Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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There is no feeling in the world that compares to the moment you are about to hold your new baby. It’s a culmination of months of anticipation, dreams, and planning. Every parent in Paterson, New Jersey, and across the country imagines that perfect, healthy cry, the gentle weight of their child in their arms, and a future filled with limitless possibilities.
But for some families, that joyous moment is shattered. The dream turns into a terrifying and confusing nightmare when a baby is harmed during labor and delivery. When that injury is the result of a preventable mistake—a moment of carelessness or a poor judgment call by a doctor, nurse, or hospital staff—it is defined as a medical malpractice birth injury.
Our team at The Child Injury Firm has dedicated our careers to standing with families in New Jersey and across the nation during these darkest hours. We have sat in living rooms and listened to the stories, seeing firsthand the profound and lasting heartbreak that a birth injury causes. This isn’t about a single mistake in a single moment; it’s about the beginning of a lifelong journey of medical care, constant worry, and staggering financial costs that no family should ever have to face alone.
When we use the term “medical malpractice,” we are referring to a situation where a healthcare provider failed to deliver the appropriate standard of care. The “standard of care” is the level of skill and diligence that a reasonably competent medical professional in the same specialty would have provided under similar circumstances. This isn’t about placing blame for every difficult birth. We understand that medicine is complex and that sometimes, despite the best efforts, tragic outcomes occur. But far too often, injuries are the direct result of avoidable errors. In those cases, families don’t just deserve help—they deserve answers, accountability, and justice.
It is easy to think of a serious birth injury as a rare event, but the statistics paint a much more sobering picture, both nationally and here in New Jersey.
Nationally, the Centers for Disease Control and Prevention (CDC) reports that approximately 7 out of every 1,000 births result in some form of birth injury. While that may sound like a small number, it translates to tens of thousands of families impacted each year.
Here in New Jersey, the data reveal significant patient safety concerns. A 2022 report from the Leapfrog Group, a national nonprofit that grades hospitals on safety, gave New Jersey an overall ranking of 17th in the nation for hospital safety. While many hospitals perform well, nearly 40% of New Jersey hospitals received a grade of “C” or lower. For parents in Paterson, it’s important to be aware of the safety records of local facilities. St. Joseph’s University Medical Center in Paterson, for instance, received a “C” grade in the Fall 2022 Leapfrog Hospital Safety Grade report. These grades are based on dozens of metrics, including rates of infection, problems with surgery, and communication issues—all factors that can contribute to a birth injury.
Furthermore, New Jersey has historically faced challenges with maternal and infant health. The state’s infant mortality rate, while improving, remains a focus for public health officials. Many of the underlying causes of infant mortality and morbidity, such as complications from asphyxia or birth trauma, are the very same issues that can lead to a lifelong birth injury if a child survives. According to the New Jersey Department of Health, Passaic County has an infant mortality rate that is often higher than the state average, highlighting the localized challenges families in our community face. These aren’t just numbers on a page; they represent a tangible risk and underscore the critical importance of holding medical providers to the highest standard of care.
A birth injury is not a single event; it is the start of a marathon that reshapes the lives of an entire family. For parents in Paterson and across New Jersey, the consequences are a complex web of emotional, financial, and physical challenges. Understanding the true scope of these effects is crucial, as they form the basis of what a family needs to secure their child’s future.
The financial burden of a severe birth injury is astronomical and lasts a lifetime. The CDC estimates that the lifetime cost to care for an individual with Cerebral Palsy, a common birth injury, can easily exceed millions of dollars. This isn’t just a single bill; it’s a relentless stream of expenses.
The emotional weight of a birth injury is immeasurable. Parents grapple with a range of powerful emotions, from grief for the healthy child they dreamed of, to anger at the medical system, to guilt and self-blame, even when they did nothing wrong. The daily stress of managing appointments, therapies, and a child’s complex medical needs can lead to chronic anxiety, depression, and a profound sense of isolation. This strain can impact the parents’ relationship, as well as their relationships with their other children, who may feel overlooked or burdened.
Caring for a child with a significant physical disability is physically exhausting. It involves daily tasks like lifting and transferring a child who cannot move on their own, managing feeding tubes, administering medication, and responding to medical emergencies at all hours of the day and night. This constant physical demand can lead to burnout and health problems for the caregivers themselves.
When a medical mistake is responsible for this lifelong burden, we firmly believe that the family should not be forced to carry it alone.
Birth injuries range from mild and temporary to severe and permanent. Many of the most devastating injuries occur when a baby’s brain is deprived of oxygen during labor and delivery, an event that is often preventable with proper fetal monitoring and timely intervention. Here are some of the common types we see that can be linked to medical mistakes at hospitals in or near Paterson:
It is critically important to understand that a diagnosis of one of these conditions does not automatically mean malpractice occurred. However, when the evidence shows a link between the injury and a preventable medical error, families have the right to demand answers and accountability.
Most Paterson deliveries occur at major regional hospitals and medical centers in Passaic County and the surrounding areas, including:
Navigating the legal system is daunting, especially for a family already in crisis. New Jersey has a specific and complex set of laws governing medical malpractice claims, and it is vital to have a legal team that understands them inside and out.
If your parental intuition tells you that something went wrong during your child’s birth and that a mistake may have been made, it is essential to act. Here are the steps we recommend to every family:
Birth injuries are often caused by preventable medical mistakes, and the statistics in New Jersey show that patient safety is a real concern.
The impact of a birth injury is lifelong, encompassing overwhelming financial costs, emotional trauma, and physical burdens for the entire family.
New Jersey law has specific requirements for malpractice cases, including a two-year statute of limitations and the mandatory Affidavit of Merit.
If you suspect malpractice, prioritize your child's medical care, meticulously gather all records and notes, and immediately contact a specialized legal team.
Choosing a law firm that focuses on child injury cases is the single most important decision you can make to protect your child's future.
Provides vital advocacy and support services for children and adults with developmental disabilities and their families in the Paterson area. Website: https://www.thearcofpassaic.org/
A critical state-run system offering services and therapies for children from birth to age three with developmental delays. Website: https://www.nj.gov/health/fhs/eis/
A non-profit leader in providing educational and therapeutic experiences for children and adults with multiple disabilities. Website: https://www.njelks.org/
A major organization dedicated to enhancing the lives of people with disabilities, offering a wide range of services. Website: https://pillarnj.org/
A premier RWJBarnabas Health facility with multiple locations in NJ, providing comprehensive care for children with special healthcare needs. Website: https://www.rwjbh.org/childrens-specialized-hospital/
Your absolute first priority is your child’s health. Ensure they are stable and receiving all necessary medical care, including seeking second opinions if you have concerns. Immediately after, you should contact an experienced birth injury law firm, like ours, to discuss your situation. Time is of the essence.
While the law generally extends the deadline until a child is older, you should never wait. The best time to investigate a case is right away, while evidence is fresh and witnesses’ memories are clear. The practical deadline is now, as building a strong case takes a significant amount of time.
This is a crucial distinction. A birth defect is a condition that develops while the baby is in the womb, often due to genetic or environmental factors. A birth injury is damage that occurs to the baby during the labor and delivery process. Our focus is on birth injuries that were caused by medical negligence.
This is the core of a medical malpractice case. We work with world-class medical experts—obstetricians, neonatologists, and neurologists—who will meticulously review every page of the medical records. They can identify where the care deviated from the accepted standard and provide expert testimony that links that deviation directly to your child’s injury.
This is a common and valid fear. It is illegal and unethical for any medical provider to refuse care or treat your child differently because you have filed a lawsuit. We can also help you find new, highly qualified specialists for your child’s care to ensure they are in the best hands, free of any potential conflict.
Your most important role is to continue being the best parent you can be for your child. For the lawsuit, you are a vital part of the team. You provide us with information, help us understand your child’s daily struggles and needs, and make the ultimate decisions about your case, such as whether to accept a settlement offer. We handle all the legal complexities so you can focus on your family.
It is impossible to give a specific number without a thorough evaluation of your case. The value depends on many factors, including the severity of the injury, the projected lifetime cost of medical care and rehabilitation, the child’s lost future earning capacity, and the extent of their pain and suffering. Our goal is to calculate and secure a recovery that will provide for every single one of your child’s needs for the rest of their life.
No. A consent form is an agreement to accept the known risks of a procedure when it is performed correctly. It is not a waiver that allows for negligent or substandard medical care. You never consent to a doctor making a preventable mistake.
A lawsuit can be filed against any and all medical professionals and institutions whose negligence contributed to the injury. This can include the obstetrician, delivery nurses, the anesthesiologist, and the hospital itself for issues like improper staffing or faulty equipment.
You should never accept a settlement offer without consulting with our experienced birth injury attorneys. Early offers from insurance companies are almost always far less than what your child will need for a lifetime of care. They can be offered in the hope that you will accept before you understand the true, long-term costs of the injury.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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