Chicago Dyskinetic Cerebral Palsy Attorney

Seek Justice for Dyskinetic Cerebral Palsy Birth Injuries

If your child developed cerebral palsy due to a preventable birth injury, you may have the right to compensation. A Chicago dyskinetic cerebral palsy attorney from Rosenfield Injury Lawyers is ready to fight for families seeking financial compensation for medical expenses and long-term care.

Dyskinetic cerebral palsy is a lifelong condition that affects muscle control, causing involuntary movements, muscle stiffness, and difficulty moving. In many cases, this condition results from negligence during pregnancy, labor, or delivery.

Settlements & Verdicts Recovered by Our Chicago Law Firm

At Rosenfeld Injury Lawyers, our experienced legal team has handled numerous birth injury cases across Illinois, achieving record results for families whose children suffered preventable harm due to medical negligence during pregnancy, labor, or delivery.

• $11,000,000 Settlement – Liam’s parents trusted their Chicago physician to review their genetic risks before pregnancy. The doctor failed to conduct necessary testing, leading to significant cognitive impairment caused by inherited mutations. The $11 million settlement reflected the lifetime medical expenses and specialized care required due to this preventable medical negligence.
• $6,140,000 Settlement – At three years old, Sophia was diagnosed with ataxic cerebral palsy after repeated delays in addressing fetal distress during delivery at a Chicago hospital. Despite defense claims blaming parental factors, medical records showed apparent negligence. Her family recovered $6.14 million for lifelong therapy, adaptive care, and medical costs.
• $5,000,000 Settlement – During a difficult delivery in Cook County, excessive traction caused brachial plexus nerve damage, leaving Jackson’s arm permanently impaired. Multiple surgeries were required to restore movement. His family obtained a $5 million settlement after proving the injury was a preventable birth injury caused by improper technique during labor.

What Causes Dyskinetic Cerebral Palsy?

Dyskinetic cerebral palsy is caused by damage to the parts of the brain that control movement and coordination. This brain damage occurs before, during, or shortly after birth due to medical malpractice. 

Oxygen Deprivation

When a baby does not receive enough oxygen, brain cells can be permanently damaged, leading to abnormal brain development.

Jaundice

If newborn jaundice is not correctly diagnosed and treated, excessive bilirubin can build up in the brain, causing a condition called kernicterus, which leads to cerebral palsy. 

Maternal Infections

Certain maternal infections, such as cytomegalovirus, rubella, or toxoplasmosis, can trigger inflammation that harms fetal brain tissue. The resulting injury often targets areas controlling coordination and muscle tone, contributing to movement disorders associated with dyskinetic cerebral palsy.

Failure to Monitor Fetal Distress

Inadequate monitoring during labor and delivery may allow hypoxic events—like a drop in oxygen supply or prolonged contractions—to go unnoticed. This can deprive the baby’s brain of oxygen long enough to cause basal ganglia damage, leading to abnormal involuntary movements after birth.

Improper Use of Delivery Instruments

Forceful or improper use of vacuum extractors or forceps can cause bleeding or trauma in the brain regions responsible for motor control. Such mechanical injuries may interfere with smooth muscle coordination, resulting in the uncontrollable movements typical of dyskinetic cerebral palsy.

Families may have grounds for a medical malpractice claim when medical professionals fail to prevent or respond to these complications. A Chicago cerebral palsy lawyer can help determine whether medical negligence contributed to a child’s injury.

What Are the Symptoms of Cerebral Palsy?

Dyskinetic cerebral palsy affects movement, coordination, and muscle control, creating daily challenges for children and their families. Unlike spastic cerebral palsy, which causes muscle stiffness, dyskinetic CP leads to involuntary movements that make even simple tasks difficult. 

These challenges extend beyond physical movement, often affecting speech, learning, and emotional well-being.

Movement and Coordination Difficulties

Children with dyskinetic cerebral palsy struggle with controlling their muscles, leading to involuntary movements, poor coordination, and difficulty maintaining posture. 

These uncontrolled movements, known as dystonia or athetosis, can affect the arms, legs, face, and torso, making everyday activities like sitting, walking, and grasping objects challenging. Muscle tone may fluctuate between tight and loose, further complicating movement.

Fine motor skills, such as writing or using utensils, can be difficult because of shaky or jerky hand movements. Gross motor skills, including standing and walking, may also be affected, requiring assistive devices like walkers or wheelchairs. 

These physical challenges impact independence, often requiring lifelong therapy and accommodations to improve mobility and quality of life.

Speech and Communication Challenges

Dyskinetic cerebral palsy can affect the muscles used for speech, leading to difficulties with articulation, volume control, and overall communication. Involuntary movements in the face, tongue, and throat muscles can make it hard for a child to form words. 

Some children experience fluctuating muscle tone in their vocal cords, making their speech unpredictable—sometimes too soft, other times too loud or strained.

Because of these challenges, children with cerebral palsy often rely on speech therapy, communication devices, or alternative methods like sign language to express themselves. 

Limited speech abilities can impact social interactions and learning, making early intervention essential. With the proper support, many children improve their communication skills and gain confidence in expressing their thoughts and needs.

Medical Needs

Children with dyskinetic cerebral palsy often require lifelong medical care to manage symptoms and improve their quality of life. Physical therapy helps with movement and posture, while occupational therapy focuses on developing motor skills for daily tasks. Many children also benefit from speech therapy in improving communication.

Medical treatments may include medications to manage muscle stiffness and involuntary movements. In some cases, surgical interventions, such as deep brain stimulation or orthopedic procedures, can help with mobility and posture. Assistive devices like wheelchairs, braces, and adaptive tools provide additional support.

Developmental and Educational Needs

Cerebral palsy can impact learning and development, requiring specialized education plans to support a child’s unique needs. While dyskinetic CP does not always affect cognitive abilities, movement, and speech difficulties can create barriers to traditional learning. 

Fine motor skill challenges may make writing and using classroom tools difficult, while speech impairments can affect discussion participation.

Children with cerebral palsy often benefit from individualized education programs (IEPs) and assistive technology, such as speech-to-text software or adaptive keyboards. Special education services and therapy sessions within the school setting can help children reach their full potential. 

Ensuring proper educational support is essential for promoting independence and academic success.

Social and Emotional Impact

Living with dyskinetic cerebral palsy can bring emotional and social challenges for both children and their families. Communication difficulties and physical limitations may lead to frustration, social isolation, or difficulty forming friendships. Some children experience bullying or exclusion, affecting their self-esteem and confidence.

Families often face emotional stress as they navigate medical treatments, therapy sessions, and financial concerns. Support groups, counseling, and advocacy networks can provide emotional relief and resources for parents and caregivers. Raising a child with cerebral palsy requires a strong support system, and families deserve the resources needed to help their child thrive.

What Legal Options Do Parents Have for a Child’s Cerebral Palsy Diagnosis?

Dyskinetic cerebral palsy can result from preventable medical errors during pregnancy, labor, or delivery. A skilled birth injury lawyer in Chicago can help determine if negligent health care professionals caused your child’s injury.

When to Seek Legal Advice

If your child has been diagnosed with dyskinetic cerebral palsy, it’s essential to determine whether medical negligence played a role. While some cases occur due to unavoidable factors, others result from preventable medical errors during pregnancy, labor, or shortly after birth.

Medical professionals are responsible for monitoring the mother and baby throughout pregnancy and delivery. If they fail to recognize or respond to complications, it can lead to brain damage and lifelong disabilities. Some examples of medical malpractice that may contribute to a child’s cerebral palsy include:

• Failing to monitor fetal distress, such as abnormal heart rate;
• Delaying a necessary C-section;
• Improper use of forceps or vacuum extractors;
• Mismanaging infections that can affect brain development.

If doctors or nurses fail to provide proper care, you may have grounds for a malpractice lawsuit. A Chicago medical malpractice attorney can investigate your case and help you seek compensation.

Birth injuries are a leading cause of cerebral palsy. When medical errors occur during labor or delivery, they can result in serious harm, including oxygen deprivation or trauma to the baby’s brain. Some common birth-related issues that can cause cerebral palsy birth injuries include:

• Oxygen deprivation (hypoxia or asphyxia): If a baby does not get enough oxygen before or during birth, brain cells can be permanently damaged. Common causes include umbilical cord complications, placental abruption, or prolonged labor.
• Physical trauma: Improper use of delivery tools like forceps or vacuum extractors can lead to brain injury and abnormal muscle tone.

Jaundice is common in newborns, but if left untreated, it can cause kernicterus, a dangerous condition that leads to brain damage and athetoid cerebral palsy. Medical professionals should monitor newborns for signs of severe jaundice and treat it promptly using phototherapy or other methods. Failure to diagnose or treat jaundice can result in lifelong disabilities.

How a Chicago Cerebral Palsy Attorney Can Help You Recover Fair Compensation

An experienced cerebral palsy lawyer in Chicago plays a key role in helping families seek justice and compensation. These cases require a deep understanding of medical malpractice laws and birth injury litigation.

Investigating the Cause

Determining the cause of a child’s cerebral palsy requires reviewing medical records, birth history, and expert opinions. A skilled birth injury lawyer will examine whether medical errors, birth injuries, or untreated conditions contributed to the cerebral palsy diagnosis.

Gathering Medical Evidence

Medical evidence is essential in cerebral palsy cases. Lawyers work with medical professionals to analyze hospital records, imaging scans, fetal monitoring data, and expert testimony to establish a link between medical negligence and the child’s injury.

Establishing Liability

To win a medical malpractice lawsuit, it must be proven that a doctor, nurse, or hospital failed to provide appropriate care. An experienced birth injury attorney will identify negligent medical professionals and build a case to demonstrate their responsibility for the child’s condition.

Negotiating with Insurance Companies

Hospitals and doctors often have insurance companies that try to minimize or deny claims. An attorney will handle negotiations, ensuring families are not pressured into accepting unfair settlements. They aim to secure compensation for medical bills, therapy, assistive devices, and long-term care.

Filing a Lawsuit

A lawsuit may be necessary if a fair settlement cannot be reached. A lawyer will file the required legal documents, represent the family in court, and fight for the compensation they deserve. Medical malpractice lawsuits can be complex, but an experienced cerebral palsy attorney can guide families through the legal process.

Can Parents Seek Compensation for Dyskinetic CP?

Caring for a child with dyskinetic cerebral palsy can place a significant financial burden on families. When the condition results from medical malpractice, families can seek compensation through a cerebral palsy lawsuit. An experienced cerebral palsy attorney can help families receive the compensation they need to support their child’s future.

What Damages Can Be Recovered Through a Dyskinetic Cerebral Palsy Lawsuit?

Families pursuing a cerebral palsy claim may be eligible to recover various damages, including:

• Medical expenses: Covers past, current, and future medical costs related to the child’s condition, including hospital visits, doctor appointments, medications, and surgical procedures.
• Lost earning capacity: Accounts for the child’s potential inability to work and earn a living in adulthood.
• Pain and suffering: Compensation for the physical and emotional hardships caused by the condition.
• Cost of therapies and assistive devices: Includes physical, occupational, and speech therapy, as well as wheelchairs, communication devices, and other necessary equipment.
• Home modifications: Covers expenses for making a home accessible, such as ramps, widened doorways, and adaptive bathroom features.

Are Lifetime Care Costs Considered in Medical Malpractice Claims?

Caring for a child with dyskinetic cerebral palsy requires significant financial resources. Because this condition affects movement, speech, and daily activities, individuals often need specialized medical care, therapy, and assistive devices for their entire lives. The cost of ongoing treatment can be overwhelming, placing a heavy financial burden on families.

Expenses often include physical, occupational, and speech therapy, which help improve mobility and communication. Many children also need assistive devices like wheelchairs, communication tools, and adaptive technology. 

As they grow, modifications to the home—such as ramps, widened doorways, and accessible bathrooms—may be necessary. In severe cases, long-term caregiving assistance is required, especially if the individual cannot live independently.

A Chicago cerebral palsy attorney works to ensure families receive the necessary funds to cover these long-term expenses.

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

Based on Law.com’s VerdictSearch, the average cerebral palsy birth injury claim in Chicago is approximately $29,200,389, with reported case values ranging from $2.6 million to over $100 million. 

Several factors impact the value of a cerebral palsy claim:

• Level of disability: Children diagnosed with severe cerebral palsy, such as dyskinetic or spastic cerebral palsy, often require 24/7 care.
• Cost of future medical needs: High-value claims usually include detailed life care plans outlining long-term physical therapy, speech therapy, assistive technology, and in-home care–all of which can cost millions over a child’s lifetime.
• Proven medical negligence: When medical records and expert testimony show that a medical provider failed to act on signs of distress, delayed a C-section, or mishandled delivery, juries are more likely to award full compensation.
• Impact on daily life: Children who suffer from involuntary movements or cognitive delays are entitled to damages for loss of normal life, pain and suffering, and emotional harm.
• Lost future earnings: Most children with moderate to severe cerebral palsy will never enter the workforce. As a result, damages for future lost income are often calculated into the total award.

Example Cases

$53,000,000 Verdict – Hypoxic Brain Injury and Severe Cerebral Palsy After Delayed C-Section

Isaiah Ewing was born with severe hypoxic brain damage at the University of Chicago Medical Center after fetal distress was ignored for nearly 12 hours. Despite non-reassuring heart rate patterns, the staff delayed a necessary C-section and instead attempted labor induction with a contraindicated drug. 

Expert witnesses testified that Isaiah’s cerebral palsy was entirely preventable. The defense claimed the injury stemmed from a pre-existing infection, but the jury sided with the family. The $53 million verdict included damages for lifetime care, lost earnings, pain and suffering, and emotional distress.

$40,000,000 Verdict – Cerebral Palsy After Delayed Emergency Response to Placental Abruption

Kiera Campbell was delivered by C-section after delays caused by miscommunication between a nurse and the on-call physician at Sarah Bush Lincoln Health Center. Her mother presented with signs of placental abruption, but emergency care was not prioritized. Kiera was born unresponsive, suffered seizures, and was later diagnosed with cerebral palsy and severe cognitive impairment. 

She now requires lifelong supervision and special education support. The jury awarded $40 million, finding the hospital and nurse negligent, but cleared the OB of liability. Damages covered attendant care, lost future earnings, and emotional suffering.

$34,000,000 Settlement – Severe Brain Damage from Pitocin Mismanagement and Fetal Distress

Tairay Sewell was born with hypoxic ischemic encephalopathy, resulting in severe cerebral palsy, seizures, and permanent neurological damage. At St. Francis Hospital, staff failed to respond to dangerously high maternal blood pressure, uterine hyperstimulation, and continuous fetal heart rate decelerations. Pitocin administration was never reduced, and a timely C-section was not performed. 

The plaintiff argued that medical staff ignored critical warning signs. A $34 million settlement was reached during deliberations through two high-low agreements, covering lifelong care, pain and suffering, and lost future income. The hospital and OB were found jointly and severally liable.

$24,554,880 Award – Cerebral Palsy After Uterine Rupture and Delayed C-Section

Toby Tremain was born with cerebral palsy after a uterine rupture and prolonged exposure to Pitocin at St. Elizabeth Hospital. A nurse midwife failed to stop Pitocin despite contractions exceeding safe limits, and an OB was not consulted in time. Toby was found partially outside the uterus during the emergency C-section and was born asphyxiated. He now uses a wheelchair and requires a feeding tube. 

A federal judge awarded $24.5 million in damages under the Federal Tort Claims Act, covering lifelong care, physical limitations, and pain and suffering.

What Laws Govern Dyskinetic Cerebral Palsy Lawsuits in Illinois?

Illinois law requires a plaintiff filing a medical malpractice lawsuit, including cases involving dyskinetic cerebral palsy, to attach an affidavit under 735 ILCS 5/2‑622. This affidavit must confirm that a qualified medical professional has reviewed the case and believes there is a “reasonable and meritorious cause” for filing. Without this certificate of merit, the court may dismiss the birth injury claim.

Under 735 ILCS 5/13-212, Illinois sets a statute of limitations for filing medical malpractice lawsuits. Generally, plaintiffs must file within two years of discovering the injury but no later than four years after the incident. However, for minors who suffer injuries like dyskinetic cerebral palsy, the deadline is extended to eight years, though no lawsuit may be filed after the child turns 22.

In LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court ruled that statutory caps on non-economic damages in medical malpractice cases were unconstitutional. This decision directly affects families seeking compensation for dyskinetic cerebral palsy caused by medical negligence, ensuring they can pursue full compensation for pain, suffering, and loss of normal life without arbitrary limits.

How to Find the Right Chicago Cerebral Palsy Lawyer

Choosing the right attorney is essential for families pursuing a claim. Dyskinetic cerebral palsy cases involve complex medical and legal issues, requiring a lawyer with experience in birth injury litigation. An experienced lawyer will have the legal knowledge needed to prove negligence and provide compassionate support during this difficult time.

Experience and Expertise

When selecting a dyskinetic cerebral palsy lawyer, it’s essential to find someone with a strong background in:

• Birth injury cases: An attorney with experience handling birth injury lawsuits understands how medical errors during labor and delivery can lead to brain damage and lifelong disabilities.
• Medical malpractice lawsuits: A Chicago cerebral palsy lawyer who regularly handles medical malpractice cases will know how to investigate hospital records, work with medical experts, and establish liability.
• Cerebral palsy lawsuits: An experienced cerebral palsy lawyer will be familiar with families’ long-term challenges, from medical bills to specialized care, and will fight for the full compensation needed to support the child’s future.

Compassion and Communication

Beyond legal experience, families need a Chicago cerebral palsy attorney who will empathize with their case.

• Understanding the challenges of dyskinetic CP: A lawyer should recognize the condition’s emotional, physical, and financial impact on the child and their family.
• Providing compassionate support: The legal process can be stressful, and families deserve a lawyer who is aggressive in pursuing justice and supportive throughout the case.
• Communicating clearly and regularly: Medical malpractice cases can take time, and parents must stay informed about progress. A trustworthy attorney will explain legal options clearly, answer questions promptly, and provide updates without overwhelming legal jargon.

Contact a Chicago Cerebral Palsy Lawyer for a Free Consultation

If your child developed dyskinetic cerebral palsy due to a preventable birth injury, Rosenfield Injury Lawyers is here to help. Our experienced personal injury attorneys in Chicago understand families’ challenges and are dedicated to holding negligent health care providers accountable.

Our law firm works on a contingency fee basis, meaning you pay nothing unless we win your case. To schedule a free consultation, call us at (888) 424–5757 or fill out our contact form.

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.