What Is a Birth Injury Settlement?
Birth injury settlements are financial agreements between a hospital and a family whose child experienced a preventable birth injury. They’re also known as labor and delivery malpractice settlements.
You put your trust in medical providers to help safely deliver your baby. If medical malpractice or negligence contributed to your child’s injuries, a birth injury settlement can allow you to get accountability and pay for ongoing medical expenses.
Families can pursue birth injury lawsuit settlements for:
- Bone or skull fractures
- Brachial plexus injuries
- Brain damage or another serious brain injury
- Cerebral palsy
- Complications caused by a delayed cesarean section (C-section)
- Erb’s palsy and other brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Injuries caused by oxygen deprivation
- Injuries involving forceps or a vacuum extractor
- Untreated jaundice and kernicterus (severe jaundice)
- Wrongful death
Every family’s story is different, and so are birth injury settlements. The average value is $1 million, helping families afford therapy, treatment, and accommodations like mobility aids. However, you may qualify for more compensation if your child’s birth injury was severe.
The Her Case Matters team is ready to listen to your story and help you pursue child birth injury settlements, if eligible. Get your free case review today.
Who Qualifies for a Birth Injury Settlement?
Families may qualify for a birth injury settlement if their newborn’s injury or wrongful death was preventable.
You could qualify for a birth injury lawsuit settlement if:
- The birth injury was caused by medical malpractice or negligence
- Your baby was injured before, during, or shortly after birth
You don’t have to have all the answers to start working with a birth injury lawyer to pursue settlements. At Her Case Matters, we have registered nurses and birth injury lawyers who can review what happened and determine if you could be eligible for a settlement.
“When families call me after a complicated birth, I do not expect them to know whether something was malpractice. A child also does not need to have a formal diagnosis. Sometimes we start with the information parents have, review their concerns, and then wait to see how the child develops.”
– Andi Lowe, Registered Nurse Certified in Inpatient Obstetric Nursing (RNC-OB)
What Is the Average Birth Injury Settlement?
The average birth injury settlement is around $1 million, but can be much larger depending on the facts of the case. Child birth settlement lawyers collect evidence to strengthen each family’s claim before negotiating their settlements out of court, if possible.
The birth injury lawyers in our network have recovered $1.1 billion in birth injury settlements and verdicts to date.
When the hospital or medical team won’t settle, the lawsuit could go to trial. In that case, families may receive birth injury case verdicts. Those amounts depend on the jury’s decision, but can be higher than out-of-court settlements.
Notable Birth Injury Settlements & Verdicts
Birth injury settlement amounts differ between cases. While there are no guarantees, many other families have received millions of dollars through birth injury lawsuit settlements as well as in-court trial verdicts.
Noteworthy birth injury settlements and verdicts include:
- $183 million awarded to a Pennsylvania family after their newborn developed cerebral palsy after a delayed C-section
- $46.9 million for a Tennessee family whose newborn suffered permanent injuries after the medical team failed to act on signs of fetal distress
- $40 million to an Illinois family whose child experienced a permanent brain injury after a delayed C-section
- $10.2 million for a Wisconsin family whose baby was diagnosed with cerebral palsy after excessive Pitocin administration during labor
- $8.9 million awarded to a Minnesota mother whose newborn suffered from severe nerve damage during a shoulder dystocia delivery
- $18.2 million for a mother whose baby was diagnosed with Erb’s palsy after shoulder dystocia
- $30.5 million to a Georgia mother whose baby was severely brain damaged by a delayed response to abnormal umbilical cord blood flow findings
- $48.1 million for a Missouri mother whose child was diagnosed with cerebral palsy after being in prolonged fetal distress during delivery
- $120 million to a Michigan family whose child suffered brain damage, blindness, and a cerebral palsy diagnosis from a delayed C-section
“A settlement is not meant to punish a doctor or a provider. It’s meant to provide you with the resources that you need to deal with the injury that has unfortunately happened to you or your family.”
– Kristin Proctor, RNC-OB
You don’t have to know for certain that medical negligence caused your child’s condition before talking with our team. Birth injury lawsuit settlements start with an initial consultation, which you can do whenever you’re ready.
Get your free case review today to see if you can work with a birth injury attorney to pursue settlements or verdicts.
How Birth Injury Settlements Help Families
Birth injuries often require medical care, lifestyle accommodations, and ongoing treatments. In the most severe cases, such as those involving cerebral palsy, babies will require lifelong care. Families that seek birth injury settlements can use the compensation to cover associated costs.
Birth injury lawsuit settlements may pay for:
- Assistive devices
- Counseling
- Home modifications
- Long-term care
- Lost wages
- Medical expenses
- Pain and suffering
- Physical therapy
- Speech therapy
- Other expenses
Every settlement is different, but the goal is the same: Securing birth injury lawsuit settlements that help families provide the care and opportunities their children deserve.
Contact us today to find out if you’re eligible to pursue a child birth injury lawsuit settlement.
What Affects Birth Injury Settlement Amounts?
Birth injury compensation varies between cases because every baby’s needs are different. Experienced attorneys consider many factors when negotiating birth injury lawsuit settlements.
Here are some factors that affect birth injury settlements:
- Emotional and psychological damage to the family
- If the birth injuries will cause chronic pain
- Long-term educational and social accommodations
- Lost wages, which may include future earnings
- Medical bills related to the birth injuries
- Necessary home modifications
- The need for full-time caregivers
- The severity of the injuries
- Whether the injuries will cause permanent disabilities
Our patient advocates are ready to listen to your story and help you understand which factors may influence the size of a potential birth injury settlement.
How to Pursue Birth Injury Settlements
Filing birth injury compensation claims is a straightforward process once you start working with an experienced lawyer. A birth injury attorney can explain each step and handle the legal work for you while you continue supporting your family.
Here’s how people file birth injury lawsuits and pursue settlements:
- Get a free case review: Share your story and learn whether your family may qualify for a birth injury lawsuit.
- Gather medical records and evidence: Your attorney will review records and documentation to understand what happened and build your case.
- File your birth injury lawsuit: If the evidence supports your case, your birth injury lawyer will file your lawsuit before applicable deadlines pass.
- Negotiate a settlement: Your birth injury attorney will negotiate compensation through an out-of-court settlement or represent your best interests in court.
- Decide what’s best for your family: If the other party won’t settle, your attorney can take your lawsuit to trial to demand compensation. Sometimes, a birth injury settlement can still be reached during or after a trial.
You don’t have to have all the answers to see if you qualify for a birth injury settlement. Call our team any time at (877) 904-7119 to discuss your situation.
How Long Do People Have to Seek Birth Injury Settlements?
You may not have much time to seek a birth injury settlement, depending on where you live and when the injury occurred. Every state has a medical malpractice statute of limitations, which is also known as a filing deadline.
The average birth injury lawsuit filing deadline is between 2 and 3 years, depending on the date of the injury or when it was discovered. Acting quickly is crucial to avoid missing your chance to get settlement compensation.
Get your free case review now to explore your legal rights. Our team could help you seek a birth injury settlement and accountability, if eligible.
Get Help Pursuing a Birth Injury Settlement
Birth injury settlements help families pay for their child’s medical care, treatments, and care services. If you believe your child’s birth injury may have been preventable, you may qualify for compensation.
Her Case Matters connects people with birth injury lawyers who:
- Connect families with a team of registered nurses
- Don’t charge upfront fees
- File birth injury lawsuits in all 50 states
- Have recovered $1.1 billion to date for families harmed by preventable birth injuries
- Seek the average $1 million birth injury settlement size or more, depending on the case
Call us at (877) 904-7119 or get a free case review to explore your eligibility and how much your potential birth injury settlement may be worth.
Birth Injury Settlements FAQs
What is an example of birth trauma?
Birth trauma includes psychological or physical injuries that happen before, during, and after delivery. There are multiple types of birth trauma.
Examples of birth trauma include:
- Anal sphincter injuries
- Brachial plexus injuries
- Broken bones
- Newborn head trauma
- Perineal lacerations
- Postpartum depression
- Serious brain damage
Birth injury lawsuits and settlements specifically seek compensation that helps families pay for their child’s treatments, surgeries, and other needs related to preventable trauma.
Contact us if you’d like to learn about child birth injury settlements. Our patient advocates will listen to your story and let you know if you qualify.
How much is a birth injury settlement?
Birth injury lawsuit settlements vary with each case, depending on the factors involved. However, birth injury compensation amounts average around $1 million and can be higher in severe cases.
You don’t have to have all the answers to explore your legal rights. If you qualify, a birth injury lawyer will collect evidence to strengthen your case before negotiating a settlement.
Can I sue for a traumatic birth?
Yes, you can sue for a traumatic birth if there was medical negligence involved. A birth trauma lawsuit is often a medical negligence claim because it seeks compensation for preventable injuries before, during, or after a child’s birth.
Call our team at (877) 904-7119 if you’re unsure whether your child’s birth injury was preventable or not. It’s the most crucial factor in potential birth injury lawsuit settlements.
How long does a birth injury lawsuit take?
Birth injury lawsuits can take months or years, depending on the situation. If the other party involved in your case doesn’t want to settle out of court, a trial could prolong the lawsuit.
However, the lawyers in our network try to secure birth injury settlements without going to court. The goal is to make the experience as easy as possible for you and your family.
What are the success rates of birth injury malpractice lawsuits?
Around 95% of birth injury malpractice lawsuits settle out of court, which is a high success rate for families seeking compensation without a lengthy trial.
Birth injury settlements decided by a jury are often higher than the average $1 million compensation rate. Either way, families stand a better chance of getting the financial accountability they deserve with help from experienced attorneys.
Contact us now to find out if our legal partners can help you file a birth injury malpractice lawsuit settlement and seek compensation.
What are the 4 birth injuries?
There are more than 4 birth injuries, but some are more common than others. Each birth outcome depends on the medical team’s actions or failure to act.
These are 4 birth injuries families experience:
- Brachial plexus injury: An injury to a newborn’s nerves between the neck and shoulder, often caused by health care providers placing too much pressure on a shoulder stuck in the birth canal.
- Cerebral palsy: A condition that affects muscle coordination, control, and balance after a lack of oxygen to a newborn before, during, or after birth, among other causes.
- Hypoxic-ischemic encephalopathy (HIE): A brain injury caused by reduced blood flow or oxygen to an infant’s brain before, during, or after their birth.
- Bone fractures: Fractures a baby experiences related to their birth, which could include a fractured collarbone (clavicle), thigh bone (femur), or upper arm bone (humerus).
Traumatic birth compensation may help families afford treatments and long-term care for their babies after experiencing similar birth injuries, if they were preventable.
How can I find a birth injury lawyer near me?
You can find a birth injury lawyer near you by getting a free case review or calling (877) 904-7119. Our partner lawyers help families in all 50 states, so the Her Case Matters team will connect you with the closest birth injury attorney if you’re eligible.
If you still have questions, don’t hesitate to reach out. Our patient advocates help mothers, parents, and guardians understand how to seek birth injury settlements and justice for the harm done to their children.
Written by: Her Case Matters
At HerCaseMatters, we believe women deserve to be heard — especially when it comes to their health and safety. Too often, harmful drugs, devices, and corporate wrongdoing impact women’s lives without proper warning, support, or accountability. We’re here to change that. We work with trusted legal partners who are deeply experienced in holding powerful companies accountable. But more than that, we’re here to remind women everywhere that their pain is real, their experiences matter, and they deserve justice.
- 5On Your Side. (March 26, 2025). Jury awards family $48.1M in Missouri’s largest malpractice case. Retrieved from: https://www.ksdk.com/article/news/local/medical-malpractice-case-delivery-left-baby-brain-injury-st-louis/63-06d79fc0-1193-4c5b-8930-96108a9dd347.
- Atlanta Black Star. (July 24, 2026). ‘Ripped from his spinal cord’: Jury slams hospital with $18.2 million verdict after doctor’s ‘never maneuver’ left boy unable to ‘hug his mother with both arms.’ Retrieved from: https://atlantablackstar.com/2026/07/24/jury-slams-hospital-with-18-2-million-verdict-after-doctors-never-maneuver-left-boy-unable-to-hug-his-mother-with-both-arms/.
- Dumpa, V., & Kamity, R. (2021). Birth trauma. In PubMed. StatPearls Publishing. Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK539831/.
- Law.com. (November 10, 2016). Gwinnett jury awards $30.5M in brain-damaged baby case. Retrieved from: https://www.law.com/article/almID/1202772124637/.
- News25. (March 27, 2023). Disabled Coles County teen and her parents awarded $40M for injuries suffered during childbirth. Retrieved from: https://www.25newsnow.com/2023/03/27/disabled-coles-county-teen-her-parents-awarded-40m-birth-injuries-suffered-during-childbirth/.
- The Detroit News. (April 1, 2024). Wayne Co. jury awards $120 million to Detroit mom, son in birth trauma case. Retrieved from: https://www.detroitnews.com/story/news/local/wayne-county/2024/04/01/jury-awards-detroit-mom-boy-120-million-award-in-birth-trauma-case/73166706007/?gnt-cfr=1&gca-cat=p&gca-uir=true&gca-epti=z119047e1183xxv119047d–xx–b–xx–&gca-ft=173&gca-ds=sophi.
- The Journal Times. (February 26, 2025). Jury awards $10.2 million in malpractice case. Retrieved from: https://journaltimes.com/news/local/business/health-care/article_e46f8b6a-ed54-11ef-87a0-f7a4f56326ec.html.
- The Minnesota Star Tribune. (October 1, 2018). Minnesota woman awarded $9M in childbirth suit. Retrieved from: https://www.startribune.com/minnesota-woman-awarded-9m-in-childbirth-suit/494845601.
- The Philadelphia Inquirer. (January 29, 2024). Record $183 million medical malpractice verdict against HUP upheld by Philadelphia judge. Retrieved from: https://www.inquirer.com/health/university-pennsylvania-hospital-medical-malpractice-philadelphia-20240129.html.
- WSMV4. (May 21, 2024). Nearly $47 million verdict won after Tennessee girl injured during birth. Retrieved from: https://www.wsmv.com/2024/05/22/nearly-47-million-verdict-won-after-tennessee-girl-injured-during-birth/.
