Nationwide Case Review · 2026
Did Your Child Suffer a Preventable Birth Injury?
Cornerstone Law Can Help.
Recent verdicts — including a $951 million bench award and a $108.6 million jury verdict — have confirmed courts are holding hospitals accountable at historic levels for obstetric negligence. A consolidated federal proceeding in the Eastern District of Pennsylvania is in active discovery. Cornerstone Law is reviewing cases nationwide — with no upfront cost to you.
Birth injuries caused by obstetric negligence — including delayed C-sections, fetal distress mismanagement, improper use of forceps or vacuum, and shoulder dystocia errors — can cause lifelong, irreversible disabilities, including cerebral palsy, hypoxic-ischemic encephalopathy, and permanent neurological damage. Major verdicts in 2025 and 2026 have shown that juries and courts are willing to hold hospitals and healthcare systems accountable for these preventable injuries at the highest levels.
$951M
Bench award — delayed C-section (Aug. 2025)
$108.6M
Jury verdict — forceps delivery injury (Mar. 2026)
E.D. Pa.
Lead consolidated federal proceeding active
4 States
Active proceedings: PA, IL, NY, GA
Landmark Verdicts, 2025–2026
Courts Are Holding Hospitals Accountable at Historic Levels
Two extraordinary outcomes in 2025 and 2026 have signaled that juries and courts are willing to impose massive accountability for preventable birth injuries caused by obstetric negligence.
Recent high-value birth injury outcomes
- $951 million bench award, August 2025: against Steward Health Care after a delayed C-section resulted in permanent, severe hypoxic-ischemic encephalopathy and brain damage to an infant.
- $108.6 million jury verdict, March 2026: against Jefferson Health and Einstein Healthcare Network in Philadelphia after a child suffered permanent brain and neurological damage during a 2018 forceps delivery.
- Both cases involved a failure to respond appropriately to fetal distress signals, a pattern appearing across the consolidated federal proceeding.
- Multiple additional eight-figure verdicts have been returned in Illinois, New York, and Georgia state courts during 2025.
Consolidated Federal Proceeding
The Federal Case and What Discovery Is Producing
A consolidated federal proceeding in the Eastern District of Pennsylvania is bringing together birth-injury claims nationwide, with motions to dismiss denied and critical discovery now underway.
In re: Obstetric Negligence Birth Injury Litigation
Case No. 2:25-cv-00988 — Eastern District of Pennsylvania
Motions to dismiss denied on claims involving failure to perform timely C-section and mismanagement of fetal distress. The court has ordered production of fetal-monitoring strips, depositions of labor-and-delivery nurses and obstetricians, and expert-witness scheduling for neonatology and maternal-fetal medicine specialists.
- Fetal-monitoring strips — the contemporaneous record of fetal heart rate patterns showing whether distress signals were present and whether clinicians responded appropriately
- Labor-and-delivery nurse depositions — testimony from bedside nurses on what was observed, documented, and communicated to physicians during labor
- Obstetrician depositions — physician testimony on clinical decision-making during labor and delivery, including timing of C-section decisions
- Neonatology and maternal-fetal medicine expert witnesses — specialized experts scheduled to testify on standard of care and causation of injury
Fetal-monitoring strips are often the most powerful evidence in birth-injury cases. These records show in real time whether the baby was in distress and whether clinicians recognized and responded to warning signs. Obtaining and preserving these records early matters.
Why These Lawsuits Are Being Filed
Common Forms of Obstetric Negligence
Birth injuries aren't inevitable complications — they're often the result of specific, identifiable failures by medical personnel to follow the standard of care during labor and delivery.
Delayed C-Section
Failure to perform a timely cesarean section after signs of fetal distress can deprive the infant of oxygen for critical minutes, causing permanent brain damage.
Fetal Distress Mismanagement
Failure to recognize, interpret, or act on fetal heart rate abnormalities during labor — one of the most common sources of preventable birth injury.
Improper Forceps or Vacuum Use
Incorrect application or excessive force with delivery instruments can cause skull fractures, intracranial hemorrhage, nerve damage, and brain injury.
Shoulder Dystocia Mismanagement
Failure to use appropriate maneuvers when a baby's shoulder becomes lodged can cause brachial plexus injuries, Erb's palsy, and oxygen deprivation.
Pitocin Misuse
Improper administration of labor-inducing medication can cause hyperstimulation of the uterus, reducing oxygen supply to the baby and causing fetal distress.
Negligent Neonatal Resuscitation
Failure to promptly and properly resuscitate a newborn who isn't breathing or has a low heart rate can extend brain injury that might otherwise have been limited.
Eligibility
Did Your Child Suffer a Birth Injury? Who May Qualify?
You may qualify if your child suffered a birth injury resulting from medical negligence during labor or delivery. Both children with ongoing disabilities and cases involving infant death may be eligible.
Qualifying Injuries
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Brachial plexus injury
- Erb's palsy
- Skull fracture from delivery instruments
- Oxygen deprivation or birth asphyxia
- Developmental delays linked to birth injury
- Permanent neurological injury
General Eligibility Factors
- Child suffered a qualifying injury during or shortly after birth
- Injury occurred in a hospital or birthing facility
- Signs of fetal distress were present during labor
- Injury documented in birth, NICU, or pediatric records
- Medical negligence suspected as a contributing cause
Legal Theories and Damages
Liability and What Your Family Can Recover
Birth-injury damages are among the largest in medical malpractice because they have to account for a lifetime of care, therapy, and lost opportunity for a child whose needs will endure for decades.
Liability Legal Theories
- Medical negligence
- Failure to monitor fetal distress
- Failure to perform timely C-section
- Improper delivery technique
- Institutional negligence (hospital systems)
- Negligent supervision of labor staff
Damages What You Can Recover
- Lifetime medical care and treatment costs
- Physical, occupational, and speech therapy
- Assistive devices and adaptive equipment
- Lost earning capacity of the injured child
- Pain and suffering
- Wrongful death and survival damages
Common Questions
What Families Ask Us Most
My child's birth was years ago — is it too late to file?
Birth injury cases often have longer filing windows than typical malpractice claims, particularly for minors, but deadlines still vary by state. It's worth having your specific timeline reviewed rather than assuming you've missed a window.
What does it cost to work with Cornerstone Law?
We handle birth injury cases on contingency — no upfront fee, and we only get paid if we recover compensation for your family.
Do I need to be part of the federal proceeding to have a case?
No. Many birth injury claims proceed as individual state-court cases outside the consolidated federal proceeding, depending on where the injury occurred and the facts involved.
How do I get a copy of the fetal-monitoring strips from my delivery?
These records belong to the hospital and can sometimes be difficult to obtain or may not be retained indefinitely. An attorney can help request and preserve them before they become harder to recover.
Why Cornerstone Law: We track every development in the Eastern District of Pennsylvania proceeding and state coordinated actions in Illinois, New York, and Georgia, pursuing the strongest possible recovery for families facing a lifetime of care needs.
Cornerstone Law Is Reviewing Birth Injury Cases Nationwide
We represent families whose children suffered preventable birth injuries. Find out whether your child's diagnosis qualifies for a claim.
Get a Free Case Review
No fee unless we recover compensation for you. Call 1-800-928-9445.
This page is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome in any future case. This is a paid legal advertisement from Cornerstone Law, LLP. Attorney Frank Zeccola, Esq., licensed to practice law in California, is responsible for this advertisement.
