Infant Brain Damage Settlement

Fact Checked

An infant brain damage settlement is a monetary award that parents (or guardians) receive on behalf of a child who was injured due to medical negligence. Complications of childbirth increase the risk of infant brain damage, but medical negligence can also cause this injury. The consequences are potentially severe and can affect a child permanently.

What Is an Infant Brain Damage Settlement?

An infant brain damage settlement is compensation for a child’s birth injury that was caused by medical negligence. Medical professionals have a duty to provide adequate care. When they do not, and patients suffer harm, they can be considered negligent.

Infant brain damage can result from negligence. Parents can then file a lawsuit to seek a settlement and compensation. This covers the costs of treatments and other expenses associated with the birth injury.

How Does Infant Brain Damage Occur During Childbirth?

Infant brain damage is more common than people realize. Childbirth is a complicated process, even with all the advances we have in modern medicine.

Loss of Oxygen

The most common cause of brain damage in an infant is loss of oxygen to the baby’s brain during childbirth. This type of brain damage is called hypoxic-ischemic encephalopathy (HIE).[1] 

There are many potential causes of HIE, including illness in the mother that reduces the flow of oxygen to the baby. During labor and delivery, complications with the placenta or umbilical cord can restrict blood flow, too.

When the vulnerable brain of an infant is deprived of oxygen for any period, it can cause damage, including cell death. The longer the duration of oxygen deprivation, the more severe the damage is likely to be.

Physical Trauma

Another potential cause of infant brain damage is physical trauma. A doctor may use a vacuum extractor or forceps to aid in the delivery. These can be used safely, but delivery instruments also have the potential to damage the head and brain of an infant if too much force is applied.

Brain damage can also be caused by untreated infections in the mother or by a misdiagnosed and untreated condition in the newborn, including jaundice.

Consequences of Infant Brain Damage

For many infants who suffer some degree of brain damage during labor and delivery, the symptoms and complications are mild, and the prognosis is good. Many babies with mild brain damage during childbirth will recover completely.

Those who suffer more severe brain damage often have permanent disabilities. One possible consequence of infant brain damage is cerebral palsy.[2]

This lifelong condition can cause a variety of symptoms, including spastic muscle movements, difficulty walking, cognitive impairments, hearing and vision impairments, and even paralysis of parts of the body.

Even for those children whose brain damage does not lead to cerebral palsy, the consequences of this kind of injury can cause other disabilities:

• Developmental delays
• Learning disabilities
• Physical disabilities
• Behavioral issues
• Cognitive deficits

How an Infant Brain Damage Settlement Can Help

Parents of a child with brain damage and resulting complications face numerous challenges and costs. The child will likely need medical procedures, ongoing therapies, adaptive equipment, medications, caregivers, and individual education interventions.

An infant brain damage settlement can provide the money a parent needs to provide their child with treatment and care. The ongoing complications of brain damage are expensive.

Depending on the severity of the brain damage, your child may need care for decades to come. Your child may never be fully independent. A settlement can provide damages for current and future medical bills and care expenses.

A settlement may also offer compensation for lost wages if you can’t go back to work, as well as compensation for pain and suffering and emotional trauma. However, remember that the total amount of damages will depend on your state’s laws.

How to Get an Infant Brain Damage Settlement

The first step in getting a settlement to care for your child is filing a lawsuit. This can be a complicated process that is difficult to resolve. Rely on an experienced birth injury and medical malpractice lawyer to represent you and your child.

The right lawyer will be able to take all the steps necessary to get your child the compensation they need:

• File the lawsuit
• Investigate the circumstances of your child’s injury
• Build a strong case against the person or institution responsible for committing malpractice
• Represent your best interests in settlement agreements or in front of a jury if the suit goes to court

To get the infant brain damage settlement that will provide for a better future for your child, you need a lawyer to help make your case against the responsible parties.

You have a good chance of winning settlement money if your lawyer can help you prove several important elements: 

• The person who made a mistake was responsible for your child’s medical care.
• Their error directly led to infant brain damage.
• The child’s brain damage led to significant costs for care and treatment.

What Factors Affect Infant Brain Damage Settlement Amounts?

Settlements for infant brain damage vary by case. Every situation is unique, with different factors that determine the settlement amount: 

• The severity of the brain damage
• The prognosis and expected complications
• The degree of medical malpractice that caused the injury
• Current expenses related to the injury
• Expected future expenses for therapy, treatment, care, and more
• State laws that might limit certain types of damages

Your settlement amount will also depend on the experience and skill of your legal team. Only work with lawyers who have proven wins for parents of children who suffered brain damage or other birth injuries.

An Infant Brain Damage Settlement Example

Many plaintiffs have won settlements for their children and obtained justice for the harm caused by trusted medical professionals.

One example occurred in Grand Rapids, Michigan, in 2010. Eliza Gort was born with jaundice, which should have been treated immediately.

The medical team at Spectrum Health began treatment with a blood exchange transfusion. However, the procedure was not done correctly, and the air got into the intravenous line.

Eliza subsequently went into cardiac arrest, and it took 40 minutes to resuscitate her. Her brain was restricted to oxygen for a period that caused severe brain damage.[3]

The parents brought a lawsuit against Spectrum Health because they believed the damage caused to Eliza, who will live with the consequences of brain damage for the rest of her life, should have been prevented.

The lawsuit never went to trial, and Spectrum Health agreed to an undisclosed settlement amount.

This is just one example of a successful infant brain damage settlement. Eliza’s family will now be able to provide her with the care she needs without worrying about money.

Many other parents find themselves in similar situations, and seeking a settlement is a common strategy to help provide care and treatment.

If you have a child who was injured from medical mistakes, you may be able to make a case to prove that someone was negligent.