Birth Injury Settlement Calculator
Estimate potential compensation for birth injuries including cerebral palsy, Erb's palsy, brain damage, and other delivery-related medical malpractice claims.
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About This Calculator
Birth injuries can have devastating, lifelong consequences for children and their families. When medical negligence during pregnancy, labor, or delivery causes harm, families may be entitled to significant compensation to cover the extensive care these children require. Birth injury cases are among the most complex and highest-value medical malpractice claims.
Common Birth Injuries:
- Cerebral Palsy: Brain damage causing movement and developmental disorders
- Erb's Palsy/Brachial Plexus Injury: Nerve damage causing arm weakness or paralysis
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage from oxygen deprivation
- Shoulder Dystocia Injuries: Complications from difficult delivery
- Spinal Cord Injuries: Causing paralysis or mobility issues
- Facial Paralysis: Nerve damage during delivery
What Makes Birth Injury Cases Unique:
- Victims require lifetime care (potentially 70+ years)
- Economic damages often exceed $10 million
- Expert testimony required from multiple medical specialties
- Causation is heavily contested
- Statutes of limitations may be extended for minors
Key Considerations:
- Life care plans documenting future needs
- Economic experts calculating lifetime costs
- Medical experts establishing standard of care violation
- Present value calculations for future costs
This calculator helps estimate potential compensation for birth injury cases. For general medical malpractice, see our Lawsuit Settlement Calculator. For structured payment options, visit our Structured Settlement Calculator.
How to Use the Birth Injury Settlement Calculator
- 1Select the type of birth injury your child sustained.
- 2Enter your child's current age to calculate years of future care needed.
- 3Input all medical expenses incurred since birth.
- 4Enter the annual cost of ongoing therapy, attendant care, and equipment.
- 5Input the child's life expectancy as estimated by medical professionals.
- 6Enter annual special education costs if applicable.
- 7Add any income parents lost to provide care for the child.
- 8Include costs for home modifications (wheelchair ramps, accessible bathroom).
- 9Enter the overall disability percentage assigned by medical professionals.
- 10Review the breakdown of economic and non-economic damages.
Types of Birth Injuries
Birth injuries range from minor temporary conditions to severe permanent disabilities.
Cerebral Palsy
Cause: Brain damage from oxygen deprivation, trauma, or infection
| Type | Characteristics |
|---|---|
| Spastic | Stiff, tight muscles (most common) |
| Athetoid | Uncontrolled movements |
| Ataxic | Balance and coordination problems |
| Mixed | Combination of types |
Lifetime Care Costs:
- Mild: $1-2 million
- Moderate: $2-5 million
- Severe: $5-15+ million
Erb's Palsy / Brachial Plexus Injury
Cause: Excessive pulling during delivery, often in shoulder dystocia
Severity Levels:
- Neuropraxia: Stretching (usually recovers)
- Neuroma: Partial damage (may need therapy)
- Rupture: Torn nerve (requires surgery)
- Avulsion: Nerve torn from spine (most severe)
Hypoxic-Ischemic Encephalopathy (HIE)
Cause: Lack of oxygen and blood flow to the brain
Outcomes:
- Mild HIE: May recover fully
- Moderate HIE: Developmental delays, learning disabilities
- Severe HIE: Cerebral palsy, intellectual disability, death
Other Birth Injuries
| Injury | Common Cause |
|---|---|
| Facial paralysis | Forceps pressure |
| Caput succedaneum | Prolonged pushing |
| Cephalohematoma | Vacuum extraction |
| Bone fractures | Difficult delivery |
| Perinatal stroke | Blood clots, oxygen deprivation |
Medical Malpractice in Birth Injuries
To succeed in a birth injury lawsuit, you must prove medical negligence caused the harm.
Elements of Medical Malpractice
| Element | What Must Be Proven |
|---|---|
| Duty | Healthcare provider had duty to treat patient |
| Breach | Care fell below accepted medical standards |
| Causation | Breach caused or contributed to injury |
| Damages | Actual harm resulted from the breach |
Common Medical Errors
During Pregnancy:
- Failure to diagnose gestational diabetes
- Missing signs of preeclampsia
- Not ordering appropriate tests
- Failing to identify high-risk pregnancy
During Labor:
- Misreading fetal heart monitor strips
- Delaying necessary C-section
- Improper use of Pitocin (induction drug)
- Failure to respond to fetal distress
During Delivery:
- Excessive force during delivery
- Improper use of forceps or vacuum
- Failure to perform emergency C-section
- Not calling for appropriate specialists
Standard of Care
Defined As: What a reasonably competent healthcare provider in the same specialty would do under similar circumstances.
Established By:
- Expert witness testimony
- Medical literature and guidelines
- Hospital protocols
- ACOG (American College of OB-GYNs) standards
Calculating Lifetime Care Costs
Birth injury damages must account for decades of future care needs.
Life Care Planning
A life care plan documents all future medical and care needs:
| Category | Items Included |
|---|---|
| Medical Care | Doctor visits, hospitalizations, surgeries |
| Therapy | Physical, occupational, speech therapy |
| Equipment | Wheelchairs, braces, communication devices |
| Medications | Ongoing prescriptions |
| Attendant Care | Daily living assistance, nursing |
| Home Modification | Accessibility adaptations |
| Transportation | Accessible vehicle, modifications |
| Education | Special education, tutoring |
Annual Care Cost Estimates
| Condition | Annual Cost Range |
|---|---|
| Mild Cerebral Palsy | $30,000 - $75,000 |
| Moderate Cerebral Palsy | $75,000 - $150,000 |
| Severe Cerebral Palsy | $150,000 - $300,000+ |
| Erb's Palsy (severe) | $25,000 - $75,000 |
| Moderate HIE | $50,000 - $100,000 |
| Severe HIE | $200,000 - $500,000+ |
Present Value Calculation
Future costs must be discounted to present value:
Formula: PV = Annual Cost × [(1 - (1 + r)^-n) / r]
Where:
- r = discount rate (typically 2-4%)
- n = years of future care needed
Example:
- Annual care cost: $100,000
- Years of care: 70
- Discount rate: 3%
- Present value: ~$3.1 million
Damages in Birth Injury Cases
Birth injury settlements must cover extensive economic and non-economic damages.
Economic Damages
Past Medical Expenses:
- All treatment from birth to present
- NICU stays (can exceed $1 million alone)
- Surgeries and hospitalizations
- Therapy and rehabilitation
Future Medical Expenses:
- Lifetime medical care needs
- Equipment and supplies
- Medications
- Future surgeries
Lost Earning Capacity (Child):
- What the child would have earned
- Based on statistical averages or family factors
- Typically calculated for 45-50 work years
Parent Lost Wages:
- Income lost caring for child
- Career changes or limitations
- Reduced earning capacity
Non-Economic Damages
Pain and Suffering:
- Physical pain (ongoing and future)
- Emotional distress
- Duration of suffering
Loss of Enjoyment of Life:
- Activities the child cannot enjoy
- Normal childhood experiences missed
- Quality of life reduction
Loss of Consortium:
- Impact on parent-child relationship
- Impact on siblings
- Family dynamic changes
Damage Caps
Some states cap non-economic damages:
- California: $250,000 (medical malpractice) - changing to $350,000-$750,000
- Texas: $250,000 per defendant
- Many states: No caps for catastrophic injuries
Settlement vs. Trial in Birth Injury Cases
Birth injury cases may resolve through settlement or proceed to trial.
Settlement Advantages
| Advantage | Explanation |
|---|---|
| Guaranteed outcome | Avoid risk of losing at trial |
| Faster resolution | Trials take 3-5+ years |
| Lower costs | No trial expenses |
| Privacy | Settlement terms confidential |
| Certainty | Known amount for planning |
Trial Advantages
| Advantage | Explanation |
|---|---|
| Higher potential | Juries may award more |
| Full discovery | All evidence revealed |
| Accountability | Public finding of negligence |
| Precedent | May help future cases |
Typical Settlement Process
-
Investigation Phase (6-12 months)
- Medical record review
- Expert consultation
- Life care plan development
-
Pre-Suit Negotiation
- Demand letter to defendants
- Initial offers exchanged
- Many cases resolve here
-
Litigation (if needed)
- Filing lawsuit
- Discovery (1-2 years)
- Expert depositions
- Mediation attempts
-
Trial (if no settlement)
- Jury selection
- Evidence presentation
- Verdict
- Potential appeals
Structured Settlements
Large birth injury settlements often use structured settlements:
- Tax-free periodic payments
- Guaranteed income for life
- Can include cost-of-living adjustments
- Protects against mismanagement
Statute of Limitations for Birth Injuries
Time limits for filing birth injury claims vary by state and circumstance.
General Rules
For Parents' Claims:
- Standard medical malpractice statute (typically 2-3 years)
- Runs from date of injury or discovery
For Child's Claims:
- Often "tolled" (paused) during minority
- Clock starts when child turns 18
- May have additional years after that
State Variations
| State | Adult Limit | Minor Extension |
|---|---|---|
| California | 3 years | Until age 19 |
| Texas | 2 years | Until age 14 |
| New York | 2.5 years | Until age 20 |
| Florida | 2 years | Until age 10 |
| Pennsylvania | 2 years | Until age 20 |
Discovery Rule
In some states, the statute begins when:
- The injury is discovered OR
- When it reasonably should have been discovered
This can extend deadlines when injuries aren't immediately apparent.
Statute of Repose
Some states have an absolute outer limit:
- Regardless of discovery
- Typically 6-10 years from the act
- Can bar claims even for minors
Key Warnings
- File promptly: Even if child is young, some deadlines are short
- Consult attorney early: Statutes are complex and vary
- Preserve evidence: Medical records, fetal monitor strips
- Don't rely on general rules: Each state differs significantly
Pro Tips
- 💡Obtain complete medical records immediately, especially fetal heart monitor strips.
- 💡Keep a detailed journal of your child's symptoms, treatments, and progress.
- 💡Save all receipts and documentation of expenses related to the injury.
- 💡Consult a birth injury attorney as soon as possible to preserve your rights.
- 💡Don't accept early settlement offers without full evaluation of lifetime needs.
- 💡Document how the injury affects your child's daily activities and quality of life.
- 💡Get a comprehensive life care plan from a certified life care planner.
- 💡Understand your state's statute of limitations for both your claims and your child's.
- 💡Consider structured settlements for tax advantages and guaranteed lifetime income.
- 💡Build a strong team including medical experts, economists, and life care planners.
- 💡Keep records of all parent income lost due to caregiving responsibilities.
- 💡Photograph your child's condition and any adaptive equipment used.
Frequently Asked Questions
Cerebral palsy cases typically settle or receive verdicts ranging from $1 million for mild cases to $10-50+ million for severe cases. The primary factors are: severity of disability, life expectancy, annual care costs, strength of the malpractice evidence, and state damage caps. Lifetime care costs alone can exceed $10 million for severe cases.
