Most children with CP are diagnosed a year or more after birth, long after anyone thought to ask whether the injury was preventable.
BOSTON, MA / ACCESS Newswire / September 18, 2026 / The Birth Injury Justice Center is urging families of children with cerebral palsy (CP) to have their labor and delivery records reviewed. Those records may show whether the brain injury that caused CP could have been prevented. The organization’s registered nurses and legal team obtain and review the records at no cost to families.
According to the Centers for Disease Control and Prevention, 85% to 90% of cerebral palsy cases are congenital, meaning the abnormal brain development or damage occurred before or during birth. In some of those cases, the damage was caused by medical negligence. For those children, the delivery room record is often where the answer lies.
“Cerebral palsy is almost never diagnosed at birth. It shows up in a neurology office a year or two later, and by then the delivery feels like ancient history,” said a representative for the Birth Injury Justice Center. “Nobody sits the family down and walks them through what the record shows. It still exists, and families have a legal right to see it.”
Delivery room negligence can include failing to respond to fetal distress, leading to oxygen deprivation and hypoxic-ischemic encephalopathy (HIE), a top cause of CP.
Labor and delivery records may include fetal monitoring strips, nursing notes, physician orders, Apgar scores, and cord blood gas results that can show signs of fetal distress and how providers responded.
Most children with cerebral palsy are diagnosed between 12 and 18 months of age, and some later. Because filing deadlines vary and may be extended for children, families should not assume it is too late to have a potential claim reviewed.
Recent verdicts show what is at stake. In March 2025, a Missouri jury awarded $48.1 million for a child diagnosed with CP after an obstetrician allowed the mother to push for more than 12 hours despite signs of fetal distress.
Cerebral palsy settlements average over $2.5 million, with results varying based on the severity of the condition and projected lifetime care costs.
For a free case review with an experienced registered nurse, visit childbirthinjuries.com.
About Birth Injury Justice Center: Founded in 2003, Birth Injury Justice Center is dedicated to educating and empowering families affected by preventable birth injuries. With registered nurses on staff and a national network of experienced birth injury attorneys, the organization has helped families recover over $1.1 billion in compensation for injuries that should never have happened. Birth Injury Justice Center helps families understand what went wrong, know their legal rights, and pursue the accountability and support their child deserves.
CONTACT:
Beth Carter
(855) 346-6101
nurse_beth@childbirthinjuries.com
1330 Boylston St., Suite #400
Chestnut Hill, MA 02467
SOURCE: Birth Injury Justice Center
View the original press release on ACCESS Newswire
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