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Chicago Cerebral Palsy Attorney · Free Case Review

🧠 Chicago Cerebral Palsy Lawyer
Schwaner Injury Law

Cerebral palsy caused by preventable medical errors during pregnancy, labor, or delivery is among the most catastrophic injuries in personal injury law. Illinois 735 ILCS 5/13-212(b) gives families up to 8 years from the malpractice (or until the child's 22nd birthday) to file. Schwaner Injury Law builds CP cases with obstetric experts, MRI review, and certified life-care planners to recover the lifetime cost of care — cases that frequently settle in the $5M to $10M-plus range for severe CP.

📋 Free Case Evaluation (312) 635-4000
✍️By David J. Schwaner, J.D. | ✓ Reviewed and updated by David J. Schwaner, J.D. — 2026-05-06 | 📅 Published | ⏱️ 13 min read
Understanding CP

What Is Cerebral Palsy?

Cerebral palsy is a permanent movement disorder caused by damage to the developing brain — usually before, during, or shortly after birth. It is the most common motor disability of childhood, affecting roughly 1 in every 345 U.S. children.

CP severity ranges from mild (some difficulty walking) to severe (requiring lifetime full-time care, wheelchair, communication devices, and assistive technology). Diagnosis typically occurs between 18 months and 5 years through neurological exam, MRI imaging, and developmental assessment.

Common Causes

Preventable Causes of Cerebral Palsy

  • →HIE / birth asphyxia: oxygen deprivation during labor
  • →Failure to monitor fetal distress on EFM strip
  • →Delayed C-section when emergency delivery indicated
  • →Improper forceps or vacuum extraction
  • →Cord compression / prolapse not promptly addressed
  • →Placental abruption / uterine rupture mishandled
  • →Untreated maternal infections (chorioamnionitis, GBS)
  • →Untreated severe jaundice (kernicterus)
  • →Premature birth with inadequate NICU care
Types of Cerebral Palsy

The Four Main Types of CP

CP affects different parts of the brain and produces distinct movement patterns. The type of CP affects both the medical care plan and the legal damages calculation.

Spastic CP (~80%)

Stiff, tight muscles and exaggerated reflexes. Subtypes: spastic diplegia (legs), hemiplegia (one side), and quadriplegia (all four limbs — most severe).

Athetoid (Dyskinetic) CP

Uncontrolled, slow, writhing movements affecting hands, feet, arms, legs, and the face. Often caused by basal ganglia injury from severe HIE or kernicterus.

Ataxic CP

Affects balance and depth perception. Children with ataxic CP walk with a wide gait and have difficulty with quick or precise movements.

Mixed CP

Combination of two or more types — most commonly spastic and athetoid. Indicates injury to multiple brain regions, often from severe HIE.

The Life-Care Plan

Why CP Cases Are Typically $5M–$10M+ in Illinois

Severe CP imposes lifetime costs that dwarf most personal injury cases. The settlement is built on a comprehensive life-care plan supported by medical experts, vocational specialists, and economists.

What a Life-Care Plan Covers

  • Lifetime medical care — pediatrician, neurologist, orthopedist, GI
  • Surgeries (orthopedic, baclofen pump, gastrostomy, tendon releases)
  • Therapy — PT, OT, speech, ABA, behavioral
  • Durable medical equipment — wheelchairs, walkers, AAC devices, lifts
  • Home modifications — ramps, bathrooms, ceiling lifts, accessible vehicle
  • Educational support and special education through age 22
  • Vocational rehabilitation and adult day program costs
  • Personal care and nursing — from a few hours per day to 24/7 care
  • Lost earning capacity for the child throughout adult life
  • Pain and suffering, loss of normal life
  • Parental loss of consortium / loss of services
Why Schwaner Injury Law

Chicago's Trusted Cerebral Palsy Attorney

Cerebral palsy litigation requires obstetric experts, neonatologists, pediatric neurologists, MRI/imaging review, life-care planners, and economists. David Schwaner has spent 20+ years building these cases for Illinois families.

The investigation is intensive: hospital records, fetal monitor strips, nursing notes, anesthesia records, and discovery from every provider involved in the labor and delivery. We advance every cost. You pay nothing unless we win.

Free consultation, available 24/7
No fee unless we win
98% case recovery rate
Bilingual — English & Español
$30M+ recovered for Illinois injury victims
8 yrs
SOL for Minor's CP Claim (IL)
$5M–$10M+
Severe CP Settlement Range
20+
Years of Experience
FAQ

Cerebral Palsy Questions — Answered

What is the SOL for a CP lawsuit in Illinois?

Illinois 735 ILCS 5/13-212(b): up to 8 years from the malpractice or, in any event, no later than the child's 22nd birthday. Federal Tort Claims act (military/VA hospitals) cases have shorter notice periods.

What causes most CP cases?

HIE / birth asphyxia from cord compression, placental abruption, uterine rupture, missed fetal distress, or delayed C-section is the most common preventable cause.

How are CP cases proven?

MRI evidence of brain injury patterns (basal ganglia, watershed), electronic fetal monitor (EFM) strip review, APGAR scores, cord-blood gas results, and obstetric and neonatology expert testimony.

What is a typical CP settlement?

Severe cases requiring lifetime full-time care typically settle in the $5M to $10M-plus range in Illinois. Mild cases settle for less. The life-care plan drives the value.

Who is sued in a CP case?

The OB, the labor & delivery nurses, the hospital, anesthesiologists, residents, and (in some cases) defective fetal monitor manufacturers. The hospital is typically the deepest pocket.

Get Your Free Cerebral Palsy Case Review

Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win.

Call (312) 635-4000 📋 Send Us Your Case

Available 24/7 · Free · No obligation · Confidential · Bilingual

Our Process

How We Handle Cerebral Palsy Cases

1

Free Consultation & Records Order

You speak directly with David. We order labor & delivery records, MRIs, NICU records, and pediatric neuro evaluations.

2

Expert Review & § 2-622 Affidavit

An OB, neonatologist, and pediatric neurologist review the case. Illinois requires a § 2-622 healthcare affidavit before suit; we obtain it before filing.

3

Life-Care Plan & Economic Damages

A certified life-care planner and an economist build a lifetime damages model. This drives settlement value.

4

Settlement or Trial

Most CP cases settle. If they don't, David tries them in Cook County or wherever the malpractice occurred.

5

Settlement Funded for Lifetime Care

We structure recovery (annuities, special needs trust) to protect government benefits and provide lifetime care.

Know Your Rights

Illinois Cerebral Palsy Law & Your Rights

CP & Birth Injury: Key Illinois Statutes

  • ⚖️Minor's Med-Mal SOL: 735 ILCS 5/13-212(b) — up to 8 years from malpractice; no later than child's 22nd birthday.
  • ⚖️Healthcare Affidavit: 735 ILCS 5/2-622 — Illinois requires reviewing-physician affidavit before filing med-mal suit.
  • ⚖️No Damages Cap: The Illinois Supreme Court struck down the prior med-mal damages cap as unconstitutional (Lebron v. Gottlieb, 2010).
  • ⚖️Survival & Wrongful Death: 740 ILCS 180/ — for cases where the child does not survive.
  • ⚖️Comparative Fault: 735 ILCS 5/2-1116 — modified comparative negligence; recovery barred above 50% fault.
  • ⚖️Court Approval of Minor's Settlement: Illinois requires judicial approval of any settlement on behalf of a minor.
  • ⚖️Federal Tort Claims Act: Required for VA/military hospital claims; 2-year administrative claim window.
Why Choose Us

Why Illinois CP Families Choose Schwaner

$30M+ Recovered

David has recovered $30M+ for Illinois injury victims, including catastrophic and birth-injury cases.

OB & Neuro Expert Network

Board-certified obstetrics, neonatology, and pediatric neurology experts review every case.

Bilingual Service

English & Spanish — we serve Chicago's diverse families.

Zero Fees Unless We Win

We advance every cost — expert fees, life-care plans, MRI reviews. Nothing out-of-pocket for the family.

More Questions Answered

More CP Questions — Answered by David Schwaner

Illinois-specific answers to the questions families ask most.

My child is already 5 years old — is it too late?

Likely not. Illinois 735 ILCS 5/13-212(b) gives you up to 8 years from the malpractice (and certainly until the child's 22nd birthday). Many CP diagnoses are confirmed only between ages 18 months and 5 years; that delay does not bar your claim. Call to evaluate the timing.

What is hypoxic-ischemic encephalopathy (HIE)?

HIE is brain injury caused by reduced oxygen and blood flow to the baby's brain, typically during labor and delivery. It is one of the leading preventable causes of CP. Therapeutic hypothermia (cooling treatment) within 6 hours of birth can mitigate damage; failure to recognize and treat HIE is a frequent malpractice theory.

What is the role of an MRI in a CP case?

Pediatric brain MRI shows characteristic injury patterns: basal ganglia/thalamus injury (acute profound HIE), watershed cortical injury (partial prolonged hypoxia), and periventricular leukomalacia (often premature infants). The MRI pattern can confirm both the timing and mechanism of injury, supporting causation against the labor & delivery team.

How does the settlement protect government benefits like SSI and Medicaid?

Settlements are typically structured through a Special Needs Trust (SNT) so the child can preserve eligibility for SSI, Medicaid, and other means-tested programs. Annuities funding lifetime care needs are common. We coordinate with experienced special-needs trust attorneys to set this up properly.

Does Schwaner Injury Law handle CP cases on contingency?

Yes. Every cerebral palsy case is contingency — no upfront fees, no costs unless we recover. Expert fees in CP cases are substantial; we advance every dollar. Free 24/7 consultation at (312) 635-4000.

🧠 Serving Illinois Families

Chicago Cerebral Palsy Attorney — Serving All of Illinois

Schwaner Injury Law represents families of children with cerebral palsy throughout the Chicago metropolitan area and the State of Illinois — including children born at Northwestern, Rush, University of Chicago, NorthShore, Advocate, AMITA, Loyola, and other Illinois hospitals. Call (312) 635-4000 for a free, bilingual consultation. Available 24/7, no fee unless we win.

David J. Schwaner, Chicago Personal Injury Attorney
David J. Schwaner, J.D.
Founding Attorney · Schwaner Injury Law

David J. Schwaner is a Chicago personal injury attorney with 20+ years of experience and over $30 million recovered for injured Illinoisans. Admitted to the Illinois bar in 2005 after graduating from Loyola University Chicago School of Law, David handles complex cerebral palsy, birth injury, and medical malpractice cases throughout Illinois with a network of OB, neonatology, and pediatric neurology experts. Rated Super Lawyers and Avvo Top Attorney, with a 98% case recovery rate. Bilingual: English & Español.

JD · Loyola Chicago Law IL Bar 2005 ISBA Member ITLA Member Super Lawyers Rated Avvo Top Attorney English · Español
(312) 635-4000 ✉️ help@schwanerinjury.com About David →