Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

Infant Hypotonia Birth Injury Malpractice Lawsuits

Hypotonia is a medical condition characterized by poor muscle tone. In infants, it is more commonly known as floppy baby syndrome. Hypotonia can be a separate congenital disorder or it can be a symptom of another underlying condition such as cerebral palsy or muscular dystrophy. Hypotonia is typically diagnosed during infancy.

What Causes Hypotonia?

Hypotonia is not a condition of its own, but rather a symptom of a number of different health conditions. It is caused either by birth injuries or conditions related to the brain, spinal cord and nerves. All of those organs have a role in muscle control and development.

Hypotonia in infants may be caused by these, among many other conditions:

In some cases, referred to as benign congenital hypotonia, the cause of the infant’s hypotonia is unclear.

What are the Symptoms of Hypotonia in Infants?

Hypotonia is defined as muscle weakness. Your baby may have hypotonia if he or she exhibits the following symptoms:

  • “Floppy” when picked up
  • Muscles feel soft
  • Passive (doesn’t respond to stimuli)
  • Limbs can extend beyond normal limits
  • Does not reach motor skills and/or speech milestones (e.g. holding up head, rolling over, etc.)
  • Hip, jaw, or neck dislocate
  • Mouth hangs open
  • Difficulty breastfeeding
  • Shallow breathing

Can Hypotonia be Cured?

Treatment of hypotonia, as well as the success of treatment, depends on the underlying cause. There is no successful treatment for reversing brain damage that happens during birth. The same is generally true for other types of birth injuries, such as nerve damage.

However, treatment can improve the condition and usually involves physical therapy, speech therapy, and/or occupational therapy. The primary goal of these treatments is to improve muscle tone and sensory stimulation. While some infants with hypotonia may reach developmental milestones later than typical, early intervention can make a significant impact on outcomes.

Long-Term Outlook for Infant Hypotonia

The long-term outlook or prognosis for infants with hypotonia depends entirely on what the underlying cause of the condition is. If the infant has hypotonia as a result of something serious like cerebral palsy, then the long-term outlook is not very good. Some other underlying causes may not be permanent, however, in which case the long-term outlook is more positive.

In most cases hypotonia is never actually life-threatening. The only real exception to this is if the hypotonia is caused by serious motor neuron or cerebral dysfunction.

Is Hypotonia Related to Cerebral Palsy?

Hypotonia is not the same thing as cerebral palsy, but the two conditions are interrelated. Hypotonia is often a symptom of a specific type of cerebral palsy known as hypotonic cerebral palsy.

The more common type of cerebral palsy is hypertonic or spastic cerebral palsy, which involves overly tight and contracted muscles. Hypotonic cerebral palsy is a less common form and is characterized by loose, poorly toned muscles (hypotonia).

Hypotonia Verdicts & Settlements

Below, we summarize verdicts and settlements won by parents whose children suffered a hypotonia injury. Some of these cases involve hypotonia as the primary injury, but hypotonia is often accompanied by other injuries. The severity of the injury and the presence of other injuries influences the value of the case. Every case is unique, and these summaries should be used for informational purposes only.

  • 2022, Michigan: $1,200,000 Verdict An infant suffered hypotonia and brain damage resulting in cognitive disabilities when medication was administered to the infant’s mother during labor. The plaintiff mother contended that the defendant was negligent in providing her with a large amount of medication and in failing to discontinue it before permanent damage had resulted to the infant. The defendant contended that a sufficient amount of medication was administered to the plaintiff in order to help her through the childbirth process and that the result of the infants’s injury was due to a genetic defect.
  • 2021, California: $850,000 Settlement The plaintiff, a female infant, reportedly suffered hypoxia during labor and delivery, which resulted in permanent brain damage resulting in static encephalopathy cerebral palsy, a seizure disorder, developmental delay and quadriplegic hypotonia. The plaintiff contended the defendants failed to properly monitor, evaluate, care for and treat her and her mother during K.V.’s birth and failed to exercise the proper degree of knowledge and skill in diagnosing, treating and caring for the plaintiff.
  • 2019, Washington: $24,000,000 Verdict While delivering a baby, hospital staff allegedly do not notice signs of distress on the fetal heart monitor. When the baby is delivered, the umbilical cord is wrapped around her neck and she has to be resuscitated for 20 to 30 minutes. She is floppy immediately after she is born. She will have severe cognitive and movement problems for the rest of her life. For example, she is unable to walk and cannot communicate with language. A jury awards $24 million.
  • 2019, New York: $1,750,000 Settlement A baby suffers a brain injury during his birth. The doctor allegedly failed to monitor fetal distress. The baby has a brain injury, hypotonia, issues with developmental delays and coordination, seizures, and an eye disorder. A neurological injury that occurred shortly before his birth caused these conditions.
  • 2013, Kansas: $500,000 Settlement The plaintiff sues her OBGYN for negligent C-section delivery based on failure to develop an appropriate delivery plan and failure to recognize the position of the baby in birth canal. She alleges that the doctor’s actions resulted in brachial plexus damage, causing permanent hypotonia in her baby’s lower body.
  • 2006, Connecticut: $2,000,000 Settlement After issues with her delivery, an infant girl is diagnosed with hypotonia. As a child, she uses leg braces and has difficulty speaking. Her parents settle with the defendant hospital staff for $2 million prior to trial.

Contact Birth Injury Attorneys

The birth injury attorneys at Miller & Zois can help you obtain financial compensation for infant hypotonia and other birth injuries. Call us at (800) 553-8082 or submit a request for a free consultation to discuss your medical malpractice case.

Medical Research

Floppy Infant Syndrome: An Overview” by Jaspreet Kaur and Sonu Punia, International Journal of Physiotherapy and Research, 2016. An overview of infant hypotonia, from symptoms and causes to treatment. Contains detailed information on causes and diagnosis.

Client Reviews
★★★★★
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
★★★★★
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa
Contact Information