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Birth Injury

Birth Injuries are devastating injuries that affect not only the infant but also the infant's family. Birth injuries can result in serious harm to the infant, including cerebral palsy and Erb's Palsy. In addition to the cost of treatment for any conditions that develop from a birth injury, the infant's family may have to pay for rehabilitation and specialized home care. The parents of an infant born with a birth injury may be able to file a birth injury claim for emotional and psychological distress.


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Birth Injury Information

Cerebral Palsy

Cerebral palsy is term for a group of conditions that can develop during pregnancy, child birth or the first few years of a child's life. It can also be caused by a birth injury—sometimes linked to medical malpractice. Cerebral palsy is characterized by paralysis, seizures, muscle spasm, plasticity, involuntary movements, scissor walking and/or toe walking, which are caused by trauma during the child's critical development stages. Patients with cerebral palsy may experience communication difficulties, learning disabilities, behavioral disorders and cognitive or vision impairments.

Children who go into distress during birth—for example by suffering a lack of oxygen—may develop cerebral palsy. Similarly, babies born with breech presentation may also be at risk of cerebral palsy.

If an infant goes into distress during birth and the medical staff does not take appropriate action, the doctor and/or the hospital may be held liable for any resulting harm.

Brachial Plexus Injuries

The brachial plexus is a group of nerves starting at the base of the neck and going through the shoulder to the arm and hand. During birth, the brachial plexus can suffer stretch, rupture or avulsion injury. According to, a stretch injury is the most likely to heal fully, often within a few months if there is no damage to the nerve tissue. A rupture injury may require surgery to repair the damage.

An avulsion injury is known only to be caused by extreme pulling on the brachial plexus. It results in the nerve root being torn out of the spinal cord and can cause reduced ability to move the affected leg.

Brachial Plexus injuries include Erb's Palsy and Klumpke's Palsy

Erb's Palsy

Erb's Palsy is paralysis of the arm that occurs when there is trauma to the upper group of the main nerves of the arm; specifically, the injuries occur in the fibers originating at the fifth, sixth or seventh cervical nerve roots.. Unlike cerebral palsy, which can be caused by a number of factors, Erb's Palsy is almost always caused by a birth injury.

Erb's Palsy often heals within six to 24 months; however, approximately 10 percent of patients with Erb's Palsy experience it for their entire lives. Patients with Erb's Palsy have limited or no use of the affected arm and may require surgery or physical therapy.

Klumpke's Palsy

Klumpke's Palsy is an injury that involves the damage to the eighth cervical root or the first thoracic nerve root. Such damage can drastically reduce the patient's movement of the wrist or hand.

Birth Injury Malpractice

Birth injury malpractice occurs when a health care provider's negligence during the birthing process causes injury to a newborn. This can include failure to recognize fetal distress, failure to recognize potential hazards, delay in ordering a cesarean section when it is medically necessary, improper use of forceps or failure to recognize umbilical cord entrapment.


Although not technically a birth injury, use of antidepressants, known as Selective Serotonin Reuptake Inhibitors (SSRIs) during pregnancy has been linked in studies to birth defects. Those birth defects include congenital heart defects. Some SSRIs have also been linked to withdrawal symptoms in infants and developmental delays.

Birth Injury Lawsuits

Families of babies who experience birth injuries may find they have high medical bills resulting from treatment, medication, surgery or rehabilitation for the injury. They may also have to pay for long-term care for the infant. Finally, they often experience a great deal of stress and psychological and emotional distress. If the birth injury was caused by medical malpractice, the family may be able to recover damages linked to the harm caused to the infant. This can include compensation for all medical bills and cost of care bills, plus emotional/psychological distress.

Birth Injury Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on


Reading Hospital Settles $32.5M Birth Injury Lawsuit
Reading Hospital Settles $32.5M Birth Injury Lawsuit
May 24, 2024
A birth injury lawsuit filed in 2022 in the Philadelphia Court of Common Pleas alleging medical malpractice has been settled for $32.5 million with Reading Hospital. The medical malpractice complaint involved several medical errors that a jury was set to hear before the settlement was reached last month. Tragically, the now 5-year-old boy suffers from permanent neurological injuries: He is nonverbal, cortically blind, has cerebral palsy and has to be tube-fed. And he will need around-the-clock care for the rest of his life. READ MORE

Experienced Birth Injury Attorneys Discuss Lawsuits and Settlements
Experienced Birth Injury Attorneys Discuss Lawsuits and Settlements
September 23, 2023
The day your child is born should be one of the happiest days of your life. Sadly, medical complications may arise during childbirth that put your baby’s health at risk. When a doctor or a medical professional or medical facility fails to handle the situation properly, your infant may suffer injuries or illnesses resulting in permanent disability. In the worst cases, mishandled childbirth complications may result in death. Experienced birth injury lawyers at Stalwart Law know that experiencing a birth injury is nothing short of devastating, and the last thing on your mind is likely how and where to seek legal help. Even though you are left emotionally distraught and often financially hurt, attorneys Sean O’Neill and Elizabeth “Beth” Teixeira know from years of experience that sooner is better than later to help you obtain financial damages from those responsible for your child’s birth injury. READ MORE

Birth Injury Lawsuit Nets $5.5 Million for Plaintiffs
Birth Injury Lawsuit Nets $5.5 Million for Plaintiffs
February 10, 2012
Just a few days shy of her 5th birthday, a Burlington girl and her parents were awarded $5.5 million by a Des Moines County court jury for birth injuries sustained when Nyasia Gerling was born on February 1, 2007. The little girl suffered a shoulder dystocia at birth and has limited use of her right arm. READ MORE


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