Birth Injuries

About Kanner & Pintaluga: Birth Injury Law Firm

The birth trauma law services at Kanner & Pintaluga have over twenty years of experience fighting personal injury and medical malpractice claims. We’ve represented hundreds of thousands of clients nationwide, helping families get the compensation they deserve.

We know that you’re faced with the enormous task of finding care for your little one. You may be looking at long-term medical fees, rehabilitation, therapeutic services, and more costs. Furthermore, your child’s life may be altered forever.

We proudly report that more than 95% of all personal injury cases settle outside court. That means you can likely get the payout you’re entitled to without facing a trial or jury. However, approximately 5% of such cases do move forward to trial. Should that occur, our experienced birth trauma team is ready to bring your case in front of a judge. We’ll fight tirelessly to ensure your family receives justice.

How to Get Started

To start filing a claim, contact our birth injury law firm today. It costs you absolutely nothing to get started. The team at Kanner & Pintaluga provides entirely FREE and confidential case evaluations with no obligation.

To schedule your consultation, we’ll need some basic information, including:

• Your name, date of birth, and address
• Contact information
• Case details
• Photos and copies of relevant documents

Examples of documents to include when requesting a consultation include medical reports and bills, documentation regarding your child’s injuries and prognosis, and other supporting evidence that may help build your case.

Then, we’ll take it from there. Kanner & Pintaluga employs a team of nearly 100 attorneys across the country. We work with countless subject matter experts, like medical consultants and investigators, who will work to prove your case.

Birth Injuries by the Numbers: Data & Statistics

The emotional trauma of birth injuries can be profound and lasting for the whole family. You may question what went wrong, who is to blame, and how to move forward. You’re likely experiencing a state of deep grief as you mourn for your child in pain and also for the life you dreamed of. Add to this trauma the new reality of navigating complex, long-term care for your little one and the financial obligations that come with treatment, and it can feel entirely overwhelming.

You may have other children at home and find yourself striving to maintain a level of normalcy in their lives while your world has turned upside down. Surely, there’s nothing more terrifying and stressful than this. However, it’s an unfortunate reality for about 30,000 families in America each year as children suffer injuries during birth. Approximately 7:1,000 infants will suffer a birth injury.

The fact is that most birth injuries can be prevented with proper care. While birth trauma rates have declined in recent decades with advances in the medical field, countless families and children are still left to face hardship due to negligence.

Birth injury by the numbers, according to the American College of Obstetrics and Gynecology:

• 80% of birth injuries are considered moderate or severe.
• Birth injuries are more common in male babies.
• Birth injuries account for 20% of all infant deaths annually.
• Fetal oxygen deprivation occurs in over 4 million deliveries annually.
• Head and scalp injuries are the most common types of physical injuries to newborn babies, with scalp injuries accounting for 80% of all birth injuries.
• 0.2%-4.5% of U.S. births result in newborn clavicle (collarbone) fractures.
• Fetal distress occurs in 5%-10% of all deliveries.
• Hypoxic-ischemic encephalopathy (HIE) is a severe type of brain damage caused by a lack of oxygen. HIE occurs in 1%-2% of all live births.

In addition to these debilitating injuries, infants who experience birth trauma are more likely to have comorbidities. Comorbidity is “the simultaneous presence of two or more diseases or medical conditions in a patient.”

The most common comorbidities for birth trauma patients include: intellectual disabilities (45%), epilepsy (25%), vision impairment (10%), autism (7%), and hearing impairment (5%).

Types of Birth Injuries

Birth injuries can range from mild scrapes and bruises to severe conditions like cerebral palsy. According to Science Direct, broken collarbones, for example, occur in up to 4.5% of live births. While many infants who suffer birth trauma go on to make full recoveries, leading typical and fulfilling lives, others are faced with profound disability and the need for indefinite medical care.

Here’s an overview of the most common types of severe birth injuries.

Cerebral Palsy (CP)

According to the CDC, the prevalence of Cerebral Palsy may be as high as 4 in every 1,000 live births. It’s a group of movement disorders caused by brain damage before, during, or after birth, significantly affecting a child’s mobility. Less than 60% of pediatric CP patients can walk. CP is the most common neurological movement disorder in children nationwide.

Nearly 70% of cerebral palsy cases result from a birth injury. However, the condition often goes undiagnosed until a child reaches the age of 12-24 months. There is no cure for the condition, and it frequently brings profound disability.

Erb’s Palsy (EP)

According to the National Library of Medicine, EP occurs in approximately 2.6% of live American births. It’s a nerve injury known as brachial plexus palsy or brachial plexus injury. EP is characterized by nerve damage and muscle weakness in the arm or shoulder.

EP is often caused by excess force or incorrect use of assistive birth tools like forceps or vacuum extractors. It’s more common in babies with high birth weights and babies of multiple births. Luckily, 80% to 90% of infants recover fully or almost fully with early treatment. However, 10% of patients are left with lasting complications.

Hypoxic-Ischemic Encephalopathy (HIE)

According to UF Health, HIE is a type of brain damage caused by limited flow of oxygen during birth and delivery. It affects up to 2.5% of live births and is almost always the result of medical malpractice or negligence.

30%-50% of children affected by HIE develop severe neurological conditions as a result of the injury. About 30% of these children also develop cerebral palsy.

Spinal Cord Injuries

Spinal cord injuries may cause temporary or permanent loss of function and often occur due to stretching or compression of the spine during delivery. These injuries are more common during complex or extended labor. They can also result from breeched births, shoulder dystocia, and more.

An infant may recover from a spinal cord injury, or they may be left with lifelong complications such as paralysis. Forceful or improper delivery techniques are often responsible for such injuries.

Facial Paralysis

A newborn may lose the ability to move their face if a doctor applies too much pressure during delivery, resulting in facial paralysis. Risk factors include instrument-assisted births where forceps or a vacuum extractor are used.

While some infants make a full recovery on their own within a few months, others may face lasting nerve damage.

Hemorrhages

Hemorrhages occur when bleeding is present in a baby’s skull. While minor hemorrhages may heal on their own, others cause serious and severe complications. These injuries can result from too much pressure or improper force applied during delivery.

How to Recognize Birth Injuries

The sooner you recognize a birth injury, the better the prognosis of your child. Early treatment is the key to recovering from birth trauma. However, certain conditions are permanent and do not respond to treatment.

Signs of possible birth injuries may include:

• Unusual bruising or swelling
• Abnormal body posture
• Difficulty feeding
• Excessive crying
• Trouble sleeping
• Weak reflexes
• Poor muscle tone
• Respiratory issues
• Unusual eye movements
• Facial asymmetry
• Floppy limbs
• Muscle stiffness
• Improper range of motion
• Delayed developmental milestones
• Seizures
• Abnormal heart rate
• Hearing difficulties
• Impaired vision
• And more

Common Causes of Birth Injuries

According to Stanford Medicine, there are several common causes of birth injury. The most common is the natural forces of labor. However, medical malpractice and negligence can also cause trauma to infants. Complications during labor, delivery, or pregnancy can lead to unforeseen circumstances.

Risk factors associated with increased rate of birth injuries include:

• Premature birth
• Overweight or underweight babies
• Maternal risk factors like Gestational diabetes and Pre-eclampsia
• Maternal obesity
• Prolonged labor
• Cesarean delivery
• Instrument-assisted delivery
• And more

Birth Injuries: Cost of Care

While birth injuries come with an immediate cost of care, like NICU stays and immediate medical intervention, many families face years or lifetimes of additional expenses. Serious injuries like brain and spinal cord damage can exceed $2.5 million in care costs. According to the CDC, the average lifetime cost of caring for an individual with cerebral palsy is approximately $1.6 million.

The cost of birth injuries can include:

• Hospital and delivery bills.
• NICU.
• Therapeutic interventions like speech therapy, physical therapy, and occupational therapy.
• Medication costs.
• Medical devices like wheelchairs, home accommodations, G-tubes, and more.
• At-home nursing and respite care.
• Lost wages due to childcare issues and medical appointments.
• And more.

You may be entitled to financial compensation in a birth injury settlement. Compensation can cover medical bills, lost wages, care costs, emotional distress, loss of quality of life, and more.

What Birth Injuries Qualify for a Claim?

Any birth injury that is the result of medical malpractice or negligence that causes your family damages may qualify for a claim. If you incur additional medical bills or time off work, or if your child experiences significant pain, suffering, and loss of quality of life, you may be entitled to compensation.

Speak with an experienced birth trauma law firm today to see if your child’s birth injury may qualify.

Types of Damages in Birth Injury Cases

You can file for compensation for several types of damages regarding a birth injury claim. This compensation extends beyond medical bills, though these costs are certainly accounted for.

Compensatory Damages

Compensatory damages include reimbursement for medical costs, insurance premiums, medications, medical devices and equipment, and more. This is the financial loss caused directly by your child’s birth injury. Compensatory damages are also referred to as economic damages.

Special damages may include lost wages and future lost wages, long-term care bills, and more.

General Damages

General damages include non-financial loss. These damages can cover pain and suffering, emotional distress, and loss of quality of life. Loss of enjoyment, loss of relationships, and more can fall under general damages.

General damages are an abstract cost to calculate, but you are just as entitled to this compensation as you are to economic damages. An experienced birth trauma lawyer will help determine how much your general damages claim should be.

Punitive Damages

Punitive damages are a form of punishment for negligence, lack of care, and liability. In your case, a judge may award such damages to punish a doctor or hospital for their misconduct or negligence.

Filing a Birth Injury Claim: A Step-by-Step Guide

Filing a birth injury claim can be overwhelming and scary. The birth injury law firm of Kanner & Pintaluga knows the challenges you’re facing and is here for you each step of the way. Our main goal is to help ease your burden and secure the financial compensation your family is entitled to.

Here are the most significant steps to filing a birth injury claim and getting the justice you deserve.

Step One: Gather Evidence

While Kanner & Pintaluga have extensive resources at our disposal to help gather evidence, during your FREE case evaluation, we’ll ask you to see your documentation regarding your case.

This initial evidence can help us determine whether you have a valid claim and how much your case may be worth. It may help prove that a doctor or hospital is at fault for your child’s birth injury.

Examples of evidence to gather and provide include:

• Detailed medical records
• Photographs or video of your child’s injuries
• Statements from the medical providers present at the time of the injury
• Documentation of your child’s treatment, delays, and condition
• Developmental assessments
• Independent evaluations from another healthcare provider to confirm the injury and its potential causes.
• Names of medical providers and dates of treatment.
• A written timeline of events about your child’s injury.

Please note that you do not need to have all of these points of evidence to begin a claim, and much will be discovered during our firm’s investigation of your case.

Step Two: File Your Birth Injury Claim

Once you hire our birth injury law firm, it will be time to notify all relevant parties that you will be seeking compensation for your child’s injury or birth trauma. We’ll take care of this part for you. During this phase, we’ll identify the responsible parties and individuals and handle the legal paperwork.

Step Three: Negotiate Settlement

Once our investigation is underway, we’ll begin an attempt to negotiate a settlement on your behalf. More than 95% of all personal injury and malpractice cases can be resolved through the negotiation process without proceeding to court.

We’ll speak with insurance companies, hospital representatives, and the opposing side’s legal team on your behalf so you can focus on your child’s well-being.

Step Four: File a Birth Injury Lawsuit

If we cannot reach a favorable settlement through negotiation, we’ll proceed with filing a birth injury lawsuit. This signifies that we are ready to proceed to court with your case, bringing the claim to a judge and jury to fight for your rights.

Step Five: Fight Your Case In Court

During the trial phase of your lawsuit, the birth trauma team at Kanner & Pintaluga will defend your case in court. Here, we’ll present all evidence, witness testimony, and expert input regarding your child’s injuries to a jury.

Step Six: Case Resolution

Case resolution is the final step in the birth injury claim process. You may resolve following negotiation or after fighting a case in court. This is where your final compensation package and payout terms are determined. For example, you may receive one lump sum to compensate for damages. You may also receive annuity payments over time.

Once a case reaches resolution, you forfeit the right to file another lawsuit against the opposing parties. In the eyes of the court, your case is concluded, and your settlement is final. For this reason, it’s essential to seek maximum damages upfront since you cannot go back and ask for more later due to a change in financial circumstances.

What Factors Can Affect a Birth Injury Claim?

There are various factors that can affect a birth injury claim and the damages you receive. The severity and type of injury, the quality of medical care provided, and whether negligence played a role can all significantly influence the outcome of a birth injury claim. Additionally, state laws, the expertise of your legal team, and the ability to prove causation all contribute to how a case is evaluated and compensated.

Here are the five most important factors when examining a birth injury lawsuit.

1. The Type of Injury

The more serious the injury, the larger your birth trauma claim may be worth. Injuries that result in permanent disabilities and loss of enjoyment of life are more likely to yield significant payouts.

Conditions like cerebral palsy, for example, are likely to come with more damage than a broken collarbone. Your child’s prognosis and projected medical costs for continuing care are important here.

2. Liability

Liability is “the legal responsibility of a person or organization for their actions or omissions.” Regarding birth injury cases, liability refers to the medical providers or facility responsible for your child’s care at the time of the injury. If these parties are liable for the injury, they failed to provide adequate care, harming your child.

3. Negligence

Negligence in a birth injury case means a doctor or medical provider/facility acted dangerously and outside of the scope of expected behavior. They worked in a way that no other reasonable medical care provider would be expected to behave. Such actions may include improper force, the improper use of medical tools, missed diagnosis, failure to perform necessary medical intervention, failure to respond to distress promptly, and more, resulting in your child’s injury.

4. Damage Caps

A “damage cap” is the legal limit on compensation an injured party can receive in a civil lawsuit. The maximum amount can be awarded for damages like pain and suffering (non-economic damages). While you can always seek compensation for the total financial loss associated with your child’s birth injury, states impose limits on the more abstract damages to moderate large settlements against defendants.

Each state has its laws regarding damage caps.

5. The Statute of Limitations

You only have a certain amount of time to file a birth injury claim, and the statute of limitations regarding medical malpractice suits varies by state. Most states have a statute of limitations ranging from two to five years from the injury’s date or discovery. Speak with an experienced birth trauma lawyer today to learn more about your state’s guidelines and exceptions.