Walkup, Melodia, Kelly & Schoenberger - injury lawyer
(415) 981-7210

Medical Malpractice

Medical mistakes can lead to serious, lifelong injuries. The legal team at Walkup, Melodia, Kelly & Schoenberger represents Californians injured in all types of medical negligence cases.

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Groundbreaking Advocates For Victims Of Birth Injuries

Expecting and delivering a new baby should be a happy time, free from medical complications. However, the joy you anticipated can swiftly turn to sorrow when something goes wrong. All too often, the negligence of medical professionals results in injuries, lifelong complications or even death of newborn patients whose lives have only just begun. Our San Francisco birth injury attorneys are here to help you and your family, though.

Unparalleled Success In Winning Groundbreaking Recoveries

At Walkup, Melodia, Kelly & Schoenberger, a premier personal injury firm in San Francisco, California, our birth injury lawyers are dedicated to pursuing accountability on behalf of innocent newborns and their families.

Our firm stands on a tradition of excellence spanning more than 50 years. We have won outstanding results in birth injury cases – including a $23.2 million jury verdict, one of the largest in the nation for obstetrical injury.

Our team of award-winning attorneys includes a former physician with two decades of medical experience. We routinely work with medical specialists to quickly and accurately identify negligence that may have contributed to your infant’s injuries or death.

Understanding The Full Ramifications Of Birth Injuries

Birth injuries can occur at any point during pregnancy, delivery or post-partum newborn care. The effects of a birth injury can last a lifetime.

At Walkup, our experience in birth injury cases encompasses virtually every imaginable scenario, including:

  • Delivery trauma
  • Complications from negligent forceps delivery
  • Failure to timely order a C-section
  • Infant brain injuries
  • Oxygen deficiency during labor and delivery
  • Inadequate or negligent fetal monitoring
  • Negligence on the part of hospitals, physicians, HMOs, nurses, midwives and other professionals

We have handled birth injuries ranging from shoulder dystocia and hydrocephalus to Erb’s palsy, cerebral palsy and more. As a result of our extensive experience in this niche field, we understand the lifelong ramifications of birth injuries on both a medical and practical level. This knowledge enables us to accurately assess the extent of your harm – and translate it into a dollar amount. Your full and fair recovery is our foremost priority.

Our Successful Birth Injury Lawsuits

As one of the area’s premier birth injury law firms, we have obtained numerous multimillion-dollar recoveries for infants and their families. Below are several examples of how we have helped families finance the cost of rehabilitation and recovery while holding negligent parties responsible and preventing such future incidents.

  • Cerebral palsy, quadriplegia and cognitive impairment: A senior partner at the firm obtained a groundbreaking $23.2 million jury verdict for a child who suffered extensive heath problems during a traumatic delivery. The family medicine doctor failed to appreciate the signs of fetal distress, resulting in a failure to perform a cesarean section in a timely manner. The verdict is among the largest birth injury awards in the nation.
  • Hypoxia at birth: We obtained a $6 million settlement for a child who suffered hypoxic brain injury during delivery. The nurse and obstetrician failed to adequately monitor and respond to signs of placental abruption, despite the mother’s elevated risk.
  • Anoxic brain damage: We obtained a $5 million settlement on behalf of a child who suffered irreparable brain damage during delivery. The obstetricians failed to correctly analyze or diagnose fetal distress on the fetal monitoring tapes. Our experts testified that had a timely cesarean section been ordered, the child would not have suffered the oxygen deprivation that led to lifelong brain damage.
  • Hypoxic ischemic brain damage: We negotiated a $5 million settlement for a young boy who suffered global brain damage during birth. The attending physicians failed to detect fetal distress. This settlement is among the largest ever negotiated on behalf of a North Bay plan member of the HMO at issue.
  • Failure to recognize fetal distress: We negotiated a $5 million settlement on behalf of an infant who suffered developmental delay, permanent neurological injuries and other complications. The attending physician failed to monitor the fetus after the mother developed inflammation of the amniotic membranes.
  • Failure to timely perform a C-section: We obtained a $4.1 million arbitration award against Kaiser Permanente on behalf of a newborn afflicted with multiple neurological injuries. The infant suffered oxygen deprivation after his mother’s uterus ruptured. The attending midwife and obstetrical nurses failed to properly manage the mother’s labor.
  • Nurse error: We obtained a $3.25 million settlement for a child who suffered cerebral palsy, cortical blindness and other complications at birth. The attending nurses ignored signs of fetal distress, despite the high-risk nature of the pregnancy.
  • Failure to recognize neonatal hypoglycemia: We negotiated a $2.25 million settlement on behalf of an infant who suffered permanent blindness, developmental delay, cognitive deficits and other complications. The attending nursing staff failed to follow proper protocols after the baby showed signs of hypoglycemia.
  • Delayed hospital admittance: We negotiated a favorable settlement on behalf of a child who suffered brain damage and other complications when the mother’s uterus ruptured. A nurse negligently failed to advise the mother to come to the hospital in time.
  • Infant death: We obtained a favorable award on behalf of parents whose 2-day-old infant died due to complications from the mother’s uterine rupture. The doctors failed to realize that the baby was outside the uterus and in the abdominal cavity. As a result, an emergency C-section was performed too late.
  • Failure to diagnose Down syndrome: We obtained an $875,000 settlement in a wrongful birth case after the medical center failed to offer prenatal screenings for a high-risk pregnancy.

Get A Free Assessment Of Your Potential Claim

Contact us if you have questions about your child’s injuries or disabilities or if you would like to learn more about your child’s right to recover benefits from a negligent wrongdoer. For a free consultation to discuss your case, call us at (415) 981-7210.

Our team will take concrete steps to identify indicators of negligence – for example, by analyzing electronic fetal heart rate monitoring tapes and fetal PH scalp sampling to determine if your infant was properly monitored during birth. We handle birth injury cases nationwide.

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“They held us by the hand and walked us through the entire sequence. The settlement was more than we expected. The attorneys did the best job I could ever imagine. They pulled me through this whole miserable time and stood by me.” View Testimonials >

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Reason #8

We Try Cases. While most cases settle, some cases need to be tried for our clients to recover full value. Insurance companies and major corporations will not pay full value of a case if they are not afraid of the plaintiff's lawyer in trial. If your lawyers cannot win in trial you have no negotiating power. We win in trial; judges and defense lawyers know that. Our team of lawyers have been honored as "Trial Lawyer of the Year" by the San Francisco Trial Lawyer's Association and the California Chapter of the American Board of Trial Advocates.

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