Birth Injury Lawsuit Settlements

What Is a Birth Injury Lawsuit Settlement?

A birth injury lawsuit settlement is money paid by negligent health care providers to the parents or guardians of a child who suffered a preventable injury before, during, or shortly after birth.

Birth injury lawsuit settlements help families afford the best possible care for their child and hold negligent medical professionals accountable. Taking legal action may also prevent other children from being harmed.

The birth injury law firms in the LawFirm.com network have recovered over $1 billion for families nationwide. They never charge any upfront costs or hourly fees.

Get a free case review to see if a top birth injury attorney may be able to pursue a settlement for your family.

Get the Help Your Child Deserves

Take the first step toward compensation and justice for a birth injury.

Get a Free Case Review

What Is the Average Birth Injury Settlement?

The average birth injury settlement is over $1 million, according to data from The Doctors Group, a medical malpractice insurer.

However, many families who’ve worked with the birth injury lawyers in our network have recovered much higher compensation, helping them cover medical costs, in-home care, and their child’s future needs.

Birth injury lawsuit settlements and verdicts secured by our legal partners include:

• $10.5 million for a child in Missouri diagnosed with cerebral palsy (CP)
• $8 million on behalf of a New York child with a vacuum extractor injury
• $7.8 million to a Florida family with a child who developed cerebral palsy
• $5.1 million on behalf of a Texas family with a child who suffered birth asphyxia
• $5 million for a child in Massachusetts with a brain injury
• $4.5 million to the family of a child with Erb’s palsy in Illinois
• Over $4 million for a child who experienced umbilical cord strangulation and fetal distress
• $10.4 million to a Pennsylvania child with CP from birth injury medical malpractice

Settlement amounts depend on factors like the type of your child’s birth injury, the long-term impact, and the expected cost of lifelong care. However, a birth injury lawyer will fight for maximum compensation.

Eligibility for a Birth Injury Settlement

Parents or guardians of a child who developed a birth injury due to a health care provider’s medical mistake before, during, or shortly after birth may be eligible for birth injury lawsuit settlements.

Even if you’re unsure whether your child’s injury was caused by medical malpractice, our team can review your case and explain your legal options — for free.

At LawFirm.com, we have registered nurses on staff who can help determine if a medical error may have played a role in your child’s condition. Fill out our form to get started.

“While parents may not know exactly what went wrong, they know something isn’t right. Investigating and talking with them to get to the root of the issue is so rewarding for me.”

– Beth Carter, Registered Nurse and LawFirm.com case manager

Steps to Pursue Birth Injury Settlements

If you believe you may be eligible for a birth injury settlement, it’s important to connect with an experienced attorney as soon as possible.

A birth injury lawyer can:

1. Review your case for free to determine if you may be able to pursue settlement money
2. Collect evidence, like medical records, witness statements, and expert testimony, to strengthen your birth injury claim
3. Estimate lifetime care costs to ensure your child’s needs are fully covered
4. File your medical malpractice lawsuit on time and demand the compensation your family deserves
5. Negotiate a birth injury lawsuit settlement on your behalf

With a skilled birth injury malpractice lawyer handling all aspects of the legal process, you can focus on your child’s care.

Each state has statutes of limitations, strict deadlines that limit how long you have to take legal action. Because these time limits vary by state, talking with a birth injury lawyer right away is the best way to protect your family’s right to compensation.

Why Birth Injury Lawsuit Settlements Are Preferred

After families file a birth injury lawsuit, their attorney will try to negotiate a settlement with the defendant. About 95% of birth injury lawsuits end in settlements, according to The Law Dictionary.

Settlements are often preferred over going to trial because they are faster, less risky, and more predictable. Families can access compensation sooner, while doctors and hospitals may agree to settle to avoid the expense and negative publicity of a jury trial.

Learn about the main differences between birth injury lawsuit settlements and verdicts in the chart below.

If a fair settlement isn’t reached, your attorney can take your case to court and fight for a favorable verdict on your behalf.

5 Factors That Affect Birth Injury Settlement Amounts

Every birth injury case is unique, and many different elements can influence how much compensation a family may receive from a birth injury settlement payout.

Common factors that impact settlement amounts include:

1. Birth injury severity: Children with severe birth injuries who need lifelong medical care often receive larger settlements.
2. Economic damages: These include past and future medical expenses, rehabilitation costs, and lost future income. Because the costs of care are so high, economic damages often make up a large portion of birth injury lawsuit settlements.
3. Level of medical malpractice: If a health care provider’s negligence was especially extreme or reckless, it may result in a higher settlement.
4. Number of defendants involved: Families may be able to pursue compensation from multiple parties, such as doctors, nurses, and the hospital where the delivery occurred.
5. Skill and experience of your attorney: A knowledgeable birth injury lawyer can gather strong evidence, work with medical experts, and accurately calculate the lifetime costs of your child’s care to pursue maximum compensation.

No matter the details of your case, an experienced attorney will fight for a settlement that provides the financial support your child deserves.

Types of Birth Injuries That Result in Settlements

Any birth injury caused by medical negligence may qualify for a lawsuit settlement. These cases help families secure the resources needed to care for their child and hold negligent providers accountable.

Common birth injuries that result in settlements include:

• Brain damage: Often caused by oxygen deprivation during labor or delivery, infant brain damage can lead to lifelong disabilities.
• Cerebral palsy: A group of motor disorders that affect muscle tone, coordination, balance, and movement.
• Erb’s palsy: A brachial plexus injury that damages the nerves in the shoulder, causing weakness, numbness, or paralysis in the arm.
• Hypoxic-ischemic encephalopathy (HIE): A serious brain injury caused by a lack of oxygen before or shortly after birth, often resulting in long-term complications.
• Necrotizing enterocolitis (NEC): This gastrointestinal disease is linked to cow’s milk formulas and primarily affects premature infants.
• Newborn cephalohematoma: A birth injury that occurs when blood collects under a baby’s scalp, usually due to pressure during delivery. Complications such as infection, anemia, or jaundice can cause lasting health problems.
• Untreated jaundice: If left unmanaged, jaundice can progress to kernicterus, a life-threatening condition that causes permanent brain damage.
• Vacuum extractor delivery complications: If misused during a vaginal birth, assisted delivery tools like forceps and vacuum extractors can cause serious injuries such as brain damage, Erb’s palsy, or skull fractures.
• Wrongful death: In the most tragic cases, medical negligence can result in the death of a newborn. While no amount of money can replace a child, wrongful death settlements can help families find financial stability and accountability.

This is not a complete list. Families may be able to pursue birth injury lawsuit settlements for many other conditions caused by medical negligence.

How Birth Injury Compensation Can Help

Birth injury lawsuit settlements provide families with financial support to cover both immediate and long-term costs related to their child’s condition. This compensation helps ease the financial burden caused by medical negligence.

Settlement money can help pay for:

• Adaptive equipment, like wheelchairs and communication devices
• Home modifications to make daily living easier
• Lost wages or future loss of earning capacity for parents and caregivers
• Medical bills and ongoing health care costs
• Occupational and physical therapy
• Pain and suffering experienced by the child and family
• Special education services and learning support
• Other related expenses that improve the child’s quality of life

Ultimately, compensation from labor and delivery malpractice settlements can help your family access the resources your child needs to live their best life — while giving you peace of mind and more time to focus on your loved ones.

Don’t wait — your family may be entitled to compensation. Get a free case review now to see if you may qualify for a birth injury lawsuit settlement.

Get the Help Your Child Deserves

Take the first step toward compensation and justice for a birth injury.

Get a Free Case Review

2025 Update: Birth Injury Compensation Amounts

Recent birth injury settlements in 2025 have shown just how high compensation can be when medical negligence causes life-altering harm.

Families across the country have secured multi-million-dollar awards against obstetricians, nurses, midwives, and hospitals whose mistakes led to devastating birth injuries.

Birth injury lawsuit settlements and verdicts reported in 2025 include:

• $951 million to a Utah family after negligent care delivered by nurses in training during a 2019 delivery while a doctor slept nearby caused permanent brain damage and lifelong disabilities
• $29 million for a Wisconsin family after a nurse midwife failed to act on signs of fetal distress, leaving a child with cerebral palsy and permanent neurological damage
• $18 million for a child who developed hypoxic-ischemic encephalopathy (HIE) and cerebral palsy after a C-section was delayed despite clear signs of fetal distress
• $5 million to a Connecticut child who suffered permanent brachial plexus nerve damage and complete loss of function in their arm after health care professionals failed to properly manage shoulder dystocia during delivery
• $6 million for a child in New York who developed cerebral palsy and impaired brain development after doctors failed to act on clear signs of fetal distress, including heavy meconium and abnormal heart patterns, by not performing a timely C-section
• $48.1 million to the family of a child who developed cerebral palsy after hospital staff allowed labor to continue for over 12 hours despite signs of fetal distress

These recent cases highlight how birth injury lawsuit settlements can provide families with life-changing financial support when medical negligence results in permanent harm.

While no amount of money can undo the trauma of a preventable birth injury, compensation can give a child the best chance at a brighter future.

Get Help Seeking Birth Injuries Compensation

If your child has suffered a preventable injury at birth, a birth injury settlement can make all the difference for their future and your family.

The trusted birth injury law firms in our network offer:

• Decades of experience holding negligent doctors and hospitals accountable
• Nationwide support, helping families in all 50 states
• No upfront costs or hourly fees to represent you
• Registered nurses on staff to review your child’s medical history

Call (888) 726-9160 right now or get a free case review to see if one of our legal partners may be able to seek birth injury lawsuit settlements for you.