconsin.