Chicago Ataxic Cerebral Palsy Lawyer

Seek Justice for Ataxic Cerebral Palsy Birth Injuries

Ataxic cerebral palsy affects muscle coordination, balance, and fine motor skills, making everyday movements difficult for children. In some cases, this condition results from medical negligence during birth. A Chicago ataxic cerebral palsy lawyer can help families pursue a claim to recover financial compensation for medical care and long-term support.

Settlements & Verdicts Recovered by Our Chicago Law Firm

Rosenfeld Injury Lawyers has decades of experience representing families in complex birth injury cases, including those involving cerebral palsy, securing significant verdicts and settlements across Chicago and throughout Illinois.

• $20,300,000 Settlement – Isaac suffered severe brain damage and cognitive impairment after his delivery at a major Chicago hospital, where the attending OB-GYN failed to respond to clear signs of fetal distress. He now requires lifelong care. The case value reflected the extent of permanent disability and future medical expenses.
• $11,250,000 Settlement – Lena developed cerebral palsy due to prolonged oxygen deprivation during labor at a suburban Chicago facility. The lawsuit revealed that delayed intervention and poor monitoring by hospital staff contributed to her brain injury. The settlement covered future care needs and loss of quality of life.
• $6,140,000 Settlement – Maya was diagnosed with ataxic cerebral palsy at age three after being born at a Chicago-area hospital. Despite attempts by the defense to attribute her condition to parental misconduct, medical records and expert testimony confirmed negligent prenatal care as the cause. The case value accounted for long-term therapy and care.

What Is Ataxic Cerebral Palsy?

Ataxic cerebral palsy is a neurological condition that affects muscle coordination, balance, and fine motor skills. It is one of the less common types of cerebral palsy, caused by damage to the cerebellum—the part of the brain responsible for movement control.

Children with cerebral palsy diagnosis often have tremors, unsteady walking (ataxic gait), and difficulty with precise movements. Tasks such as writing, buttoning clothing, or using utensils can be challenging. 

Unlike spastic cerebral palsy, which causes muscle stiffness, ataxic CP results in shaky, uncoordinated movements and poor muscle tone.

This condition can affect speech, making it difficult for children to control their voice volume and articulation. Because ataxic CP is a permanent movement disorder, children often require lifelong physical therapy, speech therapy, and assistive devices to improve mobility and independence.

If medical negligence contributed to your child’s condition, an experienced birth injury attorney can help you pursue a claim for compensation.

What Causes Ataxic Cerebral Palsy?

Ataxic cerebral palsy results from damage to the cerebellum, the part of the brain responsible for muscle coordination and fine motor skills. Due to various medical and environmental factors, this damage can occur before, during, or after birth. 

In some cases, medical negligence plays a role, such as failing to monitor fetal distress or delaying necessary interventions. Understanding the cause of a cerebral palsy birth injury is critical in determining whether a medical malpractice case is warranted.

Prenatal Factors

Certain complications during pregnancy can lead to abnormal brain development, increasing the risk of ataxic cerebral palsy. These include:

• Maternal infections – Infections such as rubella, cytomegalovirus, toxoplasmosis, and Zika virus can cause brain injury in a developing fetus.
• Maternal health conditions – Conditions like uncontrolled diabetes, high blood pressure, and thyroid disorders can impact fetal brain development.
• Genetic abnormalities – Some cases of ataxic CP are linked to inherited conditions that affect brain function.
• Placental problems – A poorly functioning placenta can deprive the baby of oxygen and nutrients, increasing the risk of neurological disorders.
• Toxic exposure – Alcohol, drug use, and certain medications during pregnancy can interfere with fetal brain development.

Perinatal Factors

The perinatal period—just before, during, and after birth—is a critical time for brain development. Several complications during labor and delivery can cause damage leading to ataxic cerebral palsy. These include:

• Oxygen deprivation (hypoxia) – If a baby does not get enough oxygen due to a compressed umbilical cord, prolonged labor, or failure to monitor fetal distress, brain cells may be damaged.
• Premature birth – Babies born before 37 weeks are at a higher risk of brain bleeds and injury, which can lead to cerebral palsy.
• Birth trauma – Misuse of forceps or vacuum extractors can cause head trauma and contribute to symptoms of cerebral palsy.
• Delayed C-section – If a doctor fails to order an emergency C-section when needed, oxygen deprivation and other complications can lead to lifelong disabilities.

Postnatal Factors

Ataxic CP can also occur after birth due to preventable medical conditions or external factors. Common postnatal causes include:

• Head injuries – Falls, car accidents, or birth injuries from improper newborn handling can result in permanent brain trauma.
• Severe infections – Meningitis and encephalitis can cause inflammation in the brain, leading to neurological disorders and motor impairments.
• Stroke – Blood clots or oxygen deprivation in newborns can cause brain damage, increasing the risk of cerebral palsy cases.
• Untreated jaundice – Severe jaundice can lead to kernicterus, a condition that causes brain injury if not adequately treated.

Is Ataxic Cerebral Palsy Considered Medical Malpractice? 

Medical negligence during labor and delivery can lead to ataxic CP. Errors such as delaying an emergency C-section or mishandling delivery tools can deprive a baby of oxygen. 

This lack of oxygen can cause permanent neurological damage, affecting muscle coordination and fine motor skills. If health care providers fail to prevent or respond to complications, families may have grounds for a claim.

Proving Medical Malpractice

To hold medical professionals accountable in a cerebral palsy lawsuit, families must prove the following elements:

• Duty of care – The doctor, nurse, or hospital had a legal responsibility to provide proper medical treatment.
• Breach of duty – The provider failed to meet accepted medical standards, such as not addressing distress or delaying necessary interventions.
• Causation – The medical negligence directly caused a cerebral palsy birth injury, such as brain damage from oxygen deprivation.
• Damages – The child and family suffered harm, including lifelong medical expenses, lost opportunities, and emotional distress.

What Are the Symptoms of Cerebral Palsy?

Ataxic cerebral palsy affects multiple aspects of a child’s life, from physical movement to communication and independence. Because it disrupts muscle coordination and fine motor skills, everyday tasks such as walking, writing, and speaking can be difficult. 

Many children require ongoing physical and speech therapy to improve mobility and communication. These challenges can impact education, social interactions, and future independence, placing a significant emotional and financial burden on families. 

Understanding how ataxic cerebral palsy affects different areas of life can help parents and caregivers seek the proper support and resources.

Balance and Coordination Difficulties

Children with ataxic cerebral palsy struggle with muscle coordination, leading to shaky, unsteady movements. The cerebellum, which controls balance and movement, is affected, making it difficult for children to control their bodies. Some common challenges include:

• Unsteady walking (ataxic gait) – Children may walk with a wide stance and struggle with sudden movements.
• Difficulty with fine motor skills – Tasks like writing, buttoning clothes, and using utensils can be frustrating.
• Tremors and involuntary movements – Hand and arm tremors may make it hard to hold objects steady.
• Poor depth perception – Judging distances can be difficult, making activities like climbing stairs or playing sports challenging.

Physical and occupational therapy can help children develop better coordination and adapt to daily challenges. Some may also require assistive devices like walkers or braces to improve stability and mobility.

Speech and Language Impairment

Many children with ataxic cerebral palsy experience speech and language difficulties due to poor control of the muscles used for speaking. This condition, known as dysarthria, can cause:

• Slurred or slow speech
• Difficulty controlling volume and pitch
• Challenges with articulation and pronunciation
• Problems with breath support, making speech sound weak or strained

These speech difficulties can make communication frustrating, leading to social challenges and difficulties in school. Some children may also struggle with language processing, making it harder to form sentences or express thoughts clearly.

Speech therapy is essential for helping children improve their communication skills. Therapists use exercises and adaptive techniques, such as speech-generating devices or sign language, to help children develop alternative ways to express themselves. 

Early intervention can significantly improve a child’s ability to interact with others and gain confidence in social settings.

Impact on Daily Life

The effects of ataxic cerebral palsy extend beyond movement and speech difficulties, impacting many areas of daily life. Common challenges include:

• Education – Children may need special education plans or adaptive tools to assist with writing and reading.
• Social interactions – Difficulties with speech and movement can make playing with peers or participating in group activities challenging.
• Independence – Due to mobility challenges, basic tasks like dressing, eating, and brushing teeth may require assistance.

Many families also face significant medical bills for therapy, specialized education, and home modifications. A can help families seek financial compensation to ensure children with ataxic CP receive the care and resources they need to thrive.

How a Chicago Cerebral Palsy Lawyer Can Help

When medical negligence leads to a cerebral palsy birth injury, families often face overwhelming medical and financial challenges. An experienced cerebral palsy attorney plays a vital role in helping families seek monetary compensation to cover medical care, therapy, and long-term support. 

We understand the complexities of medical malpractice lawsuits and the laws surrounding birth injury cases. Proving that medical professionals failed to meet the standard of care requires in-depth legal and medical knowledge. Chicago birth injury lawyers build a strong case by identifying errors, working with medical experts, and gathering the necessary evidence to prove negligence.

A successful cerebral palsy claim requires substantial evidence to prove that a cerebral palsy injury resulted from medical negligence. A skilled birth injury lawyer will:

• Obtain and analyze medical records to find signs of malpractice;
• Work with medical experts to determine if errors caused the injury;
• Gather financial documentation to calculate medical and long-term care costs;
• Interview witnesses, including health care providers and caregivers.

By building a well-documented case, an experienced cerebral palsy lawyer helps families pursue justice and the compensation they deserve.

Many cerebral palsy cases are resolved through settlements with hospitals and insurance companies. A Chicago medical malpractice lawyer negotiates aggressively to secure a fair settlement that covers medical bills, therapy, and lost future earnings. 

If a fair settlement is not offered, the attorney is prepared to take the case to trial and fight for the child’s future. By working with a dedicated Chicago brain injury attorney, families can focus on their child’s well-being while their legal team pursues the compensation needed for ongoing care and support.

What Damages Can Be Recovered for Ataxic Cerebral Palsy Caused by Negligence?

Caring for a child with ataxic cerebral palsy can place a significant financial and emotional burden on families. If the condition was caused by medical negligence, a cerebral palsy lawsuit can help recover monetary compensation for medical care, therapy, and other long-term needs. A Chicago cerebral palsy lawyer can help families pursue the support they deserve.

Families affected by cerebral palsy birth injury may be entitled to compensation for:

• Medical expenses – Hospital bills, doctor visits, medications, and ongoing medical care.
• Physical therapy and assistive devices – Costs for rehabilitation, mobility aids, and adaptive equipment.
• Lost future earnings – Compensation for the child’s reduced ability to earn an income in adulthood.
• Pain and suffering – Emotional distress, diminished quality of life, and the challenges of lifelong disability.
• Home modifications and special education costs – Adjustments to improve accessibility and learning accommodations.

What Evidence Is Needed to Support a Cerebral-Palsy-Based Negligence Claim?

To secure compensation, strong evidence is needed to demonstrate the impact of ataxic cerebral palsy, including:

• Medical records showing the child’s condition, treatment history, and connection to medical malpractice.
• Expert testimony from doctors and specialists explaining how negligence led to brain injury.
• Financial documentation detailing medical bills, therapy costs, and projected lifetime care needs.
• Personal accounts from parents, caregivers, and therapists describing the child’s struggles and long-term challenges.

What Is the Average Ataxic Cerebral Palsy Birth Injury Claim in Chicago?

According to Law.com’s VerdictSearch, the average birth injury award involving cerebral palsy, including ataxic cerebral palsy, is $29,200,389, with reported claims ranging from $2.6 million to over $100 million.

Several factors influence these values:

• Severity of impairment: Children with ataxic cerebral palsy often face lifelong challenges with balance, coordination, and speech. Higher awards reflect more severe motor function limitations and greater dependency on caregivers.
• Proof of medical negligence: Higher-value claims often show that medical professionals failed to respond to distress, delayed a necessary C-section, or improperly managed labor, leading to oxygen deprivation or brain injury.
• Need for lifelong care: A detailed life care plan outlining the costs of therapies, assistive equipment, home modifications, and round-the-clock care can significantly raise the award amount.
• Future lost earnings: If the child is unable to work or live independently, compensation includes projected lost income and benefits.
• Expert medical testimony: Strong opinions from specialists in neurology, obstetrics, and life care planning often drive up the case value.
• Pain and suffering: Damages often account for the child’s physical limitations, emotional hardship, and loss of a normal life.

Example Cases

$51 Million Verdict – Cerebral Palsy After Delayed Response to Fetal Distress

Tequila Sallis brought her high-risk pregnancy concerns to West Suburban Medical Center multiple times in August 2014. Despite signs of preeclampsia and decreased fetal movement, the staff delayed intervention for over five hours after abnormal heart rate monitoring. Gerald was eventually delivered by emergency C-section and diagnosed with cerebral palsy and spastic quadriparesis. 

Plaintiffs argued multiple providers failed to act on clear warning signs of distress. The jury awarded $100 million, but recovery was capped at $51 million due to a high/low agreement. Gerald requires 24/7 care for life.

$55.5 Million Award – Birth Injury Caused by Excessive Pitocin Use and Delayed Cesarean

Born in April 2003, Shamond Butler suffered a hypoxic brain injury after physicians failed to respond to distress during prolonged Pitocin administration. Despite signs of tachycardia and chorioamnionitis, his delivery was delayed until distress became severe. 

Experts testified that improper monitoring and failure to perform a timely C-section led to permanent brain damage. Now 18, Shamond has the cognitive ability of a toddler and needs lifelong care. The jury awarded $55.5 million in damages, including future medical costs and pain and suffering.

$29.1 Million Verdict – Failure to Treat Neonatal GBS Infection

Christian Arroyo developed signs of infection hours after birth at Northwestern Memorial Hospital, but doctors failed to administer antibiotics or repeat inconclusive lab tests. When a neonatal specialist intervened nearly two days later, it was too late. Christian had developed cerebral palsy and severe brain damage. The family sued under the Federal Tort Claims Act. 

Experts said the failure to recognize GBS risk factors and act promptly caused permanent injury. A federal judge awarded $29.1 million, covering lifelong care and loss of normal life.

$19 Million Settlement – Failure to Monitor Fetal Heart Rate Leads to Cerebral Palsy

In 1983, Patricia Townsend arrived 12 days overdue at Little Company of Mary Hospital. After the fetal heart rate dropped, Dr. Zacharia had the monitor disconnected based on a nurse’s reassurances. By the time an emergency C-section was ordered, her son Damen had suffered oxygen deprivation, resulting in cerebral palsy. 

The family alleged that failure to monitor and act in a timely manner led to permanent injury. A jury found only the hospital liable. A high/low agreement secured a $19 million total recovery just before the jury returned its verdict.

What Laws Govern Ataxic Cerebral Palsy Lawsuits in Illinois?

Under 735 ILCS 5/2‑622 requires plaintiffs filing a medical malpractice claim, including those involving ataxic cerebral palsy, to submit an affidavit from a qualified healthcare professional. This certificate must state that there is a reasonable and meritorious basis for the lawsuit. Without this affidavit, the court may dismiss the case, even if there is evidence of medical negligence or birth injury.

735 ILCS 5/13-212 sets specific time limits for filing birth injury lawsuits. In most cases, parents must file a medical malpractice claim within eight years of the injury, and the child must bring an action before age 22. These extended timeframes apply to cases like ataxic cerebral palsy, where the injury is often not diagnosed until years after birth.

In the case of LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court struck down the state’s cap on non-economic damages in medical malpractice cases as unconstitutional. This decision directly impacts birth injury claims–including those involving ataxic cerebral palsy–by allowing juries to award full compensation for pain and suffering, disfigurement, and loss of a normal life, without arbitrary financial limits.

Book a Free Consultation!

If your child’s cerebral palsy was caused by medical negligence, you deserve answers and justice. At Rosenfeld Injury Lawyers, we are dedicated to helping families secure the compensation needed for medical care, therapy, and long-term support.

Our Chicago personal injury lawyers offer a free consultation to review your case, explain your legal options, and determine whether you have grounds for a medical malpractice lawsuit. Our law firm works on a contingency fee basis, which means there are no upfront costs, and we only get paid if we win your case.

Call us at (888) 424–5757 or complete our contact form to schedule your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.