Cerebral palsy is one of the most common childhood motor disabilities, affecting approximately 1 in 345 children in the United States. While cerebral palsy has multiple causes, a significant percentage of cases result from preventable birth injuries—particularly oxygen deprivation during labor and delivery. Understanding this connection is crucial for families seeking answers and justice.
What Is Cerebral Palsy?
Cerebral palsy (CP) is a group of permanent movement disorders caused by damage to the developing brain. The term “cerebral” refers to the brain, while “palsy” means weakness or problems with muscle control. CP affects muscle tone, movement, coordination, and posture.
Cerebral palsy is not a disease—it’s a condition resulting from brain damage that occurs before, during, or shortly after birth. While the brain injury itself doesn’t worsen over time, the physical manifestations may change as the child grows.
Types of Cerebral Palsy
Spastic Cerebral Palsy (70-80% of cases) – Characterized by stiff, tight muscles and exaggerated reflexes. Movement appears jerky or awkward. Spastic CP is further classified by which limbs are affected:
- Spastic hemiplegia – One side of the body affected
- Spastic diplegia – Primarily legs affected
- Spastic quadriplegia – All four limbs affected (most severe form)
Dyskinetic Cerebral Palsy (6% of cases) – Characterized by involuntary movements, fluctuating muscle tone, and difficulty controlling movement. May include athetoid (slow, writhing) or dystonic (twisting, repetitive) movements.
Ataxic Cerebral Palsy (6% of cases) – Characterized by problems with balance, coordination, and depth perception. Movements appear shaky or unsteady.
Mixed Cerebral Palsy – Combination of two or more types, most commonly spastic-dyskinetic.
How Birth Injuries Cause Cerebral Palsy
The developing brain is extremely vulnerable to injury. When brain cells are damaged or destroyed—particularly those controlling motor function—cerebral palsy can result. The most common birth-related cause is hypoxic-ischemic encephalopathy (HIE), brain damage from oxygen deprivation.
Oxygen Deprivation (Hypoxia/Asphyxia)
When a baby’s brain doesn’t receive adequate oxygen during labor and delivery, brain cells begin dying within minutes. Common causes include:
- Umbilical cord problems – Cord prolapse, compression, or true knots
- Placental abruption – Placenta separating from the uterine wall
- Uterine rupture – Tearing of the uterus during labor
- Prolonged labor – Extended stress causing fetal distress
- Shoulder dystocia – Shoulder stuck during delivery
- Delayed emergency cesarean – Failure to deliver baby promptly when distressed
Trauma During Delivery
Physical trauma to the baby’s head can cause brain bleeding or damage:
- Improper forceps use – Excessive force or incorrect placement
- Vacuum extractor injuries – Intracranial hemorrhage from suction
- Difficult extraction – Aggressive pulling during delivery
Infection
Untreated maternal infections can affect the developing brain:
- Chorioamnionitis – Infection of the fetal membranes
- Group B streptococcus (GBS) – Bacterial infection passed during delivery
- Meningitis – Infection spreading to the brain and spinal cord
Jaundice/Kernicterus
Severe, untreated jaundice allows bilirubin to accumulate in the brain (kernicterus), causing permanent damage that can result in athetoid cerebral palsy.
When Birth Injuries Are Preventable
Many birth injuries leading to cerebral palsy result from preventable medical errors:
Failure to monitor fetal distress – Not recognizing or responding to abnormal fetal heart rate patterns that indicate oxygen deprivation.
Delayed cesarean delivery – Waiting too long to perform emergency C-section when signs of distress are present.
Improper use of Pitocin – Overstimulating the uterus, causing contractions that compress the umbilical cord and reduce oxygen delivery.
Mismanagement of shoulder dystocia – Using excessive force instead of proper maneuvers, causing both brachial plexus injury and prolonged oxygen deprivation.
Failure to treat infection – Not testing for or treating maternal infections that can affect the baby.
Inadequate neonatal care – Failure to provide proper resuscitation or therapeutic hypothermia (cooling therapy) after birth asphyxia.
Signs of Cerebral Palsy in Infants
Early signs may include:
- Delays in reaching motor milestones (rolling over, sitting, crawling, walking)
- Abnormal muscle tone—too stiff or too floppy
- Favoring one side of the body
- Difficulty with feeding or swallowing
- Persistent fisting (keeping hands clenched)
- Abnormal reflexes or postures
- Difficulty with fine motor skills
Cerebral palsy is typically diagnosed between 18 months and 2 years of age, though severe cases may be identified earlier. Some milder forms aren’t diagnosed until age 4 or 5.
Associated Conditions
Children with cerebral palsy often have co-occurring conditions:
- Intellectual disability – Present in about 50% of cases
- Epilepsy/seizures – Affects about 40% of children with CP
- Speech and communication disorders – Difficulty speaking clearly
- Vision problems – Including cortical visual impairment
- Hearing loss – More common in dyskinetic CP
- Feeding difficulties – May require feeding tubes
- Behavioral and emotional challenges – Anxiety, ADHD features
Lifetime Costs of Cerebral Palsy
The economic impact of cerebral palsy is substantial. According to the CDC, the average lifetime cost for individuals with CP exceeds $1 million, including:
- Medical care (physician visits, hospitalizations, medications)
- Therapy services (physical, occupational, speech therapy)
- Assistive devices (wheelchairs, walkers, communication devices)
- Home modifications for accessibility
- Special education services
- Personal care assistance
- Lost productivity and earnings
For severe cases requiring 24-hour care, lifetime costs can reach $10 million or more.
Proving Medical Negligence Caused Cerebral Palsy
Under the Illinois Medical Malpractice Act (735 ILCS 5/2-622), birth injury claims require:
- Certificate of merit – A qualified physician must certify the claim has merit
- Expert testimony – Medical experts must establish standard of care, breach, and causation
- Demonstrated causation – Evidence that birth injury, not other factors, caused the CP
These cases require careful analysis of fetal monitoring strips, medical records, and imaging studies. Experts in obstetrics, neonatology, pediatric neurology, and neuroradiology help establish the timing and cause of brain injury.
Statute of Limitations
Illinois provides extended time for birth injury claims involving minors. Under 735 ILCS 5/13-212, claims must generally be filed within 8 years of the negligent act. However, investigating early is important while evidence is available and memories fresh.
Contact an Illinois Cerebral Palsy Attorney
If your child has cerebral palsy and you suspect a birth injury may be the cause, contact Phillips Law Offices for a free case evaluation. We work with medical experts to investigate the circumstances of delivery and determine whether medical negligence caused your child’s condition.
Call Phillips Law Offices at (312) 598-0917. We handle birth injury cases on contingency—you pay nothing unless we recover compensation for your family.