Birth Injury Settlements

Birth injuries can change a child’s life forever. When medical malpractice is to blame, a family may be able to file a lawsuit and secure compensation to help pay for their child’s care. Birth injury lawsuit settlements award over $1 million on average. See if we can help you pursue a birth injury settlement now.

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Why Take Legal Action?

By filing a birth injury lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

  • $10.4 million for a Pennsylvania child with cerebral palsy
  • $5 million for a Massachusetts child with brain damage
  • $4.5 million for a child in Illinois with Erb’s palsy Icon

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What Is a Birth Injury Lawsuit Settlement?

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

Woman at a legal consultation holding baby

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

Most families are able to access compensation from a birth injury settlement without ever stepping foot inside a courtroom.

Personal injury lawyers with experience in birth injury cases are best suited to help families seek a settlement. These legal professionals know how to build a strong case to prove medical malpractice and assess how much money a child will likely need for life-long care.

Quick Facts About Birth Injury Settlements

  • The average birth injury settlement is more than $1 million.
  • The birth injury law firms in the network have recovered over $905 million in settlements and trial verdicts for families nationwide.
  • About 95% of birth injury lawsuits end in settlements.
  • Birth injury settlement values tend to be high because of the severity of injuries and the potential amount of economic damages.

Recent birth injury lawsuit settlements have awarded families tens of millions of dollars.

Get a free case review to see if we may be able to connect you with an attorney who can fight for the money your family deserves.

What Is the Average Settlement for Birth Injury?

Birth injury settlement amounts tend to be higher than those awarded in many other personal injury cases since a child may require care throughout their life.

A 2019 study of 1,215 neonatal malpractice (birth injury) claims over 9 years found that the average payout was $936,843. This data, collected by a medical malpractice insurer called The Doctors Company, includes birth injury lawsuit settlements and birth injury trial verdicts. Today, that figure is over $1 million.

Average Birth Injury Settlement Amount in 2024

When adjusted for inflation, the average payout is nearly $1.4 million.
– The Doctors Company

The birth injury lawyers that works with have secured payouts for many families that exceed this average.

Birth injury lawsuit settlements and verdicts our partner law firms have secured include:

  • Over $10 million for a child in Pennsylvania diagnosed with cerebral palsy
  • $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 who suffered a brain injury during childbirth
  • $4.5 million to a child with Erb’s palsy in Illinois
  • Over $4 million to a child who experienced umbilical cord strangulation and fetal distress

The birth injury lawyers we partner with have recovered over $905 million for affected families across the country.

Contact us right now to see if your family may qualify for a birth injury settlement.

5 Factors That Affect Birth Injury Settlement Amounts

Many different aspects of a case can impact how much your family may receive from a birth injury lawsuit settlement.

These 5 factors often affect birth injury settlement amounts:

  1. Birth injury severity: Children with severe birth injuries who need life-long medical care often receive larger settlements.
  2. Economic damages: This includes the child’s past and future medical expenses and future lost income. Economic damages in birth injury cases are often substantial because of the high costs of care and the amount of future lost income that can be claimed.
  3. Level of medical malpractice: When the medical malpractice is especially egregious, the settlement amount may be higher.
  4. Number of defendants involved: In some cases, families may be entitled to settlement money from multiple defendants, including doctors, nurses, and the hospital where the delivery occurred.
  5. Skill and experience of your attorney: Birth injury lawyers are experts in this field and can investigate and gather evidence to build a strong case and accurately estimate the costs of care.

Regardless of the facts of your case, an experienced lawyer will fight hard for birth injury settlements that provide you with the financial compensation you deserve.

How Birth Injury Compensation Can Help

Birth injury lawsuit settlements award families with money to address past and future costs — both financial and emotional — related to their child’s birth injury.

Compensation from birth injury lawsuit settlements can help pay for:

  • Adaptive equipment
  • Home alterations/accommodations
  • Lost wages or loss of earning capacity
  • Medical bills
  • Pain and suffering
  • Physical therapy
  • Special education
  • Other related expenses

Labor and delivery malpractice settlements can help you pay for the medical treatment and care your child needs to live their best life and lessen the financial burden of an injury, so you can spend more time with your family.

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 uncertain whether or not your child’s injury was caused by medical malpractice, our team may still be able to help you take legal action.

At, we have registered nurses on staff who can help determine if a medical error may have caused your child’s condition.

Call (888) 726-9160 now to see if you may be eligible to pursue birth injury lawsuit settlements.

Types of Birth Injuries That Result in Settlements

Any birth injury caused by medical negligence could lead to birth injury lawsuit settlements.

Birth injuries that commonly prompt families to file lawsuits:

  • Brain damage: Infant brain damage, often caused by oxygen deprivation, can result in permanent disability.
  • Cerebral palsy: This group of motor disorders affects balance and movement.
  • Erb’s palsy: This brachial plexus injury (damage to the nerves in the shoulder) causes weakness or numbness in the arm and/or shoulder.
  • Hypoxic-ischemic encephalopathy (HIE): Caused by a lack of oxygen before or shortly after birth, HIE is a type of brain injury that can impact a child for the rest of their life.
  • Untreated jaundice: Jaundice, which is caused by a buildup of bilirubin in the blood, can lead to a life-threatening condition known as kernicterus if ignored.
  • Wrongful death: In some cases, a health care professional’s negligence can result in a baby’s death. Infant wrongful death settlements are never enough to compensate for the loss of a child, but they can help families move forward in life.

This is not a complete list. Parents may be able to pursue birth injury lawsuit settlements in many other cases.

Steps to Pursue Birth Injury Malpractice Settlements

If you think you’re eligible for a birth injury settlement, you should reach out to an attorney as soon as possible.

A birth injury lawyer can:

  1. Provide a free case review to determine your eligibility without any financial risk
  2. Consult with medical experts to see if malpractice may have occurred
  3. Gather evidence, like your child’s medical records and witness statements, to build a strong case
  4. Calculate how much money your child will need for lifetime care
  5. File your birth injury lawsuit before any deadlines and demand full compensation
  6. Negotiate a birth injury lawsuit settlement on your behalf

Every state has laws known as statutes of limitations, which specify how much time you have to file a birth injury claim for compensation.

Since these deadlines can vary, it’s crucial to consult a birth injury attorney as soon as possible, so you don’t miss your chance for justice.

Call (888) 726-9160 now to see if we can connect you.

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.

Did you know?

About 95% of birth injury lawsuits end in settlements, according to The Law Dictionary.

Families and attorneys typically prefer settlements over trial verdicts because they are less risky and allow families to access compensation faster. A doctor or hospital accused of medical malpractice may be eager to settle to avoid negative publicity from a jury trial.

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

Birth Injury Settlements
Birth Injury Verdicts
Provide families with quicker access to much-needed compensationCan take several years for a lawsuit to resolve and for a family to get compensation
Less risk as compensation comes from a predetermined agreementRiskier, as a judge or jury may side with the defendant and leave the family without compensation
Cannot be appealed after the defendant has agreed to pay you a certain amount of moneyCan be appealed in the future, which may extend the length of your case and put the money you were awarded in jeopardy

If a settlement isn’t reached, your attorney can fight for you and your child in court and work to secure a favorable verdict on your behalf.

2024 Update: Recent Birth Injury Lawsuit Settlements

Recent birth injury lawsuit settlements have awarded families tens of millions of dollars against negligent hospitals and physicians.

Birth injury lawsuit settlements reported in 2024 include:

  • $32.5 million for cerebral palsy: Reading Hospital in Pennsylvania settled with the family of a boy who developed spastic quadriplegia cerebral palsy related to a maternal infection. The doctors failed to treat the infection, respond to signs of fetal distress, or perform an emergency Cesarean section.
  • $32 million for brain damage: Hahnemann University Hospital in Philadelphia paid this amount to the family of a baby diagnosed with hypoxic-ischemic encephalopathy, a brain injury caused by a lack of oxygen. The doctors spent 10 hours trying to induce the birth instead of performing a C-section.
  • Over $4.5 million for brain injury: A newborn suffered brain damage, leading to cerebral palsy, due to a delayed delivery and lack of oxygen at birth. The medical professionals ignored signs of fetal distress and caused injury by misuse of a vacuum extractor.

See if we can connect you with a lawyer who can fight for birth injury settlements on your behalf during a free case review.

Get Help With a Birth Injury Lawsuit Settlement

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 birth injury law firms in our network all have:

  • A track record of successful settlements
  • The ability to help families in all 50 states
  • No upfront or out-of-pocket fees
  • Registered nurses on staff
  • Decades of experience

Together, they’ve secured over $905 million in birth injury lawsuit settlements and verdicts for families across the country.

Call us at (888) 726-9160 right now or fill out our contact form to see if they may be able to get your family compensation and justice.

Labor and Delivery Malpractice Settlements FAQs

How much compensation for a birth injury?

Many families who have worked with the lawyers in our network have secured multimillion-dollar birth injury lawsuit settlements and verdicts.

Our legal partners’ results include:

  • $6 million on behalf of a California child with cerebral palsy
  • Over $5 million to the family of a child with birth asphyxia in Texas
  • Over $2 million for a child in North Carolina with a brachial plexus injury

While birth injury compensation may vary by case, a birth injury lawyer will fight hard to get your family as much money as possible.

Get a free case review to take the first step toward the justice and compensation your family deserves.

How much is the average birth injury settlement?

The average birth injury settlement is about $1 million, according to The Doctors Company. Settlement amounts vary based on the severity of the child’s injury and other factors.

The attorneys in our network have secured much more for many families and can fight hard to get you everything you deserve.

Contact us at (888) 726-9160 right now for a free consultation to see if a top birth injury lawyer can fight for a settlement on your behalf.

What determines birth injury settlement amounts?

There are several factors that impact birth injury settlement amounts.

These include:

  • The severity of the child’s injury
  • The amount of care they are projected to need over their lifetime
  • The degree of medical malpractice involved

While each settlement is unique, an experienced lawyer will consider all of the factors involved in your medical malpractice case and fight for maximum compensation.

How long do I have to seek a birth injury lawsuit settlement?

In most states, parents have 2-3 years to seek birth injury lawsuit settlements. This filing deadline, known as a statute of limitation, starts to run on the date the child’s injury was discovered.

A birth injury lawyer can explain the statute of limitations in your state. They may even be able to start the legal process to protect your right to sue, even if your child doesn’t have an official diagnosis yet.

How much does it cost to get a birth injury settlement?

Top birth injury lawyers do not charge any upfront or hourly fees to pursue birth injury lawsuit settlements. Instead, they get paid by taking a percentage of any money they secure for you.

This fee arrangement provides all families with equal access to the justice system, regardless of their financial situation. Icon

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  1. Centers for Disease Control and Prevention. “Data and Statistics for Cerebral Palsy.” Retrieved May 8, 2024, from
  2. Law360. (April 17, 2024). “Pennsylvania Hospital Cuts $32.5M Birth Injury Deal Midtrial.” Retrieved May 8, 2024, from
  3. Sokolove Law. (2024, May 1). “Birth Injury Settlements.” Retrieved May 8, 2024, from
  4. The Doctors Company. “Study of Malpractice Claims Involving Children.” Retrieved May 8, 2024, from
  5. The Law Dictionary. “What Percentage of Lawsuits Settle Before Trial? What Are Some Statistics on Personal Injury Settlements?” Retrieved May 8, 2024, from
  6. The Philadelphia Inquirer. (2024, March 25). “Hahnemann University Hospital settles lawsuit over birth injury for $32 million.” Retrieved May 8, 2024, from
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See If We Can Help You

If you or someone you love has suffered an injury as a result of someone else’s negligence, please complete our form for a free case review. You may be eligible for compensation.

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Find out if you qualify now for free. Call (888) 726-9160

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