Birth injuries can have devastating effects on newborns and their families, often resulting in permanent disabilities and a lifetime of medical needs. In California, families affected by medical negligence during childbirth have pursued legal action to recover compensation for these life-altering injuries. Over the years, the state has seen several substantial settlements and verdicts in birth injury cases, reflecting the seriousness of these incidents and the costs associated with long-term care.
Below, we’ll explore some of the largest birth injury lawsuit settlements in California, what factors contribute to such high awards, and what families should know if they are considering legal action.
What is a Birth Injury?
A birth injury refers to any physical harm sustained by a newborn during the labor and delivery process, typically due to medical negligence or errors. Common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injuries)
- Hypoxic-ischemic encephalopathy (HIE)
- Shoulder dystocia injuries
- Spinal cord damage
- Fractures or skull injuries
Many birth injuries are preventable and occur when healthcare providers fail to follow accepted medical standards, such as improperly using forceps, failing to order an emergency C-section, or mishandling fetal distress signals.
Top Birth Injury Settlements and Verdicts in California
1. $73 Million Birth Injury Settlement – San Diego
One of the largest recorded settlements in California occurred in San Diego, where a jury awarded $73 million to a family after a child suffered severe brain damage due to a delayed emergency C-section. The obstetrician and hospital staff allegedly ignored signs of fetal distress, resulting in permanent disabilities requiring 24-hour medical care for life.
2. $58 Million Birth Injury Verdict – Los Angeles County
A Los Angeles County jury awarded $58 million to the parents of a child diagnosed with cerebral palsy due to prolonged oxygen deprivation at birth. Medical records revealed that hospital staff failed to monitor fetal heart rate adequately and delayed necessary interventions.
3. $40 Million Settlement – San Francisco
A $40 million settlement was reached after a San Francisco infant suffered hypoxic-ischemic encephalopathy (HIE) due to negligent labor management. The child’s brain injury led to severe developmental delays, spastic quadriplegia, and the need for lifelong rehabilitation.
4. $25 Million Birth Injury Settlement – Riverside County
In Riverside County, a $25 million settlement was secured for a family whose newborn suffered shoulder dystocia and brachial plexus injuries, leading to Erb’s palsy. The delivering physician allegedly used excessive traction during birth, causing permanent nerve damage.
5. $19 Million Verdict – Sacramento
A Sacramento family was awarded $19 million after their child developed cerebral palsy due to negligent use of vacuum extraction. The jury found that the medical team failed to recognize fetal distress signs and mishandled delivery techniques.
Factors That Lead to High Birth Injury Settlements
1. Severity of the Injury
Settlements are typically larger when the child suffers from a catastrophic injury requiring lifelong care, such as cerebral palsy or HIE-related brain damage.
2. Future Medical Expenses
Lifetime costs for birth injury-related disabilities often exceed millions of dollars, covering medical treatments, therapy, equipment, home modifications, and specialized education.
3. Loss of Earning Capacity
In cases where the child is permanently disabled, courts will consider the future loss of income the child would have earned over a lifetime.
4. Pain and Suffering
California allows non-economic damages for the emotional and psychological impact on both the child and the parents, although Medical Injury Compensation Reform Act (MICRA) limits non-economic damages in medical malpractice cases to $350,000 for injuries occurring before 2023 and $500,000, increasing annually, for injuries occurring after 2023.
5. Gross Negligence or Misconduct
If the injury was caused by reckless or egregious medical errors, settlement amounts often increase, especially when punitive damages are pursued.
California Laws Affecting Birth Injury Lawsuits
Statute of Limitations
In California, the statute of limitations for filing a birth injury lawsuit is generally:
- Within three years of the injury or
- Before the child’s eighth birthday, whichever provides more time.
For cases against government-run hospitals or clinics, claims must typically be filed within six months of the incident.
MICRA Cap
As mentioned, MICRA caps non-economic damages in medical malpractice cases, but does not limit economic damages like medical expenses or future care costs.
FAQ: Birth Injury Lawsuits in California
1. What qualifies as a birth injury lawsuit in California?
A birth injury lawsuit arises when a newborn suffers preventable harm due to medical negligence during pregnancy, labor, or delivery. This could include errors such as delayed C-sections, improper use of forceps, or failure to respond to fetal distress.
2. How long do I have to file a birth injury lawsuit in California?
In most cases, you have up to three years from the date of the injury or before your child’s eighth birthday, whichever is longer. However, if the lawsuit involves a government-operated hospital or clinic, a claim must generally be filed within six months of the injury.
3. What types of damages can be recovered in a birth injury case?
Families may recover both economic damages (medical bills, future care costs, loss of earning capacity) and non-economic damages (pain and suffering, emotional distress). However, non-economic damages are subject to California’s MICRA cap.
4. Can I sue both the doctor and the hospital?
Yes. In California, you can file claims against multiple responsible parties, including:
- The delivering obstetrician or midwife
- The nurses and support staff
- The hospital or medical facility
Your attorney will investigate all potentially liable parties.
5. How much is the average birth injury settlement in California?
While amounts vary, severe birth injury cases in California frequently result in settlements or verdicts ranging from $1 million to over $50 million, depending on the severity of the injury and the child’s long-term care needs.
6. Does MICRA limit all types of damages?
No. MICRA limits non-economic damages such as emotional distress, but economic damages—including medical expenses, future care costs, and lost earning capacity—are not capped.
7. What is hypoxic-ischemic encephalopathy (HIE)?
HIE is a serious brain injury caused by a lack of oxygen and blood flow to a newborn’s brain during labor or delivery. It is one of the most common birth injuries involved in high-value lawsuits due to its long-term neurological impacts.
Should You Pursue a Birth Injury Lawsuit?
Families impacted by birth injuries often face mounting medical bills, emotional trauma, and uncertainty about the future. Filing a San Diego birth injury lawsuit can help recover compensation to cover:
- Ongoing and future medical expenses
- Specialized therapies and equipment
- In-home nursing care
- Educational needs
- Pain and suffering
Working with an experienced California birth injury attorney ensures that all liable parties, including obstetricians, nurses, and hospitals, are held accountable for negligent actions.
Conclusion
California has seen some of the highest birth injury settlements and verdicts in the nation, reflecting both the severity of the injuries and the legal system’s recognition of the long-term impact on families. While no amount of money can undo the harm caused, these settlements provide critical financial resources to support the child’s care and future needs.
If your child has suffered a preventable birth injury, consult a qualified personal injury attorney to explore your legal options and secure the compensation your family deserves.
References
- California Department of Public Health. (2023). Birth Injury Statistics in California. https://www.cdph.ca.gov
- Judicial Council of California. (2023). Medical Injury Compensation Reform Act (MICRA) updates. https://www.courts.ca.gov
- National Institutes of Health. (2020). Cerebral palsy and birth injury overview. https://www.nih.gov
- San Diego Union-Tribune. (2022). San Diego family awarded $73 million in birth injury case. https://www.sandiegouniontribune.com
- The Recorder. (2023). $58 million Los Angeles jury verdict for cerebral palsy birth injury. https://www.law.com/therecorder/
