Birth injury cases often result in the largest verdicts and settlements in medical malpractice law. Understanding typical compensation helps families evaluate settlement offers and plan for their child's future.

Why Birth Injury Cases Have High Values

Several factors drive substantial compensation in birth injury cases:

  • Lifetime of care needs—injured children require decades of treatment
  • Young age—maximum life expectancy means longest damage period
  • Severity of injuries—permanent disabilities requiring extensive support
  • Emotional impact—profound effect on children and families
  • Clear negligence—many cases involve obvious standard of care violations

Typical Settlement Ranges by Injury Type

Cerebral Palsy

$5 million - $50+ million

Factors affecting value:

  • Severity (mild, moderate, severe)
  • Life expectancy
  • Care needs (independent vs. 24-hour care)
  • Strength of liability evidence

Hypoxic-Ischemic Encephalopathy (HIE)

$5 million - $40+ million

HIE causing significant brain damage typically results in multi-million dollar settlements, with severe cases at the higher end.

Brachial Plexus Injuries

$500,000 - $10+ million

  • Temporary injuries with full recovery: lower range
  • Permanent Erb's palsy: $1-5 million
  • Total plexus avulsion with permanent paralysis: higher values

Wrongful Death (Stillbirth/Neonatal Death)

$1 million - $10+ million

Values vary significantly based on jurisdiction and circumstances.

Components of Birth Injury Settlements

Economic Damages

  • Past medical expenses—NICU, hospitalizations, surgeries
  • Future medical expenses—lifetime treatment needs
  • Therapy costs—PT, OT, speech therapy for years
  • Special education—if needed
  • Attendant care—often the largest component
  • Equipment—wheelchairs, communication devices, home modifications
  • Lost earning capacity—child's diminished future earnings

Non-Economic Damages

  • Child's pain and suffering—ongoing challenges
  • Loss of enjoyment of life—activities child cannot pursue
  • Parents' emotional distress
  • Loss of parent-child relationship—if relationship fundamentally changed

Factors Affecting Settlement Value

Injury Severity

More severe injuries justify higher values:

  • Level of disability
  • Care requirements
  • Impact on daily functioning
  • Life expectancy effects

Liability Strength

  • Clear negligence supports higher values
  • Disputed liability may reduce settlements
  • Multiple defendants may increase available coverage

Available Insurance

  • Physician malpractice policy limits
  • Hospital coverage
  • Excess policies

Jurisdiction

  • Some states have damage caps
  • Jury verdict history varies by location
  • Some jurisdictions are more plaintiff-friendly

Settlement Structure Options

Lump Sum

Entire settlement paid at once. Family manages funds for child's lifetime needs.

Structured Settlement

Periodic payments over time:

  • Guaranteed income stream
  • Tax advantages
  • Protection from mismanagement
  • Can be tailored to expected needs

Special Needs Trust

Required in many cases to:

  • Preserve eligibility for government benefits
  • Provide professional fund management
  • Ensure money used for child's benefit

Court Approval Requirements

Settlements for minors require court approval:

  • Judge reviews settlement terms
  • Guardian ad litem may be appointed
  • Court ensures settlement is fair and adequate
  • Determines how funds will be managed

Notable Birth Injury Verdicts

Recent significant verdicts include:

  • Cerebral palsy from delayed C-section: $55 million
  • HIE from monitoring failures: $38 million
  • Brachial plexus injury from improper delivery: $8 million

While settlements are typically confidential, verdicts demonstrate the potential value of serious birth injury cases.

Conclusion

Birth injury settlements must provide for a child's lifetime needs. Cases involving serious injuries like cerebral palsy routinely settle for millions to tens of millions of dollars. Never accept a settlement without understanding whether it truly addresses your child's future medical, care, and support needs.