World Cerebral Palsy Day: Amber’s story

Cerebral palsy (CP) is the most common physical disability in childhood. According to the Australian Cerebral Palsy Alliance, one in 700 Australian babies is diagnosed with the condition.

Monday 6 October 2025 marks World Cerebral Palsy Day, an opportunity to raise awareness for the 50 million people worldwide living with CP, and the more than 350 million parents, family members and caregivers who share in their journey. It’s a day to recognise, celebrate and take action for greater inclusion and support.

This year's theme, 'Unique and United’, celebrates what makes every member of this community special.

In about 94% of cases of cerebral palsy in Australia, the brain injury leading to cerebral palsy occurs before or within the first month of life.

We share our client Amber’s story to demonstrate the profound effects cerebral palsy can have on someone’s life – and why appropriate, well-managed pregnancy care is so vital.

Cerebral palsy is a complex disability

Cerebral palsy affects posture and movement, and it can also impact intellectual function. Many people with CP have additional needs related to communication, hearing, mobility, or vision. Its impact can range from a weakness in one hand to almost a complete lack of voluntary movement.

Among children with cerebral palsy in Australia:

• 25% cannot talk
• 33% cannot walk
• 20% have an intellectual disability
• 25% have epilepsy

There is no single cause of cerebral palsy, and the exact cause remains unknown for most babies born with it. However, certain risk factors may occur during pregnancy, at birth, or shortly after the baby is born.

Sadly, Maurice Blackburn has acted, and continues to act, for a number of clients who have been diagnosed with cerebral palsy as a result of events before, during, or after birth that were not appropriately managed by the medical professionals responsible for their care.

Cerebral palsy and the risk factors associated with birth

Although risk factors do not directly cause cerebral palsy, the presence of some risk factors may increase the likelihood of a child being born with cerebral palsy. There are numerous risk factors for cerebral palsy, which may include congenital disabilities, growth restrictions during pregnancy, low sugar at birth, jaundice at or after birth, or infection around the time of birth.

The failure to properly manage certain risk factors medically can also increase the risk of injury to a baby’s developing brain and lead to cerebral palsy. 

Unfortunately, we often see families who experience a mismanaged pregnancy or labour, which can cause their unborn baby to suffer prolonged oxygen deprivation and severe brain injury.

Rebecca and Phil's IVF journey and unexpected complications

Rebecca and Phil endured two cycles of IVF without success before they conceived their first child, Amber, in 2005. They chose a private obstetrician to manage the pregnancy, which proceeded smoothly for 41 weeks.

In March 2006, Rebecca was booked for an induction of labour. When she arrived at the hospital that morning, there were signs of preeclampsia, a serious condition that can cause significant harm to both the mother and their baby if left untreated. At the time, Rebecca and Phil had no idea what this could mean for Amber.

“The day comes, and you go to the hospital, prepared to come home with a happy, healthy baby, but the day takes a turn for the worse, and at the end of the day, your child has been taken to the intensive care unit and is fighting for their life,” Rebecca says.

Cerebral palsy as a result of birth trauma: Amber’s story

Rebecca was induced as planned. However, her labour progressed slowly over the course of the day. Meanwhile, her blood pressure remained very high and repeated urine tests showed elevated protein levels. She was not given any medications to manage her blood pressure.

The decision was made to deliver Amber by caesarean section. Despite Rebecca’s blood pressure spiking, she wasn’t taken to the operating theatre until approximately 90 minutes later, and during this time, Amber’s heart rate was not monitored. Just after she arrived in the theatre, Rebecca went into active labour and ended up delivering Amber naturally.

Amber was born in poor condition. She was floppy at birth and required significant resuscitation and oxygen support. After she was admitted to the NICU, she began to suffer frequent seizures, and a brain scan revealed profound brain damage caused by a lack of oxygen prior to her birth.

Amber now lives with spastic quadriplegic cerebral palsy. This is considered the most severe form of cerebral palsy, as it affects all four of her limbs. She has very little control over her arm and leg movements, uses a wheelchair for mobility, is non-verbal, and is fed through a PEG tube. Despite these challenges, she still engages with her family and community in her own way, showing remarkable resilience every day. 

When Amber’s family approached Maurice Blackburn, our team immediately began examining the circumstances of her birth, committed to supporting Rebecca and Phil as they sought answers and accountability. We obtained evidence from an independent obstetrician who said that Amber’s heart rate was abnormal at times during labour. 

According to the obstetrician, these possible signs of distress should have sparked concern, given Rebecca’s preeclampsia. It is alleged that an emergency caesarean section should have been strongly recommended earlier that afternoon. Had this happened, Amber would likely have avoided the oxygen deprivation that caused her brain injury.

Amber graduated from high school in 2023, marking a proud milestone for her family. But Rebecca and Phil say that the impact of CP will remain a lifelong struggle for their daughter.

How we help families access the care and support they deserve

When cerebral palsy results from medical negligence, we support families in accessing the compensation they need to provide tailored, high-quality treatment and education. This support helps carers in their vital role and enables their child to achieve the best possible chance to thrive through early access to therapies and medical care.

“The impacts of cerebral palsy are devastating not only for a child, but their whole family,” says Medical Negligence lawyer Louis Baigent.

“Claims for children with cerebral palsy are some of the most tragic we encounter. They are also some of the most rewarding, as the potential compensation can help clients to live as rich and fulfilling a life as they truly deserve.”

If you (or a loved one) has cerebral palsy, you may be eligible to claim under the National Disability Insurance Scheme (NDIS). The NDIS provides funding for the support and services you may need because of your CP.

If the cerebral palsy was caused by a medical event, you may be entitled to additional support.

Our team of expert medical negligence lawyers are here to guide you through the process, listen to your story, and achieve the best possible outcome for you and your family.