Cerebral Palsy Birth Injury

What Is Cerebral Palsy?

Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and motor skills. It is caused by damage to the developing brain — most commonly before, during, or shortly after birth. Cerebral palsy is the most common motor disability in childhood, affecting approximately 1 in 345 children in the United States.

While cerebral palsy can be caused by factors unrelated to medical negligence (such as genetic conditions or infections), a significant percentage of CP cases are caused by brain damage sustained during labor and delivery — particularly from oxygen deprivation (hypoxic-ischemic encephalopathy), trauma, or untreated maternal infections.

In New York, families whose children developed cerebral palsy due to medical negligence during birth have the right to pursue a medical malpractice claim to recover the substantial costs of lifelong care, therapy, and support.

Types of Cerebral Palsy

Spastic Cerebral Palsy

The most common type (70-80% of cases), characterized by stiff, tight muscles that make movement difficult. Subtypes include:

• Spastic diplegia: Primarily affects the legs (common in premature babies)
• Spastic hemiplegia: Affects one side of the body (arm and leg)
• Spastic quadriplegia: Affects all four limbs, the trunk, and often the face — the most severe form, frequently associated with HIE

Dyskinetic (Athetoid) Cerebral Palsy

Characterized by involuntary, uncontrolled movements — slow, writhing motions (athetosis) or abrupt, jerky movements (chorea). Muscle tone fluctuates between stiff and floppy. Speech and swallowing are often affected.

Ataxic Cerebral Palsy

The least common type, characterized by poor balance, coordination, and depth perception. Children with ataxic CP may have a wide-based gait, tremors, and difficulty with fine motor tasks.

Mixed Cerebral Palsy

Some children have symptoms of multiple types, most commonly spastic-dyskinetic mixed CP.

Causes of Cerebral Palsy During Birth

Hypoxic-Ischemic Encephalopathy (HIE)

The most common preventable cause of CP is oxygen deprivation during birth. When the baby's brain is deprived of oxygen (hypoxia) and blood flow (ischemia), brain cells die — causing permanent damage. HIE can result from:

• Failure to recognize fetal distress on electronic fetal monitoring
• Delayed emergency C-section
• Umbilical cord prolapse or compression
• Placental abruption or previa
• Uterine rupture
• Prolonged shoulder dystocia

Birth Trauma

Physical trauma during delivery can cause brain damage leading to CP:

• Forceps or vacuum extraction injuries causing intracranial hemorrhage
• Excessive force causing skull fracture or brain bleeding
• Neonatal stroke from vascular injury

Untreated Maternal Infections

Maternal infections during pregnancy or labor — particularly chorioamnionitis (infection of the placenta and amniotic membranes) — can cause brain damage in the baby if not promptly diagnosed and treated. The inflammatory response can damage the developing brain, leading to CP.

Premature Birth and NICU Negligence

Premature babies are at higher risk for CP due to their fragile blood vessels. Intraventricular hemorrhage (IVH) — bleeding into the brain's ventricles — is a common complication of prematurity that can cause CP. NICU negligence, including failure to monitor for and treat IVH, can contribute to CP development.

Diagnosis of Cerebral Palsy

CP is typically diagnosed based on:

• Developmental delays: Missed motor milestones (rolling, sitting, crawling, walking)
• Abnormal muscle tone: Stiffness (hypertonia) or floppiness (hypotonia)
• Abnormal reflexes: Persistent primitive reflexes, hyperreflexia
• Neuroimaging: MRI showing brain injury patterns (periventricular leukomalacia, basal ganglia injury, cortical injury)
• Clinical assessment: By a pediatric neurologist

Lifetime Costs of Cerebral Palsy

The cost of caring for a child with cerebral palsy is substantial. According to the CDC, the average lifetime cost for a person with CP exceeds $1 million, including:

• Medical care: Physician visits, surgeries, medications, hospitalizations
• Rehabilitation: Physical therapy, occupational therapy, speech therapy — often needed for life
• Assistive devices: Wheelchairs, walkers, communication devices, orthotics
• Home modifications: Ramps, widened doorways, accessible bathrooms
• Special education: IEP services, specialized schooling
• In-home care: Nursing care, personal care aides
• Lost earnings: The child's lost future earning capacity

New York Legal Framework

Statute of Limitations — CPLR § 208 (Infancy Toll)

Under CPLR § 214-a, the general statute of limitations is 2.5 years. However, CPLR § 208 tolls the statute for infants until age 18 — but cannot extend beyond age 10 in most cases. This means families may have up to 10 years from birth to file.

New York Medical Indemnity Fund (MIF) — PHL § 2999

Under Public Health Law § 2999, babies who sustain neurological injuries (including CP) during labor and delivery at participating hospitals may qualify for the MIF. The fund provides lifetime medical care — including physician services, nursing care, therapy, and equipment — funded through the malpractice settlement.

Certificate of Merit — CPLR § 3012-a

Every complaint must include a Certificate of Merit confirming expert review by a qualified physician (typically a board-certified obstetrician or pediatric neurologist).

MDLaw Firm Results

• $10.5 million settlement for a child with spastic quadriplegic CP from HIE caused by delayed C-section at a Manhattan hospital
• $7.8 million settlement for a child with dyskinetic CP from untreated chorioamnionitis at a Brooklyn hospital
• $6.5 million settlement for a child with CP from a neonatal stroke caused by forceps trauma at a Bronx municipal hospital

(Prior results do not guarantee a similar outcome.)

Why Choose MDLaw

MDLaw Firm has extensive experience handling cerebral palsy cases in New York. We work with board-certified obstetricians, maternal-fetal medicine specialists, pediatric neurologists, neuroradiologists, and life care planners. We understand the complex medical evidence — fetal monitoring strips, cord blood gases, neuroimaging, placental pathology. We handle all CP cases on a contingency fee basis.

If your child was diagnosed with cerebral palsy that may have been caused by medical negligence during birth in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.