Birth Injury

A birth injury is damage that happens during the process of labor and delivery. Some are minor and heal on their own, such as bruising or swelling of the scalp. Others are serious and permanent. Common birth injuries include:

• Brachial plexus injuries, including Erb's palsy, where the nerves running from the neck to the arm are stretched or torn, often when a baby's shoulder gets stuck during delivery.
• Brain injury from lack of oxygen, which can lead to cerebral palsy, seizures, and developmental problems.
• Fractures, most often of the collarbone.
• Injuries from delivery tools such as forceps and vacuum extractors.

Outcomes vary. The National Institute of Neurological Disorders and Stroke notes that brachial plexus injuries can happen to babies during birth and that some children injured during birth improve or recover on their own by 3 to 4 months of age, while more severe injuries may need surgery.

A birth injury is not always someone's fault. Legal claims usually allege medical malpractice: that the delivery team failed to anticipate risks such as a very large baby, missed signs of fetal distress on the heart monitor, used excessive force, or waited too long to perform a cesarean section. These are individual lawsuits, not class actions, and they depend heavily on medical records and expert review. States set their own filing deadlines and caps, and many give extra time for injuries to minors.

Some newborn injury claims involve products instead of care, such as lawsuits over premature infant formula and NEC. For how injury cases differ from class actions, see class action vs. individual lawsuit. This page is general information, not medical advice.