Birth injuries can be devastating. It’s something every parent prays will never happen to them, but if it does, it’s important to know if you have a case against the doctor and/or hospital that may have caused the injury.

Many babies suffer birth injuries simply because their heads experience so much pressure during delivery. The most common birth injuries end up being a swollen scalp, bleeding between the skull and scalp, face and head bruises, broken blood vessels in the eyes, and in some cases, facial paralysis. Most of these injuries are normal and go away on their own.

When a doctor has trouble delivering a baby’s shoulders (referred to as shoulder dystocia), a baby can end up with Erb’s Palsy (paralysis or weakening of the arm due to stretching of nerves centered around the shoulders), or a broken collarbone. Both of these conditions generally heal on their own, though if Erb's Palsy does not improve within a few months, surgery may be required to repair torn nerves.

The most serious birth injury is cerebral palsy, a condition which results in a loss of movement or other nerve function which does not improve over time. Occasionally, a newborn may accidentally inhale blood or fecal matter during birth and may suffer from complications due to a resulting respiratory infection.

What happens during a birth injury lawsuit depends on the laws of the state where your child was born.

In many states, the statute of limitations is longer when the lawsuit involves an injured child. For example, in Texas, an adult victim of malpractice has two years to file suit, while a child under twelve has until the age of fourteen. In California, the statute of limitations begins to run after the plaintiff (the injured person suing) learns of possible wrongdoing. So even if a birth injury is discovered when someone is 16 years old, they have until they are 18 to file a lawsuit, as long as there is a good faith reason as to why it was not discovered earlier.

Settlements / Verdicts

Settlements and verdicts for birth injuries can produce large damage amounts, although like any lawsuit, the experience of the attorney handling the case plays a significant part in the dollar amount. Here are some settlements / verdicts from public sources:

• $22.5M: An infant suffered from hypoxic event due to the improper placement of an incubation tube after delivery. The decrease in oxygen to the brain resulted in cerebral palsy with associated neuromotor impairment manifested in muscle tone abnormalities, seizure disorder, developmental delays of gross and fine motor skills, and delays in cognitive and language development.
• $15.8M: An infant was diagnosed with cerebral palsy after the attending doctor failed to perform a cesarean section and then allowed the delivering mother to be disconnected from the fetal monitor to go to the bathroom.
• $8.5M: Infant suffers permanent brain damage after removing pacer wires from the heart following surgery.
• $5.2M: Infant suffers severe brain damage from hypoxia during delivery.
• $10.5M: A child suffered severe brain damage as a result of medical malpractice which occurred during prenatal care. While the doctor noted the likelihood of pre-mature birth, yet no treatment was rendered to the mother prior to delivery.

How are damages calculated?

Money damages in a birth injury case—compared to other personal injury cases—are unique in the high dollar amounts and the expertise required in determining what the actual damages are. Lawyers usually have to hire a variety of experts, including economists and rehabilitation specialists, to come up with an amount. Additionally, in many states, parents are in a position to collect damages for either the value of their services in taking care of a disabled child, or what it will cost to have someone else do so.

For example, if you have three other children and can’t adequately take care of them because the disabled child requires around the clock attention, you can recover what it will cost to hire a nanny or what it will cost you in lost income to take care of the child. Parents may also be able to recover damages for emotional suffering.

If your child has suffered a birth injury, contact an attorney whose practice focuses in this area.