Cerebral palsy is one of the most serious birth injuries, often resulting from oxygen deprivation during labor and delivery. When medical negligence causes cerebral palsy, families may recover millions in compensation for their child's lifetime needs.

Understanding Cerebral Palsy

Cerebral palsy (CP) is a group of neurological disorders caused by brain damage, typically occurring before, during, or shortly after birth. It affects muscle control, movement, coordination, and posture.

Types of Cerebral Palsy

  • Spastic cerebral palsy—stiff muscles, affecting about 80% of cases
  • Dyskinetic cerebral palsy—uncontrolled movements
  • Ataxic cerebral palsy—balance and coordination problems
  • Mixed cerebral palsy—combination of types

Severity Ranges

CP ranges from mild to severe:

  • Mild—may walk independently with minor limitations
  • Moderate—requires assistive devices, some independence
  • Severe—requires wheelchair, extensive assistance with daily activities

How Birth Injuries Cause Cerebral Palsy

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is brain damage caused by oxygen deprivation. During labor, oxygen supply can be interrupted by:

  • Umbilical cord problems—prolapse, compression, knotting
  • Placental abruption
  • Uterine rupture
  • Prolonged labor
  • Failed resuscitation after birth

Brain cells begin dying within minutes without oxygen.

Trauma During Delivery

Physical trauma can also cause brain damage:

  • Improper use of forceps or vacuum
  • Excessive force during extraction
  • Head trauma during difficult delivery

Infections

Untreated infections can cause brain damage:

  • Maternal infections spreading to baby
  • Group B streptococcus
  • Chorioamnionitis
  • Meningitis after birth

Medical Negligence Leading to CP

Failure to Monitor Fetal Distress

Fetal heart rate monitoring reveals oxygen deprivation. Warning signs include:

  • Late decelerations—heart rate drops after contractions
  • Variable decelerations—sudden heart rate changes
  • Minimal variability—lack of normal heart rate fluctuation
  • Prolonged bradycardia—sustained slow heart rate

Failure to recognize or respond to these patterns is negligent.

Delayed Emergency Cesarean

When fetal distress indicates danger, C-section must be performed promptly. Negligent delays include:

  • Waiting too long to call for surgery
  • Physician unavailability
  • Hospital system failures
  • Attempting continued vaginal delivery despite distress

Improper Medication Management

  • Excessive Pitocin causing hyperstimulation
  • Failure to stop Pitocin when distress appears
  • Anesthesia errors

Proving Cerebral Palsy Was Caused by Negligence

Medical Evidence Required

  • Fetal monitoring strips—showing distress patterns
  • Timeline analysis—when distress began, when action was taken
  • Brain imaging—MRI showing injury pattern consistent with birth injury
  • Exclusion of other causes—genetic conditions, prenatal factors

Expert Testimony

CP cases require experts in:

  • Obstetrics—standard of care violations
  • Neonatology—newborn care failures
  • Pediatric neurology—causation and prognosis
  • Neuroradiology—interpreting brain imaging

Damages in Cerebral Palsy Cases

CP cases involve the largest birth injury verdicts because lifetime needs are extensive:

Lifetime Medical Costs

  • Physician care—multiple specialists ongoing
  • Therapy—physical, occupational, speech (often daily)
  • Medications—for spasticity, seizures, other conditions
  • Surgeries—orthopedic procedures, feeding tubes, etc.
  • Lifetime medical costs often exceed $1-5 million

Equipment and Modifications

  • Wheelchairs—multiple over lifetime
  • Communication devices
  • Home modifications
  • Accessible transportation

Attendant Care

Many children with CP require lifelong assistance:

  • Daily personal care
  • Supervision for safety
  • 24-hour care for severe cases—lifetime cost of $3-10+ million

Educational Needs

  • Special education services
  • Therapy in school
  • Aides and assistants
  • Assistive technology

Settlement and Verdict Values

Cerebral palsy verdicts routinely exceed $10-20 million. Factors affecting value:

  • Severity of CP
  • Life expectancy
  • Strength of liability evidence
  • Jurisdiction

Conclusion

Cerebral palsy caused by birth injury negligence devastates families. The law provides a path to compensation that can secure a child's lifetime care needs. If you believe medical errors during delivery caused your child's cerebral palsy, consult an experienced birth injury attorney promptly.