Birth Injury
“Kernicterus — brain damage from jaundice — is one of the most preventable birth injuries that exists. If your child has it, someone failed in their duty of care.”
Kernicterus
Birth injury — Your family may have legal rights
Kernicterus is a form of permanent brain damage caused by extremely high levels of bilirubin — the yellow pigment that causes jaundice — in a newborn's blood. It is a preventable tragedy that should never happen in a modern hospital with proper monitoring and treatment protocols.
Jaundice (hyperbilirubinemia) is extremely common in newborns — up to 60% of full-term babies develop some degree of jaundice in the first week of life. In most cases, it is mild and resolves on its own or with simple phototherapy (light treatment). It becomes life-altering when it is not detected, not monitored, or not treated promptly.
When bilirubin levels rise to a critical threshold, bilirubin begins to cross the blood-brain barrier and deposit in brain tissue — particularly in areas that control movement and hearing. The damage this causes is called kernicterus, and it is irreversible.
What makes kernicterus so legally significant is that it is almost entirely preventable through basic, well-established protocols:
- Universal pre-discharge bilirubin screening (either blood test or transcutaneous measurement)
- Follow-up appointments within 2 days of discharge for at-risk newborns
- Timely phototherapy when bilirubin levels approach treatment thresholds
- Exchange transfusion for critically elevated bilirubin levels
When a hospital fails to screen appropriately, fails to follow up, fails to advise parents about warning signs, or discharges a newborn too early without adequate monitoring — and that failure results in kernicterus — it is a clear failure of the standard of care.
The effects of kernicterus on a child can include:
- Athetoid cerebral palsy (involuntary, writhing movements)
- Sensorineural hearing loss
- Upward gaze palsy (difficulty looking up)
- Dental enamel dysplasia (damaged teeth)
- Intellectual disability in severe cases
We have helped families recover $5 million in a kernicterus case. If your child was diagnosed with kernicterus or sustained hearing loss or cerebral palsy believed to be caused by jaundice, please contact us today. Time limits apply — call now for a free review.
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