Congenital Brain Injury
A congenital brain injury is any brain injury that occurs prior to birth. Congenital brain injuries can be caused by genetic defects, infections, toxic poisoning, 
anoxia (or hypoxia) and trauma, and can manifest in a variety of disorders, including cerebral palsy, Down syndrome, epilepsy, autism, dyslexia, congenital hydrocephalus and fetal alcohol syndrome.
When a congenital brain injury occurs due to someone's negligence, the person harmed may be eligible for compensation to account for physical and emotional trauma, as well as medical expenses that arise. Family members of those harmed by a birth injury should speak with a lawyer who has experience handling personal injury lawsuits. An experienced lawyer will be able to explain your legal rights, evaluate your case and provide you with examples of settlements related to congenital brain injury.
Types of Congenital Brain Injury
Below the most common types of congenital brain injury are described in detail.
Cerebral palsy. Cerebral palsy is a group of developmental neurological disorders that may occur during the fetal stage, at birth or shortly after birth. Some causes include insufficient oxygen or blood supply to the fetus, infection in the mother, premature birth, birth trauma, and diseases in infancy (i.e., encephalitis and meningitis).
Primary symptoms include seizures, jerky movements, paralysis, and an uneven manner of walking. Secondary symptoms include difficulty moving the tongue, problems with bladder control and inflexibility of the arms and legs.
Cerebral palsy usually is diagnosed after a child is at least 6 months old. Because it is an incurable, chronic, but non-progressive condition, treatment usually is confined to helping the child acquire personal independence through various forms of physical therapy. Some individuals achieve complete independence in adulthood. Others need lifelong care.
Negligence is to blame in some cases of cerebral palsy. If you think your child's cerebral palsy may be due to someone else's negligence, contact a birth injury attorney who can help you protect your legal rights and obtain compensation in the form of a settlement with the responsible party or a court award.
Down syndrome. Down syndrome is a birth condition caused by a genetic anomaly (an extra chromosome 21 in each cell), which interferes with normal development of the body and brain. Most cases of Down syndrome are not inherited, but rather are the result of accidents during cell formation or division in the early stages of fetal development. This is more likely to happen when the mother is older.
A Down syndrome infant has a small, round head with low-set ears, a flat face with up-slanted eyes, and a downturned mouth with a large, protruding tongue. Down syndrome babies grow slowly and never achieve good muscle tone or normal adult stature. Primary defects include varying degrees of mental retardation and heart and gastrointestinal system abnormalities. Secondary health problems may include, among others, Celiac disease, thyroid problems and cataracts. Many Down syndrome adults eventually develop leukemia and Alzheimer's disease.
Down syndrome can be diagnosed in the womb. Diagnostic tests that test for genetic abnormalities include:
- Chorionic Villus Sampling (CVS), which tests placenta tissue
- Amniocentesis, which examines amniotic fluid from the uterus
- Percutaneous Umbilical Blood Sampling (PUBS), which looks at blood from the fetus's umbilical cord
There is no cure for Down syndrome. However, heart defects and gastrointestinal defects can often be repaired by means of surgery. Physical therapy and special education at school can help many Down syndrome children with mild or moderate levels of retardation grow up to lead happy, useful lives. More severely retarded individuals may require life-long care.
Epilepsy. Epilepsy is an incurable neurological disorder that causes the brain's electrical system to produce intermittent and intense bursts of electrical energy that interfere with other normal brain functions, causing seizures characterized by unconsciousness and convulsions.
Epilepsy may be evident when an infant is born, and is sometimes caused by problems in brain development or injuries sustained at birth (lack of oxygen, head trauma, etc.). Many times the cause cannot be precisely determined. Epilepsy also may be acquired later in childhood or during adulthood.
Most often, doctors study the victim's medical history, the characteristics of the seizure and the events leading up to the episode to construct a diagnosis. Recently, positron emission tomography (PET), a specialized imaging device, has been used to locate the part of the brain causing the seizures.
In many cases, epilepsy can be successfully controlled, primarily by prescribed medications and surgery. In some instances, the vagus nerve stimulator (VNS) is used. The VNS is a surgically implanted device that periodically sends electrical signals to the vagus nerve in the neck to control sudden bursts of electrical energy in the brain that trigger seizures.
Autism. Autism is an incurable developmental disorder that affects the areas of the brain that control a person's ability to think and communicate and interact with others. The exact cause of autism remains unknown, though it is thought that genetics and environment (chemicals, viruses, etc.) can play a part.
Autism usually manifests itself before a child is 3 years old, more often in boys than girls. Symptoms include, among others, indifference to surroundings, poor communication skills, resistance to interactions with others, resistance to hugs, and abnormal responses to smells, touches, sounds, tastes, etc. Autistic children usually suffer a myriad of other health problems as well. Autism may occur in mild to severe forms.
Diagnosing autism usually involves a psychological evaluation that combines a screening tool such as the Childhood Autism Rating Scale (CARS), the child's medical history and interviews with family members.
While autism is a difficult disorder to treat, a combination of therapies can be used to help patients lead happier, more productive lives. This may include physical therapy, speech therapy, behavior modification, specialized diets and chelation therapy — injections of the synthetic amino acid ethylenediaminetetruacetic acid (EDT) to rid the blood of heavy metals.
Dyslexia. Dyslexia is a disorder that interferes with the brain's ability to interpret what the eye sees and correctly translate it into written and spoken language. It is the most common learning disability. Symptoms include inability to recognize written letters and words and difficulty learning to read. Diagnosis mainly relies on reading skills assessments and ruling out other possible causes, such as vision and hearing problems. No treatment can cure dyslexia, but special education and training can often improve reading skills.
Congenital Hydrocephalus. Congenital hydrocephalus is an excessive accumulation of cerebrospinal fluid (CSF) within the brain at birth, the result of the brain's inability to normally regulate CSF production and absorption. Causes include genetic disorders, prenatal bleeding, and infectious conditions such as measles.
Congenital hydrocephalus is often associated with other birth defects. A larger than normal head is a sign of congenital hydrocephalus, but to definitively diagnose the condition, imaging tests (CT scans or MRIs) may be conducted.
Treatment usually consists of draining CSF by means of a permanent shunt surgically implanted in the brain. A procedure called endoscopic third ventriculostomy (ETV) may be used when an obstruction between the ventricles (cavities) in the interior of the brain is thought to be responsible for CSF buildup. In ETV, a small opening is made in the bottom of the brain's third ventricle, allowing CSF to flow at will.
Fetal Alcohol Syndrome. Fetal alcohol syndrome (FAS) is an incurable brain disorder that occurs in infants whose mothers consumed too much alcohol during pregnancy. FAS symptoms include mental retardation; low birth weight and stunted growth thereafter; head and facial features that include, among others, a small head, small eyes, flat face and a thin upper lip; central nervous system problems, for example difficulty coordinating; and behavioral problems such as extreme mood swings, difficulty paying attention and unreliability. These symptoms are the basis for diagnosis.
Treatment for fetal alcohol syndrome includes surgery to repair various physical defects, close supervision, a calm and loving home environment that is free of violence, and special education and psychological counseling to treat depression and other related issues. The prognosis for children with FAS depends largely upon the severity of their physical and mental defects.
Filing a Congenital Brain Injury Lawsuit
Although most congenital brain damage occurs due to genetic disorder, infections and other unforeseeable factors, some cases are the result of another party's negligence. If you believe you or a loved one has been adversely affected by a congenital brain injury due to someone else's carelessness or neglect, contact a personal injury attorney to learn about settlements related to congenital brain injury, discuss your case and determine your chances of receiving compensation. 
[Last revision: December 2009]