Welcoming a newborn is meant to be a time of joy, but birth injuries can turn this experience into a stressful and overwhelming one for families. These injuries can range from minor bruising to serious conditions such as cerebral palsy or Erb’s palsy, often resulting from medical errors or negligence during delivery. Common examples include shoulder dystocia, which may lead to nerve damage, and hypoxic-ischemic encephalopathy, caused by insufficient oxygen. Early recognition of these injuries is critical for proper treatment. If you believe a birth injury occurred due to medical malpractice, consulting a legal professional can help you understand your rights and explore options for seeking compensation.

December 2025: Birth Injury Class Action & Legal Updates

Fill out the form on this page now for more information.

Bringing a new baby home is meant to be a moment of joy and excitement. Unfortunately, some families face unexpected challenges when their child experiences a birth injury, turning what should be a celebratory time into a stressful and overwhelming one. Understanding what birth injuries are, how they occur, and the steps you can take if your family is affected can help you navigate this difficult situation with more clarity and support.

Understanding Birth Injuries and Their Impact

It can be difficult to accept, but birth injuries occur more frequently than many realize. They can range from minor bruises to serious, life-altering conditions. Tragically, some of these injuries are the result of medical negligence or errors during delivery, adding an extra layer of frustration and heartbreak for families.

Fill out the form on this page now for more information.

Frequent Birth Injuries and Their Effects

Birth can sometimes result in a wide range of injuries. Some of the more commonly known types include:

• Shoulder Dystocia: Shoulder dystocia occurs during delivery when one or both of a baby’s shoulders become lodged behind the mother’s pelvic bone after the head has been delivered. This complication can result in serious injuries for the baby, such as nerve damage or fractures, and may also pose risks to the mother, including severe trauma or, in rare cases, death. In legal cases related to shoulder dystocia, attorneys help families by carefully reviewing the delivery circumstances and gathering evidence to support a potential claim.

• Erb’s Palsy: Erb’s palsy is caused by injury to the brachial plexus nerves during childbirth, often linked to shoulder dystocia or excessive force during delivery. This condition can result in weakness or paralysis of the arm, affecting the baby’s motor skills and potentially leading to long-term disability. In legal cases, attorneys help families by investigating the birth circumstances, reviewing medical records, and consulting experts in obstetrics and neonatology.

• Brachial Plexus Injuries: The brachial plexus is a network of nerves near the shoulder that controls movement and sensation in the arm and hand. Trauma during birth can cause injuries to these nerves, leading to conditions like Erb’s palsy or other brachial plexus injuries. When negligence or malpractice is involved, lawyers play a key role in supporting claims for compensation.
• Cerebral Palsy: Cerebral palsy is a neurological disorder that affects movement, posture, and muscle coordination, often resulting from brain damage during fetal development, childbirth, or infancy. Injuries caused by medical errors may lead to spasms, stiffness, or long-term motor impairments. Attorneys help families pursue compensation by investigating medical records and consulting with neurology and obstetrics experts.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when the brain receives insufficient oxygen and blood flow, often during delivery. This can lead to brain damage, seizures, developmental delays, and motor or cognitive disabilities. In cases of medical negligence, lawyers assist families by reviewing birth records, consulting specialists, and determining whether proper care could have prevented or reduced the injury, aiming to secure compensation for medical care, therapy, and long-term support.
• Klumpke Palsy: Klumpke palsy is a lower brachial plexus injury usually caused by trauma during birth. It can lead to weakness or paralysis in the hand and forearm, affecting motor function and potentially resulting in long-term disability. Attorneys help families by assessing the circumstances, gathering evidence, and supporting legal claims for compensation.

Fill out the form on this page now for more information.

Detecting Birth-Related Trauma in Newborns

Early awareness of birth injury signs is crucial for timely intervention. Signs such as trouble with muscle control or holding one arm tightly against the body may signal a serious problem. Although it can be difficult to face, identifying these symptoms early enables you to get medical care and support quickly, which can greatly improve your baby’s recovery and long-term health outcomes.

How Medical Decisions Can Result in Birth Injuries

The causes of birth injuries can be complex. While some result from the baby’s size or position, many are closely tied to the medical care provided during labor and delivery, bringing potential malpractice into consideration.

Healthcare professionals are trained to recognize signs of complications and make decisions that protect both mother and child. When these decisions are delayed, incorrect, or omitted, the likelihood of injury can rise dramatically, highlighting the critical role of proper medical care in preventing birth-related harm.

Examples of Situations Where Medical Malpractice Could Contribute:

• Delayed Cesarean Section: When a baby shows signs of distress, performing a timely C-section can be lifesaving. Delays can result in oxygen deprivation and potential brain damage.

• Improper Use of Delivery Instruments: Tools like forceps or vacuum extractors can assist in delivery, but misuse may cause serious injuries to the baby’s head or nerves.

• Inadequate Fetal Monitoring: Failing to track the baby’s heartbeat or vital signs properly can lead to missed critical warning signs, preventing timely intervention.

• Mismanagement of Labor Complications: Issues such as umbilical cord entanglement or breech presentation require immediate, skilled care to avoid injury.

• Breakdowns in Team Communication: Poor communication among medical staff can cause delays or incorrect responses to emerging problems, increasing the risk of harm.

When errors like these happen, they are often more than just unfortunate accidents. They can represent professional negligence, meaning the standard of care owed to you and your baby was not upheld—a key element in medical malpractice.

It’s important to remember that not every birth injury results from malpractice. Some complications are unavoidable even with the best medical care. However, when an injury could have been prevented but occurs due to a failure to meet the accepted standard of care, that is when a malpractice claim may be warranted.

When to consider legal action

If your child has suffered a birth injury, you may be wondering whether pursuing legal action is the right choice. If you believe the injury resulted from medical malpractice, consulting a qualified attorney is crucial.

An experienced birth injury lawyer can review your case, collect evidence, and advise on the best path forward. They will examine the details of the birth, the decisions made by medical staff, and the impact on your child’s health. With their guidance, you can navigate the process of seeking justice and pursuing compensation for your child’s injury.

No parent should face the challenges of a birth injury alone. If you’re in this difficult situation, it’s important to know that you have options and legal rights to protect your family.

Fill out the form on this page to see if you qualify for a free case review.

Mass Torts vs. Class Actions: Key Differences

Mass torts and class actions are two distinct legal approaches for handling cases in which many individuals are affected by the same product, event, or company. Each method manages claims and compensation differently, reflecting the unique needs of those involved.

Mass torts provide a way to address legal claims when many people are harmed by the same product, event, or entity, but each case is unique. Imagine a neighborhood hit by a storm, where every house suffers different damage. In a mass tort, each homeowner files an individual lawsuit, yet the court consolidates the cases for efficiency because the storm is the shared factor. Importantly, each person maintains control over their own case, allowing settlements to reflect their specific damages and circumstances.

Class actions bring many individuals together under one legal case, where a single lawsuit represents the group’s claims. Think of it as the entire neighborhood suing over storm damage together, with one or a few residents acting as lead plaintiffs. Individual control is limited, as the lead plaintiff and their legal team make decisions that affect everyone. When it comes to resolving the case, the class action settlement determines how compensation is distributed, typically evenly or according to a set formula for all members.

Which Legal Path Fits Your Case?

Here’s a quick summary to help you decide which legal path may suit your situation:

• Control: Mass torts allow more personal control over your case, whereas class actions provide limited individual input.
• Compensation: Mass tort awards are tailored to each person’s damages, while class action payouts are generally standardized across the group.
• Applicability: Mass torts work best when damages vary among individuals, whereas class actions are suited for cases with similar or uniform harm.
• Efficiency: Class actions can be faster and use fewer resources, as claims are combined under one proceeding.

If you’ve been affected alongside others and are considering legal action, it’s important to weigh your options. Do you want direct control over your own case, or are you comfortable with a representative making decisions on your behalf? Are your damages unique and needing individualized attention, or are they similar enough to be addressed collectively? Your answers can help determine whether a mass tort or a class action is the most appropriate path for your situation.