Spinal cord injuries in children present unique medical, developmental, and legal challenges. Pediatric SCI cases often involve the largest damage awards due to decades of future care needs and lost potential.
Pediatric Spinal Cord Injury Overview
Causes in Children
Children suffer spinal cord injuries from:
- Motor vehicle accidents—leading cause in all ages
- Sports injuries—particularly diving, football, gymnastics
- Falls—playground equipment, windows, heights
- Violence—abuse, gunshots (in adolescents)
- Birth injuries—obstetric trauma during delivery
- Medical malpractice—surgical errors, missed diagnoses
Unique Medical Considerations
Children's injuries differ from adults:
- Spinal cord injury without radiographic abnormality (SCIWORA)—more common in children due to spinal flexibility
- Growing skeleton—may develop scoliosis, hip dysplasia
- Longer lifetime—more years for complications to develop
- Developmental impact—affects physical, cognitive, social development
Unique Damages in Pediatric Cases
Lifetime Medical Costs
Children face the longest lifetime medical needs:
- 50-70+ years of medical care for young children
- More equipment replacements over lifetime
- Growth-related needs—equipment sizing changes
- Lifetime medical costs can exceed $10-20 million for severely injured children
Lost Earning Capacity
Calculating lost earnings for children presents challenges:
- No established work history
- Must project likely career based on aptitude, family background
- Long work-life expectancy magnifies any projection
- Education and development disruption affects potential
Economic experts use various methods—average earnings, family comparison, aptitude testing.
Educational Costs
Children may need:
- Special education services
- Educational aides and assistants
- Accessible school modifications
- Tutoring for missed school
- Transition and vocational planning
Attendant Care
Care needs evolve as children grow:
- Young children require more care regardless of injury
- Care needs may increase as child grows larger
- Transition to adult care systems
- Lifetime care costs often exceed adult cases due to longer duration
Statute of Limitations for Minors
Most states toll (pause) the statute of limitations for minors:
- Clock typically starts when child turns 18
- May have additional years after reaching majority
- Parents may need to file earlier for their own claims
- Some states have exceptions or shorter windows
However, filing promptly is still advisable—evidence is fresher and defendants' assets more accessible.
Legal Representation for Minors
Guardian ad Litem
Courts often appoint a guardian ad litem to protect the child's interests:
- Ensures settlement is fair to the child
- Reviews proposed settlements
- May investigate case independently
Court Approval of Settlements
Minor settlements require court approval:
- Judge reviews settlement terms
- Ensures adequate compensation for lifetime needs
- May require life care plan and expert testimony
- Determines how funds will be managed
Structured Settlements and Trusts
Settlement funds for minors are typically protected:
- Blocked accounts—funds held until adulthood
- Structured settlements—periodic payments over lifetime
- Special needs trusts—protect eligibility for government benefits
Birth Injury Cases
Causes of Obstetric SCI
- Excessive traction—pulling during delivery
- Improper instrument use—forceps or vacuum injuries
- Delayed cesarean section—prolonged trauma
- Breech delivery complications
Special Considerations
- May take time for injury to become apparent
- Discovery rule may extend statute of limitations
- Requires obstetric expert testimony
Developmental and Quality of Life Impact
Childhood SCI affects development across domains:
- Physical development—growth, motor skills
- Cognitive development—may be affected by associated injuries
- Social development—peer relationships, self-image
- Emotional development—adjustment, mental health
Quality of life impacts over decades justify substantial non-economic damages.
Conclusion
Pediatric spinal cord injuries impose catastrophic, lifelong consequences on children and families. The combination of long life expectancy, developing needs, and lost potential justifies the highest damage awards. Specialized legal representation experienced with pediatric catastrophic injury cases is essential to secure fair compensation.