Birth Injury Lawsuit

An injury that occurs as a result of childbirth may result in damage to an infant’s brain or body and in some cases, a birth injury lawsuit may be necessary to obtain compensation and justice.

A birth injury may turn what should be a joyous event into a personal tragedy that consumes the whole family. Through negligence or improper action, a promising life can be tragically diminished or even cut short.

Birth injury may result in physical damage to the infant’s body or brain, the effects of which may be temporary or permanent. In some cases, birth injury will subside after time or will go away with treatment. In other cases, however, damage from a birth injury may be permanent and result in lifelong disability.

Common birth injuries include:

  • Brain damage
  • Traumatic brain injury
  • Erb’s palsy
  • Cerebral palsy
  • Klumpke’s palsy
  • Shoulder dystocia
  • Brachial plexus injury

Birth injuries to the brain are caused by oxygen deprivation or bleeding inside the brain from trauma during pregnancy, labor or delivery. In some circumstances, birth injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process—especially during C-sections.

Four situations that could warrant a birth injury lawsuit include:

  • A delay in performing a necessary C-section delivery
  • Complication with a VBAC (vaginal birth after C-section) delivery
  • Use of excessive force during the delivery
  • Or, a miscalculation in the size of the baby, causing a traumatic delivery

Depending on the nature of the damage, some injuries can get resolved over a period of months or through rehabilitative therapy or surgery, but others will not resolve. The severity of the problems can also vary greatly—from very mild injuries to birth injuries that cause the death of an infant.

Filing a Birth Injury Lawsuit

Families whose infants experience birth injury may be facing lifelong difficulties with necessary medical care, therapy and medical treatments which may be time consuming and costly. In some cases, a birth injury lawsuit can help provide compensation for these costs and future care.

Recently, a Minnesota woman was awarded almost $9 million after the midwife failed to account for risks associated with the birth of her infant. The woman’s infant son suffered severe arm and shoulder damage during the birth process and was expected to require intensive therapy and permanent disability.

People whose children suffered from birth injury that may have been caused by medical negligence or malpractice should seek legal assistance. Use our Contact us form to arrange for further discussion with Seeger Weiss legal experts.



Since its establishment in 1999, Seeger Weiss has led some of the most complex and high-profile litigations in the U.S.