When your child suffers from cerebral palsy due to medical mistakes during birth, you need experienced legal help. At Willens & Baez Personal Injury Lawyers, P.C., we understand the challenges families face when dealing with this life-changing condition.
The Chicago cerebral palsy attorneys at Willens & Baez have secured over $33 million in birth injury settlements, including:
- $12.25 million medical malpractice birth injury settlement
- $11 million medical malpractice birth injury settlement
- $10 million medical malpractice settlement for traumatic birth injury (settled on first day of trial).
Get your free consultation with an experienced birth injury attorney at Willens & Baez. Call us today at (312) 957-4166. We won’t charge any lawyer fees until we win compensation for you.
Understanding Cerebral Palsy
Cerebral palsy represents a collection of conditions that impact a person’s ability to move, maintain balance, and control posture. The condition results from damage to the developing brain, usually before, during, or shortly after birth.
Data from the Centers for Disease Control and Prevention shows that approximately 1 in 345 children in the United States are diagnosed with cerebral palsy. This statistic establishes it as the most prevalent motor disability among children.
Research by the CDC indicates that lifetime care expenses for an individual with cerebral palsy approach $1 million. For all people with CP born in 2000, the combined lifetime costs total $11.5 billion.
Categories of Cerebral Palsy
Cerebral palsy can be classified into four primary categories:
- Spastic cerebral palsy impacts approximately 80% of individuals with cerebral palsy. This type causes muscle stiffness and awkward movements.
- Dyskinetic cerebral palsy involves uncontrolled movements. People with this type have trouble controlling their arms, legs, and sometimes their face and tongue.
- Ataxic cerebral palsy impacts a person’s balance and ability to coordinate movements. Walking becomes unsteady, and fine motor tasks are difficult.
- Mixed cerebral palsy develops when a child displays characteristics of multiple types.
How Birth Injuries Cause Cerebral Palsy
Most cerebral palsy cases stem from brain damage that occurs during pregnancy, labor, or delivery. Research shows that 90% of cerebral palsy cases result from damage during these critical periods.
Lack of Oxygen (Hypoxia)
Insufficient oxygen supply to an infant’s brain represents the primary cause of cerebral palsy. When blood flow and oxygen are cut off, brain cells begin to die within minutes.
Common causes include:
- Umbilical cord problems (cord wrapped around neck, compressed cord)
- Placental issues (placental abruption, placenta previa)
- Uterine rupture
- Maternal bleeding and shock
- Prolonged or difficult labor.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a specific type of brain injury from lack of oxygen and blood flow. According to medical research, as many as 26% of babies with severe encephalopathy eventually develop cerebral palsy.
Signs of HIE in newborns include:
- Need for resuscitation at birth
- Seizures within 24 hours
- Low Apgar scores (0 to 3)
- Breathing difficulties
- Poor muscle tone
- Feeding problems.
Medical Negligence During Delivery
While not all cerebral palsy cases result from medical mistakes, many could have been prevented with proper care. Medical errors that can lead to cerebral palsy include:
- Delayed emergency C-section – When complications arise, doctors must act quickly. Even short delays in performing an emergency C-section can cause brain damage.
- Improper use of delivery tools – Forceps and vacuum extractors can cause head trauma if used incorrectly.
- Failure to monitor fetal distress – Medical teams must watch for signs that the baby is in distress and respond immediately.
- Mismanaging maternal infections – Untreated infections during pregnancy can lead to brain damage in the baby.
- Medication errors – Improper use of labor-inducing drugs like Pitocin can cause dangerous contractions that deprive the baby of oxygen.
Recognizing Cerebral Palsy Symptoms
The symptoms of cerebral palsy differ significantly based on the specific type and how severe the condition is. Early signs may include:
- Delays in reaching motor milestones (sitting, crawling, walking)
- Muscle stiffness or floppiness
- Difficulty with fine motor skills
- Trouble with balance and coordination
- Speech difficulties
- Intellectual disabilities (in about 45% of cases, according to research).
The Long-Term Impact of Cerebral Palsy
Cerebral palsy affects every aspect of a child’s life and creates significant challenges for families:
Medical Costs
Children with cerebral palsy require extensive medical care throughout their lives. According to CDC research, healthcare expenses are ten times greater for children with CP compared to those without the condition.
Treatment needs include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Medications for seizures and muscle spasticity
- Surgical procedures
- Mobility equipment (wheelchairs, walkers, braces)
- Home modifications
- Special education services.
Functional Limitations
According to CDC data:
- 59% of children with cerebral palsy can walk independently
- 8% need mobility aids to walk
- 33% cannot walk and require wheelchairs
- 41% have limitations in crawling, walking, running, or playing
Associated Conditions
Many children with cerebral palsy have additional conditions:
- Epilepsy affects 42% of children with CP
- Intellectual disability affects 45% of children with CP
- Vision problems affect as many as 90% of children with CP
- Hearing impairment affects about 38% of children with CP.
When Medical Malpractice Causes Cerebral Palsy
If your child’s cerebral palsy resulted from medical negligence, you may have grounds for a lawsuit. Common examples of malpractice include:
Failure to Monitor During Labor
Medical teams must continuously monitor both mother and baby during labor. Warning signs that require immediate action include:
- Abnormal fetal heart rate patterns
- Meconium in amniotic fluid
- Prolonged labor
- Signs of fetal distress.
Delayed Response to Complications
When emergencies arise during delivery, time is critical. Delays in performing emergency C-sections or other interventions can result in permanent brain damage.
Improper Management of High-Risk Pregnancies
Some pregnancies require extra monitoring and care. Risk factors include:
- Premature birth
- Low birth weight
- Maternal infections
- Multiple births (twins, triplets)
- Breech presentation.
Medication Errors
Labor-inducing drugs must be used carefully. Excessive doses can cause dangerous contractions that restrict oxygen flow to the baby.
Why Choose Willens & Baez Personal Injury Lawyers, P.C. for Your Cerebral Palsy Case?
Proven Track Record in Birth Injury Cases
Attorney Matthew Willens brings over 25 years of experience handling medical malpractice and birth injury cases. Our firm has secured some of the largest birth injury settlements in Illinois:
- $12.25 million medical malpractice birth injury settlement
- $11 million medical malpractice birth injury settlement
- $10 million medical malpractice settlement for traumatic birth injury (settled on first day of trial).
National Recognition
Matthew Willens has earned recognition as one of the nation’s top personal injury attorneys:
- Selected for the National Association of Distinguished Counsel, an honor for the nation’s top 1% of attorneys
- Illinois Super Lawyer, an accolade given to less than 1% of Illinois lawyers
- AV Preeminent Rating by Martindale-Hubbell for highest level of professional excellence
- Member of the Million Dollar Advocates Forum, limited to attorneys who have obtained million and multi-million dollar verdicts
- Top 100 Civil Plaintiff Trial Lawyers in Illinois by The National Trial Lawyers.
Comprehensive Understanding of Medical Issues
Birth injury cases require deep knowledge of medical procedures and standards of care. Our team works with leading medical experts to:
- Review all medical records thoroughly
- Identify deviations from standard care
- Demonstrate how medical errors caused your child’s injuries
- Calculate the full extent of damages.
Focus on Families
We understand that dealing with a child’s cerebral palsy diagnosis is overwhelming. Our approach focuses on:
- Providing clear explanations of your legal options
- Handling all aspects of your case while you focus on your child
- Fighting for maximum compensation to secure your child’s future
- Working on a contingency fee basis, meaning you pay nothing unless we win.
Types of Compensation Available
If medical negligence led to your child’s CP or cerebral palsy, you may be entitled to substantial compensation for:
Medical Costs
- Past and future medical bills
- Ongoing therapy costs
- Medications and medical equipment
- Surgical procedures
- Home health care.
Care and Support Services
- Special education needs
- Respite care for families
- Home modifications for accessibility
- Transportation modifications.
Lost Income
- Lost wages for parents who must care for their child
- Reduced earning capacity for the child
- Loss of household services.
Pain and Suffering
- Physical pain and discomfort
- Emotional distress
- Reduced quality of life
- Loss of normal childhood experiences.
The Legal Process for Cerebral Palsy Cases
Initial Case Evaluation
Our experienced attorneys will review your case at no cost. We’ll examine:
- Medical records from pregnancy, labor, and delivery
- Your child’s current medical condition
- Whether standard medical care was provided.
Medical Expert Review
We work with leading medical experts who specialize in:
- Obstetrics and gynecology
- Neonatology
- Neurology
- Developmental pediatrics.
These experts help establish whether medical negligence occurred and caused your child’s injuries.
Building Your Case
Our legal team will:
- Gather all relevant medical records
- Interview witnesses
- Consult with medical experts
- Document the full impact of your child’s condition
- Calculate current and future damages.
Negotiation and Trial
Most cerebral palsy cases settle before trial. However, we’re prepared to take your case to trial if necessary to secure fair compensation.
Illinois Laws Affecting Cerebral Palsy Cases
Statute of Limitations
Understanding Illinois time limits for filing cerebral palsy lawsuits is crucial for protecting your family’s rights. While Illinois typically requires medical malpractice claims to be filed within two years of when the injury occurred or should have been discovered, birth injury cases involving children have different rules.
- For children with birth injuries: Illinois provides up to eight years for filing cerebral palsy lawsuits when the condition results from medical negligence during birth. Illinois law codifies these protections in the Medical Malpractice Statute of Limitations, 735 Illinois Compiled Statutes (ILCS) 5/13-212(b)–(c), which provides that if a birth injury leaves a child under a legal disability, the limitations period is tolled (paused) until two years after the disability ends.
- Legal disability exception: When a child has a permanent disability like cerebral palsy, Illinois law may extend the filing deadline until the child’s 22nd birthday under ILCS section 5/13-212.
- Parents’ separate claims: Parents can file their own claims for damages they’ve suffered, which must be brought within two years of discovering (or reasonably discovering) the birth injury.
Don’t wait to seek legal advice. Even if you believe the eight-year deadline has passed, contact an experienced Illinois birth injury attorney. Exceptions may apply to your specific situation that could preserve your right to seek compensation.
Damage Caps
Illinois does not cap or limit damages in medical malpractice cases, which means families can recover full compensation for their losses.
Taking Action for Your Child’s Future
If you suspect that medical negligence contributed to your child’s cerebral palsy, it’s important to act promptly. Early investigation helps preserve evidence and medical records.
Why Time Matters
- Medical records may be destroyed after a certain period.
- Witnesses’ memories fade over time.
- Your child deserves compensation to support their current and future needs.
What We Need to Get Started
To evaluate your case, we’ll need:
- Medical records from pregnancy, labor, and delivery
- Your child’s current medical records
- Information about your child’s current condition and needs.
Contact Willens & Baez Personal Injury Lawyers, P.C.’s Chicago Cerebral Palsy Lawyers Today
Don’t let medical mistakes rob your child of their future. The attorneys at Willens & Baez Personal Injury Lawyers, P.C. have the experience and resources to fight for the compensation your family deserves.
Our Chicago cerebral palsy lawyers are top-rated in handling complex birth injury cases. We’ve helped numerous families secure the financial resources needed to provide lifelong care for children with cerebral palsy, including:
- $12.25 million medical malpractice birth injury settlement
- $11 million medical malpractice birth injury settlement
- $10 million medical malpractice settlement for traumatic birth injury (settled on first day of trial).
Contact Willens & Baez Personal Injury Lawyers, P.C. at (312) 957-4166 today to schedule your complimentary consultation. Our firm represents all cerebral palsy clients using a contingency fee arrangement, meaning you owe us nothing until we successfully resolve your case.
Your child’s future depends on the decisions you make today. Let our experienced legal team help you get accountability from negligent medical providers and secure the resources your child needs for a lifetime of care.
