Intrauterine Growth Restriction Malpractice Lawsuits

This page is about intrauterine growth restriction lawsuits. Our birth injury lawyers discuss medical malpractice lawsuits stemming from misdiagnosis and mismanagement of IUGR. We also look at settlement amounts and jury payouts in these intrauterine growth restriction claims. Our intrauterine growth restriction lawyers are based in Maryland but handle these birth injury lawsuits in all 50 states. If you have a birth injury claim, call us today at 800-533-8082.

IUGR

Intrauterine Growth Restriction (IUGR), also known as Fetal Growth Restriction (FGR), refers to a condition in which a fetus fails to grow at the expected rate inside the womb.

Clinically, it is defined as a fetal weight below the 10th percentile for gestational age, a threshold that flags concern for compromised development. While some babies are simply small by genetics, an IUGR diagnosis often signals that the fetus is not achieving its biological growth potential due to an underlying issue such as placental insufficiency, maternal health conditions, or structural abnormalities. IUGR affects an estimated 30 million newborns each year worldwide and is implicated in approximately 24% of all neonatal cases, underscoring its staggering global reach. Left unmanaged, IUGR is not just a warning sign—it remains one of the top contributors to perinatal death and long-term disability. It is the second leading cause of perinatal death.

IUGR Malpractice Lawsuits (what our lawyers see)

In cases that result in a meritorious malpractice claim, the doctors did not take action when the fetus is at risk of not growing in the appropriate expected range.

What must a doctor do? That is the key question in every intrauterine growth restriction lawsuit. The answer depends on the severity of the IUGR and the other symptoms that the mother has, which show a concern that the baby is at risk for hypoxia. Close monitoring – such as regular ultrasounds and weekly nonstress tests – to diagnose and treat intrauterine growth restriction may be warranted, particularly in the third trimester. The mother might also need to be hospitalized for continuous monitoring.

Finally, there are many cases where IUGR reaches a critical mass and the obstetrician is compelled to perform an immediate C-section delivery, particularly if the mother is carrying twins. Sometimes, doctors just do not diagnose IUGR. But our birth injury lawyers see far more cases where the obstetrician properly diagnoses the IUGR, and the nurses just did not take the risk seriously enough to prevent a birth injury.

The big fear with IUGR is the same fear we always have with kids in utero: not enough oxygen. In this case, the oxygen the baby gets comes from the placenta. Deprivation of oxygen is a leading cause of neonatal fatality and can also cause disabilities like cerebral palsy and other physical and mental injuries that result in long-term developmental delays or permanent injury or death.

Intrauterine Growth Restriction

Intrauterine growth restriction occurs when the baby is in the bottom 10% of growth for a fetus of the same age. Fetal growth restriction is not always a problem. Some of these fetuses are constitutionally small because their parents are small. But it is a concern if the child is abnormally small because some problem or abnormality prevents cells and tissues from growing or worse, causes cells to get smaller. Usually, the culprit is a lack of nutrients and oxygen needed for the proper development of organs and tissues. Infection can also be a cause.

Can IUGR be misdiagnosed? Yes. But in our birth injury lawyers’ experience, the misdiagnosis is failing to understand the gravity of the condition, as opposed to the doctor being completely unaware of the intrauterine growth restriction.

When to Deliver a Baby with IUGR

The critical question is when to deliver an IUGR baby. If the child is not receiving enough oxygen or nutrients from the placenta, the condition will worsen as the child grows larger and the demands for sustenance increase. Trying to get more days out of the pregnancy is often a foolish choice when the doctors should be delivering the child before the fetus suffers some hypoxic event that causes catastrophic injury or death.

Constitutionally Small Is Not Always an Answer

In the intrauterine growth restriction malpractice lawsuits our lawyers often see, doctors blow off clear signs and symptoms of IUGR by saying the fetus is just “constitutionally small.” This means that it is just a small baby that does not present a risk to the child. This is often a misdiagnosis of IUGR. The key is for doctors to be able to tell the difference between a baby that is just tiny because it is genetically small and a fetus that is not properly growing because of an underlying pathological condition.

Types of Symmetrical IUGR vs. Asymmetrical IUGR

There are two types of IUGR: asymmetrical and symmetrical. Over two-thirds of the cases are asymmetrical, meaning that the body size of the fetus lags behind its head size. This is the less serious of the two, although it still comes with risk, the biggest of which is probably preeclampsia in the third trimester.

Symmetrical or global growth restriction IUGR is often more serious because the child’s head is also not growing at the desired rate and the reasons for that are of greater concern. Fetuses with symmetrical IUGR typically show signs and symptoms of a problem earlier in the pregnancy than with asymmetrical IUGR.

One cause of IUGR in twins is called a twin-twin transfusion. This is when twins are sharing a placenta and one twin is getting a greater share of the oxygen and nutrients at the expense of the other. With the explosion of multiple births in recent years, our birth injury attorneys are seeing more twin-twin transfusion syndrome cases.

What If the IUGR Was Caused By Something I Did?

This is sometimes a sensitive question in these cases. Intrauterine growth retardation or restriction can come from a specific, known cause or an unspecific, unknown cause. There are many factors that can contribute to IUGR:

• Maternal diabetes
• Maternal or fetal high blood pressure or heart disease
• Kidney disease
• Blood clotting disorders
• Alcohol or drug abuse/smoking
• Poor nutrition

Obviously, the first three are not the mother’s fault. But the last two, substance abuse and, to a lesser extent, poor nutrition, are avoidable risk factors. It does not help your child’s potential malpractice case if your lifestyle choices contributed to your child’s IUGR. But they do not kill you or your child’s case either. Ultimately, the key is what the doctors should have and could have done once they suspected IUGR, not how the problem began in the first place.

Intrauterine Growth Restriction Specialists for Baby (and Litigation)

If your baby was diagnosed with intrauterine growth restriction (or should have been), you want to get the right doctors involved. The involvement of a maternal-fetal medicine specialist (MFM) can make the difference between a healthy outcome and permanent injury. These doctors are trained to manage high-risk pregnancies, including cases where the baby is measuring 2 weeks behind or showing signs of slowed fetal growth.

One of the most common medical errors we see in IUGR malpractice cases is the failure to refer the mother to a specialist when the baby’s growth curve falls below expectations. In many cases, doctors recognize growth issues but do nothing but “monitor.” We say IUGR gets misdiagnosed, but that is not usually how it plays out. Malpractice lawsuits do not generally come because doctors do not see it, but because they underestimate the danger.

Maternal-fetal specialists are equipped to monitor conditions like asymmetrical IUGR, where the baby’s body is underdeveloped in relation to its head. This is often a sign that the placenta is not delivering enough oxygen or nutrients to support full fetal growth. Timely diagnosis and treatment of asymmetrical IUGR will reduce the risk of long-term injury, but only if doctors take the warning signs seriously.

Specialists also help determine whether hospitalization, increased prenatal testing, or early delivery is necessary. Babies with IUGR may need extra monitoring—especially when fetal weight drops below the 10th percentile for gestational age or there are signs of placental insufficiency. In some cases, failing to deliver the baby early can result in stillbirth or lasting brain damage.

When you have an IUGR medical malpractice lawsuit, you often need a lot of experts:

• Neonatologists, who care for premature or growth-restricted babies after delivery
• Pediatric neurologists, particularly when there are signs of hypoxic injury
• Developmental pediatricians, to evaluate long-term outcomes after birth
• Radiologists, who interpret fetal growth scans
• Perinatal pathologists, who examine the placenta in wrongful death claims.

Sample Verdicts and Settlements in IUGR Malpractice Claims

Below are sample settlement amounts and jury compensation payouts in IUGR cases. These underscore one thing that is certainly true: viable claims with serious injuries lead to significant settlements. But keep in mind, we have included just plaintiffs’ verdicts, not cases where the doctor prevails. Moreover, every case is different. A result in one case cannot guarantee or even predict the result of another. Juries are mercurial, and there are just too many factors that determine which way a case will go. Still, we think these are helpful in better understanding the potential settlement compensation for these claims generally.

The doctors in these cases hide behind the fact that there is still some confusion in the diagnostic criteria for IUGR. But that obfuscates the real issue. If there are signs and symptoms of a baby that is not getting the oxygen and nutrients it needs, no one cares what you call it. Intervention is required to save that child (or children, as we often see with IUGR with multiples).

• June 2025, Missouri: $48,100,000 Verdict: A child suffered catastrophic injuries after obstetricians failed to perform a timely C-section despite multiple signs of fetal compromise. The infant was born with severe brain damage and cerebral palsy. The case involved both compensatory and punitive damages, with the jury awarding $28.1 million for actual harm and $20 million in punitive damages for reckless disregard of clear warning signs, including signs consistent with IUGR.

• November 2023, Arizona: $31,550,000 Verdict: Plaintiffs alleged that the hospital failed to recognize signs of fetal distress and misused Pitocin, resulting in oxygen deprivation and severe brain damage. Although IUGR was not the primary diagnosis, restricted growth and poor fetal monitoring were part of the claim. A jury awarded over $31 million in damages, including substantial compensation for future care needs and loss of earning capacity.2023, Pennsylvania: $8,000,000 Settlement: A mother diagnosed with IUGR and other prenatal complications at 38 weeks was not admitted for monitoring or induced. The child was stillborn days later. Plaintiffs argued that the providers should have initiated immediate delivery once the IUGR diagnosis was confirmed. The defendants settled for $8 million, acknowledging breakdowns in both diagnosis and the timing of intervention.

• 2024, New York: $1,590,000 Settlement
  The mother had a documented high-risk pregnancy due to intrauterine growth restriction. Her providers failed to order follow-up ultrasounds and did not escalate care to a high-risk OB/GYN. The child was born with cerebral palsy due to placental insufficiency and oxygen deprivation. The case settled for over $1.5 million after expert review confirmed the failure to provide adequate monitoring and timely intervention.
• 2024, Confidential Settlement: $3,000,000
  A birth injury claim involved a baby who suffered brain damage due to undiagnosed IUGR. The obstetrician failed to refer the mother to a maternal-fetal medicine specialist despite abnormal growth patterns in the third trimester. The baby was ultimately born with hypoxic-ischemic encephalopathy and permanent neurological damage. The claim focused on the failure to act once the fetal growth restriction was apparent. The parties reached a confidential $3 million settlement prior to trial.

• January 2018, Pennsylvania $40,258,000 Verdict: Plaintiffs accused OB/GYN of using excessive force in performing vaginal delivery of 2^nd twin in footling breech presentation, resulting in damage to the baby’s spinal cord leaving her permanently paralyzed from the chest down. The doctor’s birth injury defense lawyer claimed that the baby’s paralysis was due to intrauterine growth restriction, which occurred several weeks before the delivery. However, the evidence from the prenatal records did not support this defense, and the jury found the doctor was negligent and awarded $40 million in damages. So in this case, the doctor tried to use IUGR as a defense to the claim. Obviously, it failed.
• August 2017, New York $396,328 Settlement: Mother was admitted to the hospital for delivery. Pregnancy was high-risk due to intrauterine growth restriction and oligohydramnios, but the delivery team failed to monitor fetal heart rate continuously. When fetal monitoring strips were eventually set up, signs of fetal distress were immediately detected, and the baby was delivered via emergency C-section. The baby suffered oxygen deprivation during delivery and was born with permanent brain damage, developmental delays, and cognitive impairment. Malpractice suit alleged that the hospital staff was negligent in failing to immediately and continuously monitor the baby and failing to timely deliver her via C-section. In this case, it is hard to understand why the verdict was so low. Either the child was not seriously injured or the plaintiff’s claim had real holes.
• October 2017, New Jersey $750,000 Verdict: Parents sued OB/GYN after their infant daughter died in utero at 39 weeks of gestation and was delivered stillborn. Parents alleged that the defendant breached the standard of care by failing to order an ultrasound or refer her to a specialist and failing to properly measure fundal height after she reported vaginal bleeding. Defendant claimed that the stillbirth was due to many abnormalities in the pregnancy, including intrauterine growth restriction, and not poor prenatal care. A jury in Monmouth County awarded $750,000.
• August 2014, Illinois: $525,000 Verdict: A 24-year-old woman at 29 weeks pregnant visited her OB/GYN at 26th Street Medical Center in Chicago for an ultrasound. The results indicated the baby was experiencing intrauterine growth retardation. The radiologist sent the results to the OB/GYN with instructions that a level-two ultrasound was necessary to confirm the diagnosis. The instructions were never given to the woman and she was sent home. She returned the following month with concerns that the baby was moving irregularly. Upon observation, it was determined the child was stillborn and had to be removed. The woman sued the OB/GYN and his practice for negligence. Plaintiff claimed Defendant should have referred her for further testing per the radiologist’s instructions. Defendant argued that Plaintiff was informed of the additional ultrasound but did not show up because the Plaintiff may have believed the child was stillborn and was in denial. A Cook County jury returned a $525,000 verdict for the Plaintiff.
• November 2010, California: $21,060 Verdict: A woman received treatment at Queen of Angels Hollywood Presbyterian Medical Center during the majority of her pregnancy. After 6 months, she lost the fetus due to an intrauterine growth restriction and required surgery to remove the baby. She sued the hospital and her physicians for medical malpractice. Plaintiff hired a birth injury lawyer and claimed Defendants failed to detect and treat the fetus’ condition. The matter proceeded to trial, where a Los Angeles jury rendered a $21,060 verdict.
• April 2010, California: $3,325,000 Settlement: A 33-year-old woman presented to her obstetrician to discuss plans on having children. She was found to have a lack of immunity to chickenpox. Three months after the appointment, she became pregnant. Within her 13th week of pregnancy, she was sent to a second obstetrician for treatment with anti-chickenpox immune globulin (VZIG) after she came in contact with her mother, who had active shingles. However, the obstetrician did not administer treatment. Three weeks later, she broke out in chickenpox that was successfully treated with antibiotics. A perinatologist interpreted ultrasounds at 19 and 24 weeks as having no abnormalities. At 32 weeks, an ultrasound showed intrauterine growth retardation and calcifications in the liver as well as chickenpox in the amniotic fluid. The child was delivered via C-section. The baby was born with severe neurological abnormalities including an absent gag reflex, severe reflux, partial aplasia of one leg and requires 24/7 oxygen therapy. The mother hired an intrauterine growth restriction lawyer and sued her physicians for medical malpractice. Plaintiff claimed she should have been vaccinated before her pregnancy and been administered the VZIG after her exposure to chickenpox. Defendants denied liability, claiming all actions were within the standards of care. The parties agreed to a pretrial settlement amount of $3,325,000.
• March 2008, New York: $16,000,000 Verdict: A woman sought treatment from an obstetrician at State University of New York Health Science Center. The pregnancy had many risk factors, such as a congenital abnormality, which divided the woman’s uterus into two cavities, and there is a risk of intrauterine fetal growth restriction. A Cesarean section was performed at 38 weeks and interrupted the oxygen flow to the infant. She was born in full arrest and had to be revived in the delivery room. She ultimately suffered brain damage that resulted in cerebral palsy, intellectual disability, developmental delays, and a seizure disorder. Her mother hired a birth injury lawyer and sued the obstetrician for negligence. Plaintiff’s expert witness testified that Defendant’s treatment during pregnancy fell below the standard of care. A New York judge rendered a $16,000,000 verdict for the plaintiff.
• November 2007, Michigan: $450,000 Settlement: A woman, pregnant with her third child, had a history of high-risk pregnancies due to hypertension. She was admitted for testing at Regional Medical Center after experiencing contractions and brown vaginal discharge and was observed as being 2 cm dilated and having spontaneous deceleration of the fetal heart rate. She was stabilized and discharged. She returned three days later with similar complaints and was soon transferred to Sparrow Hospital with more frequent and intense contractions. A C-section was performed and the infant was delivered at only 2 lbs. 4 oz. He suffered from intrauterine growth restriction during the pregnancy due to a lack of oxygen that ultimately led to brain damage and a diagnosis of cerebral palsy. The mother sued the hospital and its physicians for negligence. Plaintiff claimed Defendants failed to timely diagnose the child’s condition. Defendants contended all actions were well within the standard of care, but made a $450,000 settlement offer, which was accepted.
• March 2007, California: $117,182 Settlement: A mother-to-be sought prenatal care from physicians at American Women’s Medical Clinic. By her fifth month, it was revealed the infant suffered intrauterine growth restriction. The infant was tragically delivered stillborn. The mother sued the physicians and American Women’s Medical Clinic for negligence. Plaintiff alleged Defendants failed to properly perform their duties during her prenatal treatment. The parties agreed to settle for $117,182.

Experts Who Have Been Named By Plaintiffs in IUGR Cases

This will provide plaintiffs’ lawyers with a starting point for finding experts who can certify or testify in intrauterine growth restriction cases. These are not experts that we have ever used at the time of this posting. Our birth injury lawyers do not share the experts we use online although we will be glad to tell you privately the experts who have testified for our clients.

• OB/GYN
  • Robert Atlas
  • Jeffery Boyle
  • Kathyrn Cashner
  • A. Dean Cromartie
  • Dave E. David
  • Lloyd Holm
  • Paul Gatewood
  • Michael S. Kreitzer
  • Jeffery Soffer
  • Robert Zack
• Pediatric Neurologist
  • Robert Cullen
  • Mark Epstein
  • Ronald David
  • Rita T. Lee
  • Sean C. Orr
• Pathology
  • Rebecca Baergen
  • Mark Cohen
  • Raymond Redline
• Developmental Pediatrician
  • Jack J. Schwartz
• Clinical Psychology
  • Janice Walton
• Diagnostic Radiology
  • David Rabin
• Obstetrics Nursing
  • Laura Mahlmeister

Finding the Best Birth Injury Lawyer for You

If your child suffered harm due to poor IUGR management, misdiagnosis, or negligent prenatal care, you may have grounds for a birth injury lawsuit. Our lawyers handle intrauterine growth restriction negligence cases not only in Maryland but nationwide and can review your medical records to determine whether doctors missed a critical opportunity to protect your baby If you want a lawyer to fight for you and your child, call our birth injury medical malpractice lawyers at 800-553-8082 today or get a free, no-obligation online consultation.

More Birth Injuries

• Overview of birth injuries
  • Cerebral palsy
  • Shoulder dystocia
  • Herpes encephalitis
  • HIE
  • Infant hematoma
  • Uterine rupture
  • Caput succedaneum
• Malpractice during pregnancy causing injury to the child or the mother
• Medical malpractice cases generally