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Cerebral Palsy Birth Injury Lawsuit

A Pennsylvania jury awarded the largest birth injury verdict in state history. This successful cerebral palsy birth injury lawsuit has drawn attention to birth injuries and lifetime care costs.

Pennsylvania Cerebral Palsy Lawsuit

This case involves a baby born in early 2018. During delivery, the baby suffered a brain injury caused by a lack of oxygen. The lack of oxygen was the result of a delayed c-section delivery. This type of injury is called hypoxic-ischemic encephalopathy. Hypoxic-ischemic encephalopathy is one of the most common causes of cerebral palsy.

Medical Malpractice: Birth Injury
Erb’s Palsy Birth Injury

This lawsuit was filed in Pennsylvania in June of 2019, but the $182.7 million verdict was issued in 2023. The lawsuit found the health care team was negligent and delayed Caesarian delivery, which likely caused this baby’s injury.

cerebral palsy birth injury lawsuit

Lifetime Care Costs

The injury in this case will require specialized personal and medical care for the rest of this baby’s life. In an injury lawsuit, attorneys will hire an expert to estimate the cost of care for the lifetime of the patient.

One big point in this case was the lifetime care costs for the child. Because the child suffers spastic quadriplegic cerebral palsy and developmental delays, they will require care for the rest of their life.

Life expectancy for a baby with this kind of injury can vary greatly depending on the severity of the injury. Sadly, some babies die within hours or days while others can live into their 50s or 60s.

Attorneys for the hospital argued this child would likely not live past the teenage years and proposed $2.2 million for ‘lifetime’ care costs. However, the jury did not agree and awarded a total $101 million for lifetime care costs.

Case Continues After Verdict

This case has gone through trials and appeals but still continues. Despite a jury verdict for the injured baby, the hospital has vowed to continue to fight and will again appeal this decision. While this is sometimes part of the civil legal process, this causes further delays.

birth injury lawsuit attorney

The appeals judge in this recent decision had awarded an additional $24.9 million in late fees and interest for delays of payment to the plaintiff. Even after several losses, the hospital’s defense continues to try to transfer blame without accepting any responsibility.

Birth Injury Attorney

If your child was injured by medical staff during the birthing process, contact a birth injury attorney. Kane & Silverman is a trusted birth injury law firm serving families in Pennsylvania, New Jersey, and Maryland. We will help you understand and protect your rights. Contact us today for a free birth injury case evaluation.