Birth Injury

 Birth injuries are physical injuries caused during the birthing and delivery process. The cause of birth injuries can be diverse and complex and is unique to your family’s situation. Some birth injuries are unavoidable in an attempt to deliver the baby as safely as possible. However, it is estimated that approximately 28,000 birth injuries each year are avoidable and result from medical negligence during childbirth. Birth injury rates have fluctuated over recent decades, but the probability of birth injury has increased with the introduction of advanced tools like vacuums and forceps. 

Birth injuries fall into three primary categories, according to the Birth Injury Help Center.

• Orthopedic Injuries
• Nerve Injuries
• Brain Damage

Orthopedic Birth Injuries can include joint, bone, and nerve injuries that most commonly occur during delivery. The most common orthopedic birth injuries are: 

• Femur fractures
• Growth plate fractures
• Brachial plexus injuries 
• Clavicle fractures 

Fractures are sometimes treated for only a few weeks or months. Brachial plexus injuries are also known as Erb’s Palsy, damage to the nerves at the base of the baby’s neck. Erb’s Palsy can result in some level of paralysis in the affected arm and some level of physical disability. 

Nerve Birth Injuries most commonly seen are facial nerve injury, or brachial plexus injuries. Erb’s Palsy can be described in both categories as its damage originates in the group of nerves that supplies the arms and hands and can impact their physical use. The Birth Injury Help Center lists common nerve birth injuries including: 

• Bell’s Palsy 
• Horner’s Syndrome 
• Klumpke’s Palsy (similar to Erb’s Palsy) 

Brain Damage Birth Injuries can range in severity and cause. Many birth injuries that classify as brain damage have to do with blood and oxygen supply in the brain — either too much or too little. In addition to blood and oxygen, other fluids like spinal fluid can enter cavities of the brain, most commonly known as Hydrocephalus. The most common type of serious birth injury is cerebral palsy, a disability in which the brain cannot properly control body and muscle movement due to severe damage. According to the Birth Injury Help Center, the most common type of brain damage that results in cerebral palsy occurs when there’s a temporary interruption to the supply of oxygen to the baby’s brain. 

According to Forbes, the average birth injury settlements range from $420,500 to $510,000. However, there have been exceptions to this rule in recent years. A Mississippi woman was awarded $2.5 million in 2021 for severe birth-related injuries and similar lawsuits could see similar results in the future. As more victims come forth after these favorable rulings, similar settlements could become more common as time goes on.