No legal process can undo the trauma of a catastrophic birth injury. However, for families facing lifelong medical needs, a successful legal claim can provide financial stability and access to critical care. In Arizona, the average settlement or court award for catastrophic birth injury cases is approximately $1 million, though many cases resolve for significantly more depending on the severity of the injury and long-term costs.
Catastrophic birth injuries often include cerebral palsy, Erb’s palsy, traumatic brain injury (TBI), hypoxic-ischemic encephalopathy (HIE), and spinal cord damage. A claim handled by an experienced Phoenix birth injury lawyer or Phoenix medical malpractice attorney can help secure compensation for lifelong medical treatment, therapy, special education, and assistive care, while easing the overwhelming financial burden on Arizona families.
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How Much Is a Catastrophic Birth Injury Case Worth In Arizona?
What Causes Catastrophic Birth Injuries In Arizona?
When a doctor or medical practitioner fails to correctly diagnose and promptly address and treat a complication during labor and delivery, the result may be a birth injury. Birth injuries range from mild, fully recoverable bruises or abrasions to catastrophic birth injuries leaving a child with a disability, or causing impairment, shortened life expectancy, or death. The most common causes of catastrophic birth injury in Arizona or elsewhere include the following:
- Hypoxia, or lack of oxygen to the baby’s brain
- Hypoxic-ischemic encephalopathy (HIE)
- Nerve damage, including brachial plexus injuries
- Spinal cord injuries
- Umbilical cord or placental complications
- Prolonged or obstructed labor
- Improper use of forceps or vacuum extractors
- Unsafe delivery maneuvers
- Failure to order or delays in performing a C-section
- Improper or ignored fetal monitoring
Although most birth injuries begin with a natural complication, a medical provider’s negligence in failing to recognize, diagnose, and correctly treat the complication promptly is medical malpractice.
Types of Birth Injuries
Nearly 3 in every 1,000 births result in a birth injury; fortunately, most are not severe or life-altering, but the statistics do not help anguished parents when faced with a catastrophic birth injury’s impacts on their child. The most common types of birth injuries include the following:
- Cephalohematoma, or blood pooling beneath the scalp
- Intracranial hemorrhage, including brain bleeds
- Erb’s palsy, causing paralysis or weakness of the arm
- Facial nerve paralysis
- Fractures of the clavicle, femur, or upper arm
- Hypoxic-ischemic encephalopathy (HIE)
- Spinal cord injuries, potentially causing paralysis
When a child suffers a traumatic brain injury due to a lack of oxygen, such as HIE, or nerve damage with permanent paralysis, such as Erb’s palsy or a spinal cord injury with paralysis, parents have the right to seek full and fair compensation for their child’s lifelong expenses and non-economic damages.
What Can I Recover In a Catastrophic Birth Injury Claim In Arizona
Although the average catastrophic birth injury settlement is around $1 million, total compensation varies widely. A skilled Phoenix birth injury lawyer can pursue damages such as:
- Past and future medical expenses
- Ongoing therapy and rehabilitation
- Special education and developmental services
- Assistive devices and home modifications
- A parent’s lost wages or reduced earning capacity
- A child’s pain and suffering
- Emotional distress and mental anguish of parents
- Loss of quality of life
These cases are about securing lifetime care, not just immediate expenses.
Does Arizona Cap or Limit Birth Injury Settlements?
Unlike some states, Arizona does not limit or cap birth injury settlements or court awards for damages. Under Arizona Article 18 Section 31, the law states the following:
“No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person …”
There is no cap on the damages recoverable by the family of a birth-injured child.