Legal Representation For Injured California Children
The leading cause of death in children over 1 year of age is physical trauma from preventable accidents. Each year, more than 6,000 children die from accidental injury and more than 14 million children suffer avoidable injuries.
Our team of California child injury lawyers understands that the emotional, physical and financial losses that result from injuries to your child can be overwhelming and unexpected. If your child has been injured in an accident, call our legal team at 415-906-3764 or contact the Walkup firm online to discuss your legal options.
Our attorneys handle child injury cases throughout Northern California, including San Francisco, Oakland, Fremont and San Jose.
Experienced Bay Area Child Injury Lawyers
At Walkup, we understand that children are our greatest asset. They carry on our hopes, dreams and aspirations. The death or serious injury of a child impacts not only the present and future life of the child, but also the lives of those who care for him or her.
Our team of San Francisco child injury attorneys has represented children injured in various types of preventable accidents. We have won cases involving unsafe swimming pools, dangerous playgrounds, faulty car seats and strollers and unsafe toys.
We also handle cases involving medical malpractice such as the misdiagnosis or mistreatment of a child's illness.
If your child has been injured in an accident caused by the negligence or fault of another, speak with our team to discuss your options. Call our firm at 415-906-3764 or send us an email and arrange a free consultation regarding your child's injury.
Examples Of Child Injury Lawsuits Handled By Our Firm
Automobile Accident — $8,875,000 Jury Verdict
Our child injury lawyers represented a 16-year-old girl injured in a high-speed automobile accident on the night of her high school graduation. She suffered major head injuries with resulting hemiplegia and cognitive dysfunction. The verdict was returned in Sacramento County against the rental car company that owned the car being driven by the defendant.
Child Brain Damage — $5 Million Settlement
Our catastrophic injury specialists negotiated a cash and annuity settlement worth about $5 million on behalf of an infant born with quadriparetic paralysis after doctors and nursing staff failed to monitor the mother and deliver the baby quickly when fetal heart monitors indicated severe distress. About eight hours after being admitted to the hospital, the mother presented with a fever. The doctor on call administered antibiotics and said he would check back in an hour. Nearly three hours later, fetal heart rate monitors showed a dangerous drop in the fetus's heart rate to 85 and 90 (normal is 140), and it remained there for about 10 minutes, prompting a frightened nurse to call for a doctor. The infant was born an hour later by emergent vacuum extraction with no heart rate. An MRI showed severe hypoxic ischemic encephalopathy. The child will be totally dependent on others for all of her care her entire life. She is not expected to develop beyond the level of a 1-month-old infant. Walkup Melodia lawyers used life care specialists in pediatric rehabilitation to map out a lifetime plan of medical and attendant care.
Delayed Diagnosis Of Appendicitis, Brain Damage – $4.45 Million Settlement
Our pediatric medical malpractice specialists negotiated a settlement in this catastrophic injury case in the amount of $4.45 million on behalf of a 2-year-old boy who suffered a delayed diagnosis of a perforated appendix, which led to peritonitis, metabolic acidosis and ultimately cardiac arrest, which deprived his brain of oxygenated blood. Our young client's original symptoms began a week before his anoxic episode, and during this period his father brought him for outpatient treatment to the defendant clinic on three separate occasions. He was finally hospitalized two days before the arrest occurred. After the arrest, he was resuscitated and was hospitalized for almost five months. He suffered extensive brain damage, which resulted in blindness, impaired cognition and spastic quadriplegia. The amount of the recovery was capped by California's MICRA law. The child requires around-the-clock care. Approximately $2.95 million of the settlement was paid in cash, and $1.5 million was used by the defendant to fund future structured payments to cover the cost of ongoing attendant care and nursing needs.
Car Accident – $4.5 Million Brain Damage Settlement
Our team represented a 14-year-old boy riding as a rear-seat passenger in a car that was involved in a head-on collision in Bakersfield, California. As the car entered a rural intersection, the driver found the roadway flooded. No warning signs had been erected. Although it had been raining earlier, it was not raining at the time of the collision. The flooded roadway caused the car to hydroplane and rotate, crossing into oncoming traffic and colliding head on with a car traveling in the opposite direction. Our young client sustained a major head injury, including coma. He also sustained fractures of his left leg and right arm. His medical bills exceeded $500,000. Because of his brain damage, experts forecasted that he would be unable to be self-sufficient in the workplace. His future wage loss was estimated at more than $800,000. Our attorneys achieved a settlement of $4.5 million against the defendants, including the local county water district, the county road department and the opposing driver.
High School Sports Injury – $4.5 Million Settlement
Our San Francisco child injury lawyers obtained a combination cash and annuity settlement on behalf of a Central Valley 13-year-old who suffered permanent paralysis as a result of unsupervised horseplay before practice for his sophomore football team. In the course of roughhousing, one team member jumped on our injured client, severing his spine. The school district claimed that fault for the incident rested with the child and his schoolmates. The settlement included a cash payment of $2.75 million, with the balance directed to multiple annuities providing for increased levels of support and assistance throughout the child's life as his needs increase. Our attorneys demonstrated that the conduct of school officials in failing to properly supervise the children during a school-sponsored activity violated the California Education Code.
Birth Trauma – $4.1 Million Arbitration Award
Our team of California child injury attorneys obtained a binding arbitration award against the Kaiser Foundation Health Plan on behalf of an infant afflicted with cerebral palsy following negligent delivery at the Kaiser Hospital in Redwood City, California. Our attorneys proved that the child endured a severe hypoxic injury when his mother's uterus ruptured during labor because the attending midwife negligently managed the mother's delivery and failed to reduce or stop the administration of Pitocin, a labor-enhancing drug. Our team also demonstrated that nurses left the mother unattended before the uterine rupture, which resulted in their failure to timely note the ominous signs of fetal distress. Our child injury specialists obtained an arbitration award in the maximum amount of general damages available under California law, $670,000 in future lost earnings, $330,000 in past medical bills and reimbursement for in-home nursing and attendant care at the rate of $15,000 per month, increasing at 3 percent per year, for the life of the child. The arbitrators also awarded the mother $250,000 for emotional distress and $84,000 for household modification expenses.
Defective Hot Tub – $2.5 Million Wrongful Death Settlement
Our child injury attorneys negotiated a settlement in the amount of $2.5 million on behalf of the parents of a 4-year-old girl who was burned over 80 percent of her body in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub. The settlement was paid in satisfaction of the parents' wrongful death claim, as well as the mother's emotional distress claim, as she was present when her daughter was scalded and sustained fatal injuries.
Public Transportation Negligence – $2 Million Settlement
Walkup attorneys negotiated a combination cash and annuity settlement having a present value of $2 million on behalf of a 16-year-old girl who was struck by a San Francisco Municipal Railway train. In the collision, the teen sustained amputation of her left lower leg below the knee. At the time she was struck, she was crossing the street with a green light. The settlement was paid on behalf of the municipality. Although the defense attempted to prove that the child should have heard the approaching vehicle, our attorneys demonstrated that the plaintiff had done nothing wrong and that the injury was entirely the fault of the Municipal Railway driver.
Amusement Park Injury – $425,000 Shoulder Injury Settlement
Our team of child injury attorneys negotiated a settlement in the amount of $425,000 on behalf of a high school student who was injured in the collapse of a water slide in Concord , California. The girl was attending her senior class picnic at the facility when the slide broke. Our attorneys demonstrated that the manager of the water park was negligent in understaffing the park and permitting teenagers to overload and "clog" the slide. The on-duty attendant was undertrained and inexperienced. Our client, who was an accomplished amateur tennis player, sustained a permanent injury to her shoulder when the slide collapsed. Her medical expenses totaled $50,000.