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
Common Types of Birth Injuries
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.
There are various types of birth injuries that can occur, and our team has vast experience helping clients of children who sustain the following:
- Cerebral palsy: Studies say that approximately 10,000 babies are born each year with cerebral palsy. This condition is caused by low oxygen levels reaching a child’s brain before or during the birthing process. Cerebral palsy refers to a range of neurological disorders that can affect a child’s movement, muscle coordination, and posture. Many children with this condition also suffer from developmental impairments. Cerebral palsy is often caused by medical mistakes that cause oxygen deprivation to a child’s brain.
- Erb’s palsy: Also called brachial plexus palsy, Erb’s palsy is a condition that often results when a medical professional is negligent and injures an infant’s brachial plexus, which is a group of nerves that controls movements and sensations in the arms. This injury often occurs if there is difficult freeing a baby’s shoulder from a woman’s body after the head has appeared. This injury often manifests itself as weak or paralyzed muscles in a child’s shoulder, arm, and hand. Some children require physical therapy and/or surgery to regain normal function.
- Shoulder dystocia: This type of injury occurs during birth after a child’s head has emerged from a woman, but the shoulders get caught behind her pubic bone. If not properly recognized and addressed, an infant could suffer nerve damage and even paralysis to the arms and hands. Improper procedures in this situation could also result in a lack of oxygen to a child, which can cause irreversible brain damage or even death.
How Birth Injuries Impact Quality of Life
Any parent that learns their child has sustained a birth injury will be devastated. While children who sustain birth injuries are often able to live long and productive lives, ongoing medical care is usually required in these situations. Depending type of injury and the degree of any brain damage sustained, a child’s quality of life could be affected in a variety of ways. It is not uncommon for our attorneys to help children who are affected in the following ways:
- Skeletal deformities such shortened limbs
- Intellectual disabilities
- Seizures on a regular basis
- Problems swallowing, which makes eating and drinking difficult
- Speech problems
- Hearing loss
- Vision problems including strabismus (eye turn)
- Dental or other oral health issues
- Lack of bladder or bowel control
When looking at these potential issues, it is easy to see that life with a birth injury can be incredibly difficult for both children and their parents. Difficulties associated with these special needs can produce an incredible amount of stress, particularly when considering the ongoing costs of supportive and medical care. In many cases, a person suffering from a birth injury will require assistance when performing everyday functions such as walking, bathing, and eating.
What a Birth Injury Attorney Can Do for You
A San Francisco birth injury attorney will be an invaluable resource if the careless or negligent actions of a medical professional caused the injury. Typically, these become medical malpractice cases that require extensive investigation. Your attorney will have the resources and legal knowledge necessary to conduct a full investigation into the cause of the birth injury. An attorney will be responsible for:
- Obtaining all evidence related to the medical mistakes.
- Working with a trusted medical professional to fully evaluate the child’s condition.
- Negotiating with all parties involved in order to secure a fair settlement for past, current, and future medical expenses.
Types of Birth Injury Damages You Can Recover
There are various types of compensation that could be awarded in the event hey birth injury occurs that was caused by the negligence of another person. This can include economic and non-economic damages, such as the following:
- All medical costs related to the injury
- Physical and occupational therapy costs
- Lost wages
- Pain and suffering damages
- Mental anguish damages
Examples Of Successful Representation 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.
Excessive Pitocin Administration/HIE Injury— $23.2 Million Jury Verdict
Lack Of Oxygen Birth Injury (HIE)– $6 Million Settlement
Improper Vacuum Delivery — Confidential Settlement
Improperly Managed Labor — Cerebral Palsy/Brain Injury – $5 Million Settlement
Failure To Recognize Fetal Distress — $5 Million Settlement
Failure To Perform Timely Cesarean Section – $4.1 Million Settlement
Birth Injury – Nurse error- $3.25 Million Settlement
Failure To Recognize Neonatal Hypoglycemia — $2.25 Million Settlement
Failure to Diagnose Down Syndrome – $875,000 Settlement
Delayed Admittance To Hospital – Cerebral Palsy – Confidential Settlement
Uterine Rupture — Infant Death – Confidential Settlement
*Click on the individual result to see details regarding the case.
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.