Birth Injury Settlement Calculator
Estimate a birth-injury settlement (cerebral palsy, hypoxic-ischemic encephalopathy, Erb's palsy, brachial plexus, shoulder dystocia, kernicterus) using lifetime medical, special education, attendant care, and lost earnings. Cerebral palsy lifetime cost: $1.5M-$4.5M (CDC). Verdicts: $5M-$50M+ for severe HIE cases with permanent disability.
Common Birth Injury Diagnoses
Cerebral palsy (CP) — leading birth-injury diagnosis. Hypoxic-ischemic encephalopathy (HIE) — brain damage from oxygen deprivation. Erb's palsy / brachial plexus injury — shoulder-dystocia nerve damage. Kernicterus — bilirubin toxicity from untreated neonatal jaundice. Permanent intellectual disability from misdiagnosed perinatal stroke. Sub-galeal hemorrhage from vacuum/forceps misuse. Some birth injuries resolve (mild Erb's, transient HIE); others cause lifelong disability.
Liability — Standard of Care Violations
Common standard-of-care breaches: failure to perform timely C-section in fetal distress (non-reassuring FHR pattern); excessive Pitocin contraindicated by fetal heart rate; improper vacuum/forceps for prolonged second stage; failure to diagnose pre-eclampsia/HELLP; failure to test for Group B Strep; failure to monitor bilirubin in newborn. Expert OB-GYN and pediatric neurologist testimony required. Hospital negligence (under-staffing, lack of L&D nurses, equipment failure) often joined.
Lifetime Cost of Cerebral Palsy and HIE
Per CDC and AAP actuarial studies: cerebral palsy lifetime cost averages $1.5M-$2.5M for ambulatory CP; $3.5M-$4.5M for non-ambulatory; $5M+ for those needing total attendant care + ventilator. Components: medical (rehabilitation, neurology, orthopedics, GI feeding), assistive technology, home modifications, special education through age 22 (covered by IDEA but private supplementation common), adult disability services, lost parental wages (often the lower-earning parent leaves work for caregiving).
Statute of Limitations — Tolling for Minors
Most states toll the medical-malpractice SOL for minors until age 18 or until parents knew or should have known of malpractice (discovery rule). Common tolling rules: until child reaches age 6-10, then standard adult SOL applies. Some states (FL = 2 years from discovery, max 7 from injury for adults; longer for minors) have strict statutes of repose. Tort-reform states (TX, CA MICRA) cap non-economic damages — major impact on birth-injury cases. Government-hospital cases (FTCA, military) have 2-year notice-of-claim deadlines.
Sources: CDC Cerebral Palsy fact sheet 2024, AAP Committee on Medical Liability, MICRA $750K cap (CA 2026), Florida Stat. §766.106 (med-mal SOL). Last updated: May 2026. Not legal advice.