If your child was diagnosed with cerebral palsy after a difficult birth, you may be wondering whether something went wrong during delivery and whether someone is responsible. You are not alone. According to the CDC, about 1 in 345 children in the United States has been identified with cerebral palsy, making it the most common motor disability of childhood. Not every case is caused by medical error, but when it is, New York families have the right to seek compensation.
Porter Law Group represents New York families whose children who suffered birth injuries because of preventable errors during labor and delivery. Our cerebral palsy attorneys handle every step of the process, from reviewing medical records to fighting for a fair recovery in court or settlement.
Prior results do not guarantee a similar outcome.
Why Choose Porter Law Group for Cerebral Palsy Cases in New York?
Cerebral palsy cases are among the most complex birth injury claims a family can bring. They involve multiple medical specialties, massive lifetime costs, and a legal process that can take years. You need a team that understands all of it.
Porter Law Group has recovered more than $500 million for seriously injured clients since 2009, including multiple pediatric recoveries exceeding $8 million for children who suffered permanent brain damage during labor and delivery.
Led by Harvard-educated attorney Michael S. Porter, a former U.S. Army JAG Corps Captain with over 20 years of trial experience, the firm retains maternal-fetal medicine specialists, neonatologists, pediatric neurologists, neuroradiologists, life care planners, and vocational economists to document the mechanism of injury and the cost of a lifetime of therapy, equipment, and custodial care.
“A cerebral palsy case is won on the medical record, not on emotion. The fetal heart tracings, the umbilical cord blood gases, the timing of decisions about cesarean delivery, the neonatal MRI patterns, and the placental pathology together tell a story about whether the brain injury was preventable. When the chart shows a non-reassuring fetal heart pattern that went unaddressed for an hour, or a cesarean that should have been called and was not, the case becomes very strong.”
Michael S. Porter, J.D., Porter Law Group
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What Is Cerebral Palsy?
Cerebral palsy (CP) is a permanent group of disorders affecting movement, posture, and muscle tone caused by non-progressive damage to the developing brain before, during, or shortly after birth. The injury itself does not get worse over time, but its functional consequences evolve as the child grows. According to the National Institute of Neurological Disorders and Stroke (NINDS), cerebral palsy is the leading cause of childhood physical disability in the United States.
Clinicians classify cerebral palsy by the type of movement disorder involved. Spastic CP accounts for roughly 80% of cases and produces stiff muscles and exaggerated reflexes. Dyskinetic (athetoid) CP causes involuntary writhing or jerking movements. Ataxic CP involves poor balance and coordination. Mixed CP combines features of more than one type, most commonly spastic and dyskinetic together.
Cerebral palsy is also classified by which limbs are affected. Hemiplegia affects one side of the body, diplegia affects both legs more than the arms, and quadriplegia affects all four limbs and is typically the most severe presentation. Many children with cerebral palsy have co-occurring conditions: per CDC data, about 4 in 10 children identified with CP through the ADDM Network in 2010 also had epilepsy, and many experience intellectual disability, vision or hearing impairment, and feeding difficulties.
What Causes Cerebral Palsy in New York Hospitals?
Most cerebral palsy is caused by a brain injury that occurred before or during birth. A portion of these cases are linked to errors made during labor and delivery, though the exact percentage is debated among medical researchers. Leading medical references estimate that between 15% and 24% of cerebral palsy cases in full-term infants may be related to oxygen deprivation during the birth process.
When a birth injury is involved, the most common preventable causes include:
Failure to monitor or respond to signs of fetal distress. Hospitals are required to monitor a baby’s heart rate during labor. When warning signs appear on the monitor, such as a dropping or irregular heart rate, providers must act quickly. If they do not, the baby can be deprived of oxygen long enough to cause permanent brain damage.
Delayed cesarean delivery. When a baby is in distress and a C-section is needed, there is an accepted standard for how fast the surgery must happen. When providers take too long to act, the resulting oxygen deprivation can lead to cerebral palsy.
Improper use of forceps or vacuum extractors. These tools help deliver a baby during a difficult labor, but they must be used correctly. Misuse can cause skull fractures, bleeding in the brain, or other serious head injuries.
Mismanagement of umbilical cord problems. A cord that wraps around the baby’s neck, prolapses, or becomes compressed can cut off the oxygen supply. Immediate action, often an emergency C-section, is required.
Untreated maternal infections or preeclampsia. Conditions like chorioamnionitis (infection in the uterus) and severe preeclampsia (high blood pressure during pregnancy) are known risk factors for cerebral palsy when left untreated or poorly managed.
Untreated severe neonatal jaundice (kernicterus). Extremely high bilirubin levels in a newborn can cross into the brain and cause permanent damage. This is preventable with timely testing and phototherapy (light treatment). When hospitals miss or delay treatment, the resulting brain damage can cause a form of cerebral palsy called dyskinetic CP.
Premature birth complications. Premature babies are especially vulnerable to brain damage. Negligent care of preterm labor or poor management of a premature baby in the NICU can contribute to cerebral palsy.
What Compensation Can You Recover for a Cerebral Palsy Case?
New York places no statutory cap on damages in medical malpractice or birth injury cases. Cerebral palsy cases routinely involve seven and eight figures because the injury imposes lifelong costs. Damages fall into four main categories.
Future medical and therapeutic care. This is typically the largest component of a cerebral palsy verdict or settlement. The CDC’s published estimate places the lifetime cost of caring for a person with cerebral palsy at approximately $921,000 per person in 2003 dollars, per MMWR (2004; 53:57-9), which would translate to roughly $1.6 million when adjusted for inflation to 2025. For severe cases, comprehensive life care plans frequently project costs well beyond that figure. Covered items typically include physical, occupational, and speech therapy from infancy through adulthood, orthopedic surgeries, anti-spasticity medications, baclofen pumps, selective dorsal rhizotomy, durable medical equipment such as wheelchairs and standers, communication devices, home modifications, vehicle modifications, and around-the-clock attendant or nursing care.
Lost future earning capacity. A child with significant cerebral palsy may be unable to enter the workforce at all or limited to part-time or supported employment. Economists project lost earnings based on the child’s family educational background, U.S. Census earnings data for similar demographic groups, and vocational analysis of the child’s specific limitations.
Pain and suffering. New York does not cap non-economic damages. Juries consider the severity and permanence of the injury, the child’s life expectancy, and the lifelong impact on normal childhood and adult experience. In catastrophic cerebral palsy cases, non-economic damages alone can reach seven figures.
Parents’ derivative claim. Parents have a separate cause of action for medical expenses they paid on the child’s behalf and for loss of the child’s services. This claim follows the parents’ own 2.5-year statute of limitations under CPLR §214-a and is not tolled by the child’s infancy. Many families lose this portion of the case by waiting too long.
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Recent Case Results
Porter Law Group’s published results include 53 cases at or above $1 million, with multiple pediatric recoveries exceeding $8 million.
$8,300,000 Settlement. A premature infant suffered profound and permanent disabilities, including cerebral palsy, after physicians failed to properly manage the mother’s pre-gestational diabetes. The structured settlement provides lifetime care and therapy funding.
$8,250,000 Settlement. An infant sustained permanent physical and cognitive disabilities after a delayed response to fetal distress during labor. Proceeds funded lifetime medical and educational needs.
$8,120,000 Settlement. An infant suffered permanent delivery-related injuries caused by mismanaged labor and delivery. The recovery funded a life-care plan built with the family’s physicians and therapists.
Every case is different. Past results do not guarantee future outcomes.
How Long Do I Have to File a Cerebral Palsy Lawsuit in New York?
Cerebral palsy claims in New York are medical malpractice actions, and the deadlines are shorter and more complex than most parents realize. The applicable rule depends on where the delivery took place.
| Where the Delivery Happened | Deadline to File | Key Rule |
| Private hospital or private doctor | Before the child’s 10th birthday in most cases | The clock runs from the date of the error, not the diagnosis |
| NYC Health + Hospitals or county hospital | Notice of Claim must be filed within 90 days of the injury | The 90-day deadline is NOT extended by the child’s age |
| State facility (e.g., SUNY Upstate, SUNY Downstate, Stony Brook) | Notice of Intention within 90 days; lawsuit within 2.5 years | The 90-day deadline is NOT extended by the child’s age |
| Parents’ separate claim (for expenses paid) | 2.5 years from the date of malpractice | Not extended by the child’s age |
The most common mistake families make is assuming the clock starts when the diagnosis is made. It does not. In New York, the deadline begins on the date the medical error occurred, not when you found out about it. Cerebral palsy is often not diagnosed until a child is 12 to 24 months old or later, which means families can unknowingly run out of time.
If your child was born at a public or state-run hospital, the situation is even more urgent. Missing the 90-day notice deadline can permanently bar the claim, regardless of how serious the injury is.
Our cerebral palsy attorneys review your case at no cost and no obligation. Call (833) PORTER-9 or fill out the form below to get started.
What Should You Do If You Suspect a Cerebral Palsy Birth Injury?
- Request the complete medical record. Under New York Public Health Law §18, you are entitled to your and your child’s complete medical records within a reasonable time of a written request. Ask for the full prenatal record, the labor-and-delivery chart, fetal heart monitoring strips, umbilical cord blood gas results, operative reports, NICU records, and all imaging including any neonatal MRI or head ultrasound.
- Document every developmental milestone and diagnosis in writing. Keep a dated log of pediatric visits, early intervention evaluations, therapy sessions, MRI findings, and specialist consultations. Cerebral palsy diagnosis is rarely made at birth and almost always evolves over the first one to three years.
- Do not sign anything from the hospital or insurance carrier. Hospital risk management and malpractice insurers sometimes approach families early with releases or settlement offers. Any signature before independent medical and legal review can permanently limit your child’s recovery.
- Act immediately if the delivery occurred at a public hospital. Births at NYC Health + Hospitals facilities, SUNY Upstate, SUNY Downstate, Stony Brook, or any county-run hospital trigger a 90-day Notice of Claim deadline under General Municipal Law §50-e or a 90-day Notice of Intention deadline under the Court of Claims Act. Missing these deadlines can bar the claim entirely.
- Contact a New York cerebral palsy attorney. Porter Law Group offers free consultations on a contingency-fee basis and handles every stage of the case, from record collection through expert review, litigation, infant compromise approval, and trial.
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Cerebral Palsy Lawyers Near You in New York
Porter Law Group represents families in cerebral palsy and related birth injury cases throughout New York State. The firm’s Syracuse headquarters serves Central and Upstate New York, and attorneys travel regularly to downstate courthouses for cases in the five boroughs, Westchester, and Long Island.
Serving Clients statewide, including Cerebral Palsy Lawyer in Syracuse, New York City, Buffalo, Rochester, Albany, Yonkers, White Plains, Utica, Binghamton, Long Island (Nassau and Suffolk Counties), Saratoga Springs, Watertown, Ithaca.
Wherever your child was injured in New York, call (833) PORTER-9 for a free consultation with an experienced cerebral palsy attorney.
Frequently Asked Questions About Cerebral Palsy Cases in New York
How do I know if my child’s cerebral palsy was caused by malpractice?
The only way to know for certain is to have a qualified medical expert review the complete labor and delivery records. Common warning signs in the chart include a delayed response to abnormal fetal heart tracings, a C-section that was called too late, mismanagement of a difficult delivery, untreated maternal infection or high blood pressure, and improper use of forceps or vacuum. If you suspect something went wrong, contact a cerebral palsy attorney for a free review before drawing any conclusions.
Is all cerebral palsy caused by birth injury?
No. Most cerebral palsy has causes unrelated to what happened in the delivery room, including genetic factors, infections during pregnancy, and complications related to premature birth. Only a portion of cases involve errors during labor and delivery. A thorough review of the medical records by qualified experts is the only reliable way to determine whether negligence played a role in your child’s specific situation.
How long do I have to file a cerebral palsy lawsuit in New York?
For births at private hospitals, most families have until the child’s 10th birthday to file. For births at public or state-run hospitals, a notice must be filed within 90 days of the injury, and that deadline is not extended by the child’s age. Parents also have their own separate claim that expires 2.5 years after the malpractice. Because the clock runs from the date of the error and not the diagnosis, many families lose time without realizing it. Contact us as early as possible to protect your rights.
What is a cerebral palsy case worth in New York?
There is no single answer because every case is different. The value depends on the severity of the child’s injury, their life expectancy, the cost of lifetime care, and the strength of the evidence of negligence. New York does not limit the amount a family can recover in a birth injury case, and serious cerebral palsy cases often settle or result in verdicts in the millions of dollars. The best way to understand what your child’s case may be worth is to speak with a cerebral palsy attorney who can review your specific facts.
How are attorney fees calculated in a New York cerebral palsy case?
There is no single answer because every case is different. The value depends on the severity of the child’s injury, their life expectancy, the cost of lifetime care, and the strength of the evidence of negligence. New York does not limit the amount a family can recover in a birth injury case, and serious cerebral palsy cases often settle or result in verdicts in the millions of dollars. The best way to understand what your child’s case may be worth is to speak with a cerebral palsy attorney who can review your specific facts.
My child was not diagnosed until age two. Is it too late to file?
Probably not, but you should act quickly to find out. New York does not start the clock from the date of diagnosis. It starts from the date the negligent act occurred. However, for births at private hospitals, the deadline is generally before the child’s 10th birthday, so there may still be time. For public hospital births, the situation is more urgent because the 90-day notice deadline that applies there was not extended. Do not assume it is too late without speaking to a cerebral palsy attorney first.
Can I file a claim if my child has mild cerebral palsy?
Yes. The severity of the injury affects the size of the potential recovery but not your right to bring a claim. Even children with mild cerebral palsy often face significant lifetime costs for therapy, orthotics, adaptive equipment, and educational support, and may have some degree of lost earning ability. Every case deserves an individual review based on its own facts.
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Michael S. Porter, J.D.
Michael S. Porter is the founder and managing partner of Porter Law Group, representing New York families in cerebral palsy, birth injury,medical malpractice, and catastrophic injury cases. A graduate of Harvard University (B.A., 1994) and Syracuse University College of Law (J.D., 1997), Porter served four years as a Captain in the U.S. Army Judge Advocate General’s Corps. He has been recognized by Super Lawyers, holds a 10.0 Superb rating on Avvo, and a Distinguished rating from Martindale-Hubbell.
Bar Admissions: New York State Bar | U.S. District Court, Northern and Western Districts of New York
Memberships: New York State Bar Association, Onondaga County Bar Association, New York State Academy of Trial Lawyers, Multi-Million Dollar Advocates Forum
Contact Porter Law Group Today
If your child was diagnosed with cerebral palsy following a New York delivery, critical deadlines may run faster than you expect. Municipal hospital cases require a Notice of Claim within 90 days under GML §50-e, SUNY and other state-facility cases require a Notice of Intention within 90 days under the Court of Claims Act, parents’ derivative claims are not tolled by the child’s infancy, and the 10-year cap under CPLR §208 closes most cerebral palsy windows before a child’s 10th birthday.
Contact Porter Law Group today at (833) PORTER-9 for a free, no-obligation consultation. We operate on a contingency-fee basis under Judiciary Law §474-a, so you pay nothing unless you win.
Phone: +1 833-767-8379
Email: info@porterlawteam.com
Monday to Friday: 8 AM to 5 PM | Saturday and Sunday: Closed
