Malpractice payouts for cerebral palsy (CP) are among the highest in the category of birth injury claims, often topping settlements and verdicts for other types of birth injuries. Cerebral palsy, a group of permanent movement disorders caused by brain damage or abnormal brain development before, during, or shortly after birth, frequently results from medical negligence such as delayed C-sections, failure to monitor fetal distress, or improper management of labor complications. Because CP leads to lifelong disabilities requiring extensive medical care, therapy, and adaptive equipment, the financial compensation awarded in malpractice cases tends to be substantial.
The average settlement for cerebral palsy lawsuits is generally around **$1 million**, but this figure can vary widely depending on the severity of the injury, the degree of negligence, and the expected lifetime medical costs for the child[1][3]. In many cases, settlements reach **multi-million dollar amounts**, reflecting the profound impact of CP on the child and family. For example, some notable settlements include awards of **$16 million in Illinois**, **$11.5 million in Virginia**, and **$9.95 million in California**[1]. Other recent payouts have ranged from **$4 million to over $10 million** in various states, underscoring the high stakes involved in these cases[2][5].
When compared to other birth injuries, cerebral palsy settlements often surpass those for conditions such as brachial plexus injuries or less severe neurological impairments. For instance, a birth injury case involving brachial plexus nerve damage might result in settlements around **$5 million**, which is significant but generally lower than the top CP payouts[4]. This difference is largely due to the extensive and lifelong care required for children with cerebral palsy, including physical therapy, surgeries, assistive devices, and special education, which drive up the economic damages calculated in lawsuits.
Recent birth injury settlements in 2025 highlight the scale of compensation awarded for cerebral palsy caused by medical negligence. One case in Utah resulted in a staggering **$951 million** payout after negligent care during delivery caused permanent brain damage and lifelong disabilities[4]. Other large awards include **$29 million** in Wisconsin and **$18 million** for a child who developed hypoxic-ischemic encephalopathy (HIE) and CP after delayed C-section despite clear fetal distress[4]. These figures illustrate how courts and insurers recognize the profound and permanent impact of CP compared to other birth injuries.
Most cerebral palsy lawsuits are resolved through out-of-court settlements, which allow families to receive compensation more quickly and avoid the uncertainty of a trial[2]. Experienced birth injury lawyers play a crucial role in securing maximum settlements by thoroughly documenting the medical negligence and projecting the child’s future care needs. Legal teams specializing in CP cases have collectively recovered over **$1 billion** for families nationwide, demonstrating both the frequency and financial magnitude of these claims[1][5].
In summary, malpractice payouts for cerebral palsy generally top those for other birth injuries due to the severity, permanence, and extensive care requirements associated with CP. While the average settlement hovers around $1 million, many cases result in multi-million dollar awards, reflecting the lifelong impact on affected children and their families.
—
Sources:
[1] childbirthinjuries.com, Cerebral Palsy Settlements, 2025
[2] childbirthinjuries.com, Cerebral Palsy Lawsuit, 2025
