What to Know When Filing a Cerebral Palsy Lawsuit

If your child was diagnosed with cerebral palsy, it may have been caused by a healthcare provider and/or hospital negligence, and you may be eligible to file a lawsuit and pursue financial compensation. Strict legal filing deadlines can affect your right to recovery. In 2025, cerebral palsy lawsuits continue to be filed across the U.S., and understanding these types of cases is critical if you’re considering legal action.

In this post, we’ll cover why families file cerebral palsy lawsuits, what’s required to pursue a case, current legal updates, and the statute of limitations that could impact your right to recover compensation.

Why Do People File Cerebral Palsy Lawsuits?

Cerebral palsy is a condition that can result from an injury to an unborn baby’s brain that can occur from a number of causes including maternal infection during pregnancy, insufficient oxygen supply to the baby, fetal strokes, lack of oxygen to a newborns’ brain (also known as asphyxia) during labor and delivery. Investigation can reveal whether there was a failure or delay of the health care team to diagnose and treat these conditions (for example, by promptly delivering the baby before the injury occurred) was substandard medical care, and the cause of the injury to the baby. Some examples of of preventable medical errors during labor or delivery include:

• Failure to monitor fetal distress
  
• Delayed C-section delivery despite signs of fetal compromise
  
• Improper use of delivery tools (for example, forceps or vacuum)
  
• Mismanagement of infections during pregnancy
  
• Oxygen deprivation during birth 

When these errors occur, the baby’s brain can suffer permanent damage, leading to lifelong physical and cognitive disabilities. Families of babies born with a birth injury need experienced birth injury lawyers, who along with experienced physicians and nurses, can  investigate whether their child’s injuries were preventable or caused by medical negligence. And if so, a cerebral palsy lawsuit can help families cover the extensive costs of care, therapies, and adaptive equipment the child will require, which often exceed hundreds of thousands or even millions of dollars over their lifetime.

Cerebral Palsy Lawsuit Update: Where Things Stand in 2025

Cerebral palsy lawsuits are individual claims filed on behalf of the injured child and their family. Each case is unique, but there are some common factors you should know: 

1. More Awareness of Birth Injury Causes
   Advances in fetal monitoring, data collection and medical research, have led to an increased awareness of birth injuries and their causes.
   
2. Lawsuits Still Yielding Large Verdicts
   Cerebral palsy causes a wide range of physical and cognitive impairments however, the future lifetime of care needs of injured children can be significant.. When medical or hospital malpractice causes a child’s cerebral palsy cash settlements and jury verdicts continue to reach multimillion-dollar amounts across the U.S., depending on state laws.
3. Taking Action Sooner
   With greater access to medical records, experts and experienced lawyers to review the medical record and circumstances, , families   with a  child who suffers a birth injury should consider investigating a case promptly.. It is critical to begin an investigation promptly to preserve evidence, avoid the consequence of waiting too long under state law and losing the right to bring a claim  (the statute of limitations), and maximize their chances of success. 

Cerebral Palsy Lawsuit Deadlines: Know Your State’s Statute of Limitations

Every state sets its own legal deadline, called the statute of limitations, for filing a cerebral palsy lawsuit. These deadlines vary from state to state and on whether the case is filed for damages suffered by the parents or by the child. Parents need to promptly seek legal advice to learn the intricacies of  the law of the state where the child was born. 

For instance, for children born in Pennsylvania, there is a two-year period by which a lawsuit for parents who have suffered such things as medical expenses or emotional distress as a result of their child’s birth injury must be filed. However, for minors, that two-year period does not begin to run until their 18th birthday.  Under New Jersey law, a child born after July 13, 2004 must file a lawsuit seeking damages for a birth injury by the child’s 13th birthday. 

The failure to file a lawsuit within the applicable statute of limitations period may bar a parent or child from their right to recover damages. And so it is critical that parents of a child who has suffered a birth injury consult with a lawyer experienced lawyer to make certain they understand their rights and the time limits within which they must act to preserve those rights.

Exceptions and Extensions

In some states the statute of limitations period does not begin to run until the claimant knew, or through the exercise of reasonable diligence could have discovered the injury or that the injury was caused by another’s conduct. Where recognized, this is known as the discovery rule. However, not every state applies a discovery rule, and some set limits as to how long it would apply. Again, with minor’s tolling or a discovery rule exception, if a child is born with a birth injury, the best course of action is to speak with an experienced attorney as soon as possible.

Who Qualifies for a Cerebral Palsy Lawsuit?

You may qualify to file a cerebral palsy lawsuit if the following applies:

• Your children was diagnosed with HIE. HIE stands for Hypoxic-Ischemic Encephalopathy. It is a type of brain dysfunction caused by a lack of oxygen (hypoxia) and reduced blood flow (ischemia) to the brain that most often occurs in newborns during or shortly after birth due to complications such as prolonged labor, umbilical cord problems, or maternal health issues. Symptoms can include seizures, poor muscle tone, difficulty breathing, and altered consciousness. 
  
• Your child has a confirmed diagnosis of cerebral palsy. Sometimes the diagnosis of cerebral palsy is not made until the child is 2 years old.
  
• There is evidence or an investigation reveals that there was medical negligence during pregnancy, labor, or delivery that caused the cerebral palsy
  
• You can obtain medical records and expert opinions linking the injury to provider error
  
• The lawsuit is filed within your state’s legal deadline 

Birth injury attorneys consult with medical experts who can review all of the medical records relating to the pregnancy, labor and delivery, including fetal monitoring strips, laboratory reports, the baby’s Apgar scores, and labor timelines, and records of the care the newborn receives to determine if standards of care were violated and any violation caused the birth injury.

What Can You Recover?

If your lawsuit is successful, you may be eligible to recover compensation for:

• Past and future medical expenses
  
• Physical and occupational therapy
  
• Home modifications and mobility aids
  
• Pain and suffering
  
• Lost earning potential for the child
  
• Emotional distress of parents
  
• Punitive damages (in cases of gross negligence) 

Cerebral palsy lawsuit settlements vary widely but can exceed 5 million dollars or more in cases requiring lifelong care and round-the-clock assistance.

What Should You Do Next?

If your child was diagnosed with cerebral palsy and you suspect medical negligence played a role, the next steps include:

• Consult  with a qualified cerebral palsy attorney
  
• Gather complete  prenatal and birth records
  
• Determining the statute of limitations in your state
  
• Request an experienced team of lawyers and expert physicians and nurses to review of your case 

At CPR Law, our experienced team of cerebral palsy lawyers and the experts we work with have helped families seek justice in complex birth injury cases. We’re here to answer your questions, protect your rights, and help you pursue the compensation your child deserves.