Chicago Cerebral Palsy Lawyer

Fighting for Fair Compensation for Cerebral Palsy Based on Negligence in Illinois

At Rosenfeld Injury Lawyers, our Chicago cerebral palsy lawyer team has decades of experience representing Illinois families in complex birth injury cases. We have secured substantial compensation in CP lawsuits, helping parents secure the financial resources needed for a child’s lifelong care. 

Our firm understands the medical issues and legal process involved in proving medical negligence, and we are committed to holding health care providers accountable so children with cerebral palsy receive the care, therapy, and support they deserve.

Cerebral Palsy Settlements & Verdicts Recovered by Our Chicago Law Firm

$6,140,000 Settlement – Sarah’s mother went weeks past her due date without proper fetal monitoring at a suburban Chicago hospital. The failure to address maternal risk factors caused dyskinetic CP and low muscle tone.

$20,300,000 Settlement – Leah was delivered at a major Chicago hospital where her OB-GYN failed to respond to clear signs of fetal distress. Oxygen deprivation caused permanent brain damage, leaving her with CP and severe cognitive impairment.

$11,250,000 Settlement – Ethan was born at a Chicago-area medical center after prolonged oxygen loss during labor. Delayed intervention led to spastic CP and permanent disability. His parents faced overwhelming medical expenses and uncertainty about his future.

What Makes Us the Best Cerebral Palsy Attorneys in Chicago

Our top-rated Chicago birth injury lawyers have recovered hundreds of millions of dollars for Illinois families in medical malpractice settlements. Recognized by organizations such as Super Lawyers and the Million Dollar Advocates Forum, our firm combines proven trial results with compassionate client service. We handle complex cases from start to finish, ensuring children with CP receive the compensation they need.

Types of Cerebral Palsy Cases We Handle

Our law firm represents families in all types of CP cases, providing legal guidance and resources to address the lifelong impact of conditions caused by preventable medical errors.

Spastic Cerebral Palsy

Spastic CP is the most common type, characterized by muscle stiffness and difficulty with movement. It often affects fine motor skills and can limit a person’s ability to walk or control muscle coordination.

Dyskinetic Cerebral Palsy

Dyskinetic CP involves involuntary movements, fluctuating muscle tone, and difficulty maintaining posture. Movements may be slow and writhing or rapid and jerky, affecting both the arms and legs.

Ataxic Cerebral Palsy

Ataxic CP causes problems with balance, coordination, and precision of movements. Children may have low muscle tone and difficulty with tasks requiring controlled movements.

Mixed Cerebral Palsy

Some individuals show symptoms from more than one type, such as both spasticity and involuntary movements. This is called mixed CP and can vary in severity depending on the areas of the brain affected.

What Causes Cerebral Palsy Birth Injuries?

Cerebral palsy is typically linked to preventable medical errors during labor and delivery. Common causes include delayed C-sections, failure to monitor fetal oxygen levels, and misuse of birth assisting tools like forceps or vacuum extractors. Other preventable causes include untreated maternal infections and the inability to detect and treat newborn jaundice. Prolonged labor reduces blood flow to the developing brain, which can result in CP and lifelong disabilities.

What Are the Signs and Symptoms of Cerebral Palsy?

Early signs of cerebral palsy can appear in infancy or early childhood. Developmental delays, such as difficulty rolling over, crawling, or walking, may be early indicators. Some children have abnormal muscle tone, appearing either too stiff or too floppy. Poor coordination, balance problems, and difficulty with fine motor skills are also common. Additional symptoms can include speech and swallowing difficulties, as well as seizures. Early recognition of these signs is essential for diagnosis, treatment, and securing the necessary medical and financial support.

What Damages Can Families Recover in a Cerebral Palsy Lawsuit?

Families pursuing a cerebral palsy lawsuit may recover damages to cover the extensive costs of lifelong care. This can include medical bills for ongoing treatment, physical therapy, occupational therapy, and speech therapy. Compensation may also provide for assistive technology, mobility devices, and home modifications to improve accessibility. Non-economic damages, such as pain and suffering, may address the emotional and physical impact on the child’s life. Additionally, claims can seek compensation for the loss of the child’s future earning capacity, ensuring the financial resources needed to support their care and quality of life well into adulthood.

What Is the Average Cerebral Palsy Payout in Chicago?

According to Law.com’s VerdictSearch, cerebral palsy lawsuit payouts in Chicago range from $2,600,000 to $100,673,368, with a median of $19,000,000 and an average of $28,452,546. Factors influencing case value include:

• Severity of the child’s condition and related disabilities
• Lifetime medical and therapy costs
• Need for assistive technology, home modifications, and specialized education
• Loss of quality of life and future earning capacity
• Strength of evidence proving medical negligence
• Expert testimony linking negligence to the child’s injuries

Example Cerebral Palsy Cases Filed in Cook County

$75.9M Verdict – Delayed and Improper Breech Delivery Leads to Brain Injury and CP

In 2018, Hannah Housen was born at the University of Chicago Medical Center following a failed attempt by an unsupervised resident physician to perform an internal podalic version, despite no clinical indication. Misidentification of a hand as a foot led to severe trauma, including shoulder fractures and brachial plexus injury. Hannah was born with significant hypoxia, required emergency brain surgeries, and was later diagnosed with mild cerebral palsy, cognitive impairment, and physical disabilities. A jury found the attending and resident physicians liable for medical malpractice and awarded $75,859,000 in damages for lifelong care needs, lost future earnings, and pain and suffering.

$55.5M Verdict – Excessive Pitocin Use and Delayed C-Section Cause Severe Brain Damage

Shamond Butler was born in 2003 at a Chicago hospital with cerebral palsy following prolonged fetal distress caused by excessive Pitocin administration and delayed delivery. Despite signs of distress, including increased uterine activity and fetal tachycardia, doctors failed to intervene until an emergency C-section nearly nine hours later. Experts testified that continuous Pitocin use and failure to address chorioamnionitis led to hypoxic-ischemic brain injury. At trial, it was shown that Shamond suffers from severe intellectual disabilities and requires full-time care. The jury awarded $55,500,000 in damages, including $22 million for future medical expenses and $3.5 million in lost earning capacity.

$35M Settlement – Delayed C-Section After Uterine Rupture Causes Spastic Quadriplegia

In 1998, Evelyn Arkebauer’s son, Andrew, was delivered at Northwestern Memorial Hospital after a delayed emergency C-section. Medical staff failed to act within the hospital’s standard 30-minute window after ordering surgery, partly due to the attending anesthesiologist failing to respond to multiple pages. A uterine rupture occurred before surgery began, and Andrew was born with severe brain damage. He was later diagnosed with spastic quadriplegia cerebral palsy and is entirely dependent on others for care. A Cook County judge approved a $35,000,000 settlement after closing arguments, covering lifetime care, medical costs, and future lost wages.

Why You Need a Cerebral Palsy Attorney

Birth injury cases involving cerebral palsy are complex and require the skill of an experienced CP lawyer. Proving medical negligence often depends on the testimony of pediatric neurologists, obstetricians, and life care planners who can explain how medical errors caused a child’s injuries and what care will be needed for life. Our medical malpractice law firm in Chicago has the resources to investigate medical records, question witnesses, and work with top medical professionals. We are prepared to take on large hospital systems and their insurance companies, fighting to secure compensation for children with CP and the families who care for them.

How Common Is Cerebral Palsy?

Cerebral palsy statistics reveal about 1 in 345 children in the United States have been identified with CP, according to the CDC’s Autism and Developmental Disabilities Monitoring Network. The prevalence is higher in children born prematurely or with a low birth weight. CP is often not diagnosed until a child is around two to three years old, when developmental delays become more apparent. According to the American Pregnancy Association, 500,000 children and adults in the United States live with cerebral palsy.

Where Do Cerebral Palsy Brain Injuries Happen Most Often in Chicago?

Many cerebral palsy birth injury cases in Chicago involve deliveries at some of the city’s largest and most respected medical facilities. These include Northwestern Memorial Hospital and its affiliated Prentice Women’s Hospital, the University of Chicago Medical Center, and Ann & Robert H. Lurie Children’s Hospital. While these institutions have skilled professionals and advanced medical equipment, errors can still occur during labor and delivery. Failures in monitoring, delayed C-sections, improper use of delivery tools, and other mistakes can lead to brain injuries that cause CP.

What Illinois Laws Govern Cerebral Palsy Claims?

Illinois medical malpractice cases are governed under the Illinois Code of Civil Procedure (735 ILCS 5/2‑622). This statute requires plaintiffs to file, along with their complaint, a certificate of merit from a qualified healthcare professional. The certificate must state that the expert has reviewed the facts of the case and believes there is a reasonable and meritorious basis for filing the claim.

In LeBron v. Gottlieb Memorial Hospital (2010), the Illinois Supreme Court struck down the state’s 2005 cap on non-economic damages in medical negligence cases. Citing Best v. Taylor Machine Works as precedent, the court held that the cap violated the separation of powers doctrine by infringing on the judiciary’s authority to determine compensation in individual cases.

How Long Do I Have to File a Cerebral Palsy Lawsuit in Illinois?

The cerebral palsy statute of limitations is governed by 735 ILCS 5/13-212. Most Illinois medical malpractice lawsuits, including CP cases, must be filed within two years of discovering the injury, but no later than four years after the negligent act or omission occurred, with exceptions for minors.

Who Is Liable for a Child’s Cerebral Palsy in Illinois?

In Illinois, liability for a child’s cerebral palsy may rest with any healthcare provider whose negligence during pregnancy, labor, or delivery contributed to the injury. Obstetricians may be held responsible for failing to monitor distress or delaying a necessary C-section. Nurses can be liable for improper monitoring or not alerting physicians to concerning changes in fetal vital signs. Hospitals may face liability for inadequate staffing, training, or supervision. Anesthesiologists could be responsible if delays or errors in anesthesia contributed to the injury. Other healthcare providers involved in prenatal care, delivery, or immediate newborn treatment may also share responsibility.

Common Defenses in Cerebral Palsy Birth Injury Cases

In CP birth injury cases, defense teams often argue that the condition was caused by genetic factors rather than medical negligence. They may claim the injury was unavoidable or dispute when the brain damage occurred, suggesting it happened before labor began. Our Chicago cerebral palsy attorneys counter these defenses with detailed medical records, fetal monitoring data, and testimony from leading pediatric neurologists, obstetricians, and other experts. By carefully reviewing delivery timelines, oxygen levels, and fetal distress indicators, we can demonstrate how errors during labor and delivery directly caused the child’s cerebral palsy, strengthening the case for full compensation.

How to Strengthen Your Cerebral Palsy Case in Chicago

To strengthen a cerebral palsy case in Chicago, it’s important to gather complete medical records from pregnancy through delivery, including monitoring strips and imaging studies. Statements from witnesses, such as nurses or family members present during the birth, can provide valuable context about what happened. Keeping a detailed journal of your child’s developmental challenges, therapies, and medical appointments helps document the long-term impact. These steps create a strong foundation for proving negligence and securing fair compensation.

How a Chicago Cerebral Palsy Attorney Can Help

A Chicago CP attorney plays a critical role in securing justice and compensation for affected families. We investigate potential medical negligence by reviewing prenatal, labor, and delivery records and consulting with medical experts to determine where standards of care were breached. Our team files lawsuits against hospitals, doctors, and other responsible healthcare providers. We collaborate with life care planners to calculate the lifetime costs of medical care, therapy, and support services. Whether through skillful negotiation or presenting a compelling case in court, we fight to obtain the financial compensation families need to support their child’s long-term needs.

Other Cerebral Palsy Resources in Cook County

Families in Cook County have access to several organizations that provide support, education, and advocacy for individuals with cerebral palsy:

• UCP Seguin of Greater Chicago – Offers programs, residential services, and resources for children and adults with developmental disabilities, including cerebral palsy.
• Cerebral Palsy Research Registry – Connects individuals with CP to research studies aimed at improving treatment and quality of life.
  Cure CP – A national nonprofit funding research to prevent and treat cerebral palsy, while supporting affected families.

FAQs

How do I prove my child’s cerebral palsy diagnosis was due to medical malpractice?

To prove your child’s diagnosis was caused by medical malpractice, you must show the healthcare provider owed a duty of care, breached that duty through negligent actions, and that this breach directly caused the brain damage. You must also demonstrate measurable damages, such as medical expenses and lifelong care needs.

How long does a cerebral palsy case take to resolve?

The timeline for a cerebral palsy case in Chicago can range from one to several years. Factors include the complexity of the medical evidence, the willingness of the defendants to settle, and court scheduling.

How long do children with cerebral palsy live?

Life expectancy for children with cerebral palsy varies widely depending on severity, associated conditions, and quality of care. Many individuals with mild to moderate CP have normal or near-normal lifespans, while those with severe impairments may have reduced life expectancy.

What is the cost of living with CP?

Lifetime costs for an individual with cerebral palsy can exceed $1 million, not including lost income for caregivers. The financial impact varies based on the severity of the condition and the resources available.

Can I recover other forms of financial assistance?

Yes. In Illinois, children with cerebral palsy may qualify for Supplemental Security Income (SSI) if their family meets income and resource limits. Adults with CP who cannot work may be eligible for Social Security Disability Insurance (SSDI) based on their work history or a parent’s record. These benefits can help cover daily living expenses, medical costs, and support services, supplementing any settlement or verdict from a cerebral palsy lawsuit.

How much does a Chicago cerebral palsy lawyer cost?

Our Chicago cerebral palsy lawyers work on a contingency fee basis, meaning there are no upfront legal fees. You only pay if we secure compensation through a settlement or verdict.

Consult a Chicago Cerebral Palsy Lawyer Near You!

If your child’s CP was caused by medical negligence, Rosenfeld Injury Lawyers can help you pursue justice and financial compensation. Our Chicago personal injury lawyers have years of experience handling birth injury cases and have recovered millions for families across Illinois. From our Chicago office, we represent clients statewide, combining legal skill with compassionate support. Call us at (888) 424–5757 or fill out our contact form for a free consultation to learn how we can protect your rights and your child’s future.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.