Cerebral Palsy Lawsuit Verdicts: An Overview
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Significant Verdicts in Medical Malpractice Cases
Some recent cerebral palsy lawsuit verdicts have resulted in significant damage award amounts and have the potential to impact medical malpractice cases going forward:
- An Iowa obstetrics and gynecology clinic stood accused of causing an infant’s severe brain injuries at birth. A jury found the clinic culpable and awarded the plaintiff $97 million in damages, which was later reduced to a $75 million judgment. The clinic is now suing their own insurance company, accusing them of refusing to negotiate a settlement and instead, forcing a very public trial. The physicians contend the insurance provider believed a large verdict would convince the Iowa legislature to pass damage cap tort reform, something they’d been lobbying to be enacted for many years.
- The largest birth injury medical malpractice verdict in the U.S. took place in Baltimore in 2023. A jury awarded $229 million in damages to a child who was born with permanent brain injury due to mismanagement of the mother’s labor and delivery. This amount reflects what the jury determined would be a lifetime of care the child will require. Medical malpractice damage caps in Maryland will reduce the award to $200 million, a still significant amount for the plaintiffs to pay.
Cases like these have the potential to influence other juries as they work to determine the very real, lasting impact of birth injuries on children and their caregivers.
Factors That Influence Cerebral Palsy Case Verdicts
There are multiple factors that come into play when juries determine cerebral palsy case verdicts and damage awards:
Evidence
Medical records for the mother and the child covering prenatal care, labor and delivery, and postnatal care are critical to establishing the standard of care provided. Additionally, they should clearly indicate when and how the injury occurred that led to a cerebral palsy diagnosis. The records should include information about fetal distress, oxygen deprivation, and other delivery complications.
Expert Testimony
Medical experts specializing in obstetrics, neonatology, pediatric neurology, and other relevant fields can testify to the expected standard of care and where and what breaches in these standards led to cerebral palsy. Life care planning experts help determine the types of care the child will need to receive throughout their life and associated cost projections of that care. This would include costs for medical treatment, therapy, education, assistive devices, and more.
Legal Strategies
A cerebral palsy attorney will argue that the physician’s negligence directly resulted in the child’s cerebral palsy. They will demonstrate a direct link between the provider’s actions or inactions and the birth injury. Attorneys are also mindful of factors such as statutes of limitations and damage award caps when building a case. Finally, a cerebral palsy attorney will often attempt to negotiate a pretrial settlement before moving forward to trial.
Jury Perception
An attorney will form their arguments before a jury to maximize emotional impact of the child’s injury which can significantly influence a jury’s verdict.
Quality of Legal Representation
Cerebral palsy lawsuits are complex, involving technical medical expertise. A personal injury attorney who specializes in cerebral palsy birth injury cases has the experience to effectively and successfully handle a cerebral palsy lawsuit, settlement negotiation, and trial.
Navigating the Complexities of a Cerebral Palsy Lawsuit
If your child was injured at birth due to medical negligence and you wish to pursue a cerebral palsy lawsuit, it’s important to consult with a cerebral palsy attorney who specializes in cases like yours. A cerebral palsy attorney will assess your case and determine:
- If there was medical negligence that directly resulted in cerebral palsy.
- Gather medical records relevant to prenatal care, labor, delivery and postnatal care to support the birth injury claim.
- Consult with medical experts to review records and testify as an expert witness at trial.
- File a medical malpractice lawsuit.
- Negotiate a pretrial settlement.
- Represent you at trial if settlement efforts fail.
The Cerebral Palsy Attorneys at Pintas & Mullins Can Help
The personal injury attorneys at Pintas & Mullins Law Firm have years of experience negotiating settlements and litigating cerebral palsy lawsuits at trial. We have worked with thousands of parents, fighting for justice and compensation on behalf of the family and their injured child. We offer a free assessment of your case and will consult with our wide network of legal and medical experts. Call or text 800-934-6555 or complete our Free Case Evaluation form online to move forward today.
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