Video Transcript

A birth injury lawsuit is a lawsuit that is brought because the child was injured during labor and delivery. It is brought typically by the parents on behalf of the child, both for the child’s injury and for their pain and suffering related to what they go through as parents for the additional care that is required for their child above and beyond that of a typical child. It can include Hypoxic-ischemic encephalopathy, which is basically a brain injury caused by lack of oxygen to the child’s brain. It can be a shoulder injury, sometimes called Erb’s palsy, that is caused by nerve injury. That makes what it used to be called a flail arm, but basically means the child now does not have the use of the arm that he would have had but for the negligence. So there are a number of different types of injuries, but the lawsuit must be brought on behalf of the child because that is the injured party.