The birth of a child should be a joyful milestone—but for some families, it becomes the start of a heartbreaking legal journey due to an injury caused by medical negligence, a defective product, or unsafe hospital practices. In 2025, infant injury lawsuits are rising as more parents become aware of their legal rights.
If your newborn suffered harm before, during, or after delivery, you may be entitled to financial compensation. This guide explains how infant injury lawsuits work, what common causes lead to claims, and what new parents can expect throughout the legal process.
What Is an Infant Injury Lawsuit?
An infant injury lawsuit is a legal action taken by the parents or guardians of a newborn who suffered harm due to another party’s negligence or misconduct. These cases are typically filed against:
- Hospitals
- Doctors, nurses, or midwives
- Product manufacturers (e.g., formula or medical devices)
- Pharmaceutical companies
- Medical staff providing postnatal care
The goal is to seek compensation for damages like medical bills, emotional suffering, long-term care costs, and—in tragic cases—wrongful death.
Common Types of Infant Injury Lawsuits
Several scenarios may give rise to a valid lawsuit. The most common include:
Birth Injuries:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Brain damage from lack of oxygen (hypoxia)
- Skull fractures or facial nerve trauma
- Shoulder dystocia due to delivery complications
NICU Negligence or Malpractice:
- Failure to diagnose infection
- Inadequate monitoring of premature infants
- Improper ventilation or feeding
- Delayed treatment of complications like jaundice or NEC
Product Liability (Dangerous Products or Drugs):
- NEC caused by Similac or Enfamil formula
- Birth defects from Zofran or Depakote taken during pregnancy
- Defective baby monitors, swings, or sleep devices
Wrongful Death Claims:
- Medical mistakes leading to fatal injuries
- Unsafe equipment or devices used during delivery
- Failure to perform an emergency C-section
Each of these cases may involve unique legal paths, but all share a focus on holding negligent parties accountable for harm caused to a vulnerable newborn.
How Do You Know If You Have a Valid Claim?
You may have grounds for a lawsuit if:
- Your child suffered a serious injury or disability
- The injury occurred during labor, delivery, or shortly after birth
- You suspect medical error, delayed action, or unsafe products contributed to the harm
- A healthcare provider or hospital has not clearly explained what went wrong
- Your baby required emergency surgery, NICU care, or long-term therapy
- The injury has affected your child’s development, hearing, mobility, or brain function
If you’re unsure, a qualified medical malpractice or mass tort attorney can help review medical records and consult experts to determine liability.
Who Can Be Held Liable?
Depending on the cause of injury, different parties may be responsible, including:
| Type of Party | Example |
|---|---|
| Medical Professionals | OB/GYN fails to monitor fetal distress |
| Hospital or Birthing Center | Staff shortages or poor sterilization practices |
| Drug Companies | Medications causing birth defects when taken during pregnancy |
| Formula Manufacturers | Products linked to NEC in preemies |
| Device Manufacturers | Defective infant warmers, breathing equipment, or monitors |
In some cases, more than one party may share responsibility and be named in the lawsuit.
What Compensation Can Parents Receive?
A successful infant injury lawsuit may award financial compensation for:
| Damage Type | Examples |
|---|---|
| Medical Expenses | NICU stays, surgeries, therapies, medications |
| Future Medical Costs | Long-term care for disabilities or developmental delays |
| Emotional Distress | Parental trauma, anxiety, grief |
| Loss of Earning Potential | Child’s future ability to work and live independently |
| Pain and Suffering | Infant’s physical and emotional pain |
| Wrongful Death Damages | Funeral costs and loss of companionship |
Parents may also seek punitive damages in cases of gross negligence or misconduct.
How to File an Infant Injury Lawsuit
Step 1: Contact a Birth Injury or Infant Litigation Attorney
Look for attorneys who specialize in medical malpractice, pediatric injury, or product liability. Most offer free consultations and work on a contingency basis, meaning you pay nothing upfront.
Step 2: Collect Your Medical Records and Timeline
Include prenatal care, delivery notes, NICU reports, surgical summaries, and specialist evaluations. A clear timeline helps show when and how the injury occurred.
Step 3: Get a Medical Expert Review
Attorneys may bring in medical experts to examine the records and determine if the injury was preventable.
Step 4: File the Claim and Begin Discovery
The legal team will prepare the case, request additional documents, interview witnesses, and engage with opposing counsel.
Step 5: Negotiate Settlement or Proceed to Trial
Many infant injury cases settle out of court, but if the offer isn’t sufficient, the case may go to trial to secure maximum compensation.
What If the Injury Occurred Years Ago?
Some injuries—like cerebral palsy or developmental delays—may not be fully diagnosed until years after birth. Fortunately, many states extend the statute of limitations for children, allowing lawsuits to be filed within a certain number of years after discovery, not just the birth date.
That said, legal timelines differ by state. It’s best to speak with a lawyer promptly, especially if your child is now 1–5 years old and new issues have emerged.
Are Lawsuits Filed as Class Actions?
Infant injury cases are typically individual lawsuits or grouped into mass torts when related to a specific product, like Similac NEC cases. Medical malpractice suits are almost always pursued one-on-one.
This allows each family’s unique story, damages, and costs to be considered in determining compensation.
Final Thoughts
Caring for a child with a birth injury is emotionally and financially overwhelming—but you don’t have to face it alone. If negligence or a dangerous product played a role, the law offers a path to accountability, resources, and justice.
Filing an infant injury lawsuit may help cover critical care costs, support your child’s future, and push for safer practices that protect other families. In 2025, more parents are stepping forward—and so can you.