Questions?What Is an Infant Brain Damage Settlement?
An infant brain damage settlement is a financial agreement between the family of a child affected by infant brain damage and the health care providers or hospital that should have kept the baby safe.
Brain damage in newborns is most commonly caused by a lack of oxygen during childbirth. Many of these injuries can be prevented with proper medical care.
Severe brain damage in infants can lead to permanent disabilities and the need for specialized care.
However, infant brain damage settlements can provide financial support to help manage these unexpected expenses. Settlements are typically negotiated out of court.
In 2024, a $32.5 million infant brain damage settlement was reached in Pennsylvania for overlooking a serious maternal infection and failing to provide cooling therapy to a newborn after delivery.
Working with an experienced infant brain damage lawyer can help increase your chances of getting maximum compensation.
The Birth Injury Justice Center works with top birth injury lawyers who can help families in all 50 states. Our legal partners have recovered over $917 million for families affected by preventable birth trauma, including newborn brain damage.
If you suspect your child’s condition could have been avoided, we may be able to help you pursue an infant brain damage settlement.
Get a free case review right now to see if you may qualify.
Recent Infant Brain Damage Settlements
Infant brain damage settlements vary widely depending on the severity of your child’s injury and the quality of medical care they received.
Cases of severe harm can result in multimillion-dollar infant brain injury settlements.
- $40 million for a delayed C-section in Illinois that caused severe brain damage
- $19.5 million in Pennsylvania for delayed childbirth leading to brain injury
- $16 million in Washington for brain damage caused by delayed treatment
- $10.4 million for the family of a child with cerebral palsy (CP) in Pennsylvania
- $6 million to the family of a child with cerebral palsy in California
- $5 million in Massachusetts for a child who suffered brain damage during delivery
- $2.2 million on behalf of a New York child for failure to diagnose, monitor, and treat
- $7.8 million for a child in Florida who developed CP from a birth injury
- $11 million for a West Virginia family for failure to detect fetal distress
If your child’s condition was caused by birth injury medical malpractice, you may be entitled to compensation, too. For many families, working with experienced birth injury attorneys helped them secure maximum payouts.
The best way to determine the value of your potential infant brain damage settlement is to get a free consultation from an experienced legal professional.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you.
Infant Brain Damage and Medical Malpractice
When health care professionals don’t provide proper care, it may be considered medical malpractice.
The causes of infant brain damage are sometimes unavoidable, but in many cases, the condition is due to medical mistakes or improperly managed issues during high-risk pregnancies.
- Applying too much force or misusing vacuum extractors or forceps
- Delaying delivery when there are risks to the baby’s brain
- Failing to address signs of umbilical cord problems
- Ignoring issues with the placenta, like separation from the uterus
- Mishandling complications during delivery, such as shoulder dystocia
- Mismanaging the mother’s health conditions, like high blood pressure
- Neglecting to perform a cesarean section (C-section) when needed
- Withholding cooling therapy from a newborn to reduce brain damage
Compensation from a birth injury lawsuit can help families cover medical costs and provide the best care for their child.
If you believe your baby’s brain damage could have been prevented, an experienced personal injury attorney may be able to fight for the compensation and justice your family deserves.
Who Qualifies for Infant Brain Damage Settlements?
Families affected by a newborn brain injury may qualify to file a claim and seek an infant brain damage lawsuit settlement if medical negligence played a role in their child’s condition.
Individuals who may be eligible to seek infant brain damage settlements include:
- Parents: The child’s primary caregivers who have been directly affected
- Legal guardians: Individuals with legal responsibility for the child
It’s important to understand that newborn brain damage may not be diagnosed immediately, and symptoms may not appear until your child grows.
If you notice symptoms of newborn brain damage, like developmental delays, seizures, or motor impairments, consult a medical professional and consider seeking legal advice.
You don’t need an official diagnosis to pursue an infant brain damage settlement.
An experienced birth injury attorney can help determine your eligibility and guide you through the legal process with as little added stress as possible.
If you have questions about whether you qualify, connect with one of our experienced labor and delivery nurses right now. Your call is free, and there is no obligation to move forward.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
Talk to A Nurse Now
Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Steps to Pursuing Infant Brain Damage Settlements
Securing an infant brain damage settlement involves several key steps. Understanding the legal process can empower families as they navigate life after their baby was harmed.
- Free case review: Top birth injury law firms offer free initial consultations to determine if you may be eligible for lawsuit compensation. Get your free case review right now.
- Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
- File the lawsuit: Next, your attorney will file a birth injury lawsuit in the appropriate court, ensuring any legal deadlines are met.
- Negotiate a settlement: Your lawyer will work with the other side to reach a newborn brain damage settlement as quickly as possible.
If a settlement can’t be agreed upon, your legal team will continue fighting for your family at trial. Remember, most birth injury lawsuits settle out of court.
When you work with an experienced birth injury lawyer, you can focus on your child. Meanwhile, your legal team will fight for the infant brain damage settlement your family deserves.
Factors That Affect Infant Brain Damage Settlement Amounts
Several factors influence the amount of compensation families may receive from an infant brain damage settlement.
- Severity of harm and the long-term effects caused by your child’s brain damage
- Expenses for ongoing medical care, like medications, therapy, and surgery
- Extent of medical malpractice, including errors or negligence during childbirth
- Physical and emotional suffering endured by your child and family
- State where your baby was born, as compensation amounts and regulations differ
The Birth Injury Justice Center partners with experienced birth injury lawyers who can assess all related costs and fight for an infant brain damage settlement to pay for your child’s lifetime care.
Get a free case review to see how we may be able to help you secure the compensation your family deserves.
When to Pursue an Infant Brain Damage Settlement
You should consider pursuing an infant brain damage settlement as soon as you suspect your child’s condition might be due to a medical error.
Each state has its own set deadline for birth injury cases. Therefore, it’s essential to consult with an attorney who understands the laws in your area. An experienced birth injury lawyer can advise you on the best time to file your lawsuit.
Additionally, your newborn may be misdiagnosed or not diagnosed with brain damage immediately after birth. An experienced lawyer can protect your legal rights, even if you don’t have an official diagnosis yet.
Don’t wait to find out what legal options you may have — call a member of our team right now at (800) 914-1562.
Get Help Seeking an Infant Brain Damage Settlement
The Birth Injury Justice Center understands that your child’s well-being is your top priority. An infant brain damage settlement can provide the resources you need for your child’s lifelong care.
We’ve partnered with experienced infant brain damage lawyers who can help families in all 50 states. If you qualify, our legal partners will guide you through the process, ensure your rights are upheld, and fight for the compensation your family deserves.
Our network has secured more than $917 million for families affected by preventable birth injuries, and they may be able to help your family, too.
Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you provide a more secure future for your child.
Infant Brain Damage Settlement FAQs
What is brain injury compensation at birth?
Brain injury compensation at birth is money paid by negligent health care providers to resolve birth injury medical malpractice lawsuits.
Newborn brain injury compensation varies and depends on factors like the severity of damage, ongoing medical needs, and long-term effects. However, the average birth injury settlement is over $1 million.
Experienced newborn brain damage lawyers can evaluate the specifics of your case and tell you how much money you may be entitled to. These skilled attorneys fight for the maximum compensation allowed by law.
Is infant brain damage always malpractice?
No, brain damage in newborns is not always the result of malpractice. Newborn brain damage can occur due to various factors during childbirth, some of which are beyond medical control.
However, if medical errors — like improper monitoring or delayed intervention — contributed to your baby’s brain damage, it may be considered malpractice.
A legal expert can help you determine whether malpractice played a role in your child’s injury.
Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses about whether your child’s condition could have been prevented.
Can I sue for infant brain damage?
Yes, you may be able to sue for newborn brain damage if it was caused by medical negligence or errors during childbirth. If you believe your child’s care was inadequate or that proper procedures were not followed, you may have grounds for a lawsuit.
It’s important to consult with a legal expert to determine the best course of action.
Get a free case review right now to find out if we can connect you with an experienced infant brain damage lawyer near you.
Who pays out a birth injury brain damage settlement?
In most cases, infant brain damage settlements are paid out by the medical malpractice insurance carrier of the negligent health care provider or hospital.
How much does it cost to file a birth injury brain damage lawsuit?
Most birth injury lawyers work on a contingency fee basis and do not charge any upfront or hourly fees for their services. Your legal team only gets paid if they secure compensation for you.
