Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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The day your child is born in a San Jose hospital should be a cherished memory. But when a medical error shatters that moment, joy is eclipsed by a daunting new reality of specialist appointments, profound uncertainty, and a future that looks nothing like you had planned. After learning your child was harmed during delivery, your world halts, and a flood of questions begins.
Our experienced team of birth injury lawyers has stood in solidarity with families throughout the country, asking these same painful questions. We have seen up close the catastrophic effect an avoidable birth injury has on a family’s life. It is a profound injustice, but we offer this message of hope: you are not navigating this path alone, and your family has significant legal rights here in California.
Even in the Bay Area, a global center of medical innovation, preventable healthcare mistakes remain a disturbingly frequent problem. Pivotal research has highlighted medical error as a top cause of serious harm in America. Our goal is to arm you with the best direct, honest information, enabling you to be the most powerful advocate possible for your child within the complex local healthcare landscape.
A newborn’s medical chart can be filled with complex “noise”—factors like prematurity, maternal health issues, or an infection. A birth defect is often part of this baseline noise, a pre-existing condition. A birth injury caused by malpractice, however, is a sharp, clear “signal” in that data, like a sudden, prolonged drop in heart rate on a monitor that was ignored. That signal is the objective evidence of a crisis and the medical team’s response—or lack thereof—is often the proof of negligence. Our job as your legal team is to use our expertise to analyze all the data and find that definitive signal amidst the noise.
In the high-stakes environment of a San Jose delivery room, any deviation from the accepted standard of medical care can lead to catastrophic, lifelong harm for a newborn. Our firm has represented many families nationwide whose lives were forever changed by preventable birth injuries, including:
These medical diagnoses represent the start of a lifelong journey. A child impacted by a severe birth injury often faces a future of specialized therapies, adaptive technologies, potential surgeries, and the need for a comprehensive lifelong care plan. The financial and emotional costs for a family can be overwhelming, frequently running into the millions of dollars.
To transform a birth injury into a successful medical malpractice action in San Jose, your legal counsel must prove two essential components:Â
A Violation of the Standard of Care: The “standard of care” is the benchmark for how a reasonably prudent medical professional in the Bay Area should have acted under similar circumstances. Did your medical team fail to interpret clear warning signs of fetal distress? Did a nurse delay in escalating a concern to the attending physician? Did the facility lack the necessary personnel for an emergency C-section?
Causation of the Injury: We must then construct a direct and medically sound link between that professional failure and the specific harm your child suffered. This is often the most heavily contested element of a lawsuit and relies on testimony from leading medical experts.
Handling these cases in California requires a sophisticated grasp of state laws, particularly the Medical Injury Compensation Reform Act (MICRA). For many years, MICRA imposed a stringent $250,000 limit on non-economic damages (which covers pain, suffering, and the loss of life’s enjoyments).
However, a recently enacted law, Assembly Bill 35, has triggered the most dramatic changes to MICRA in its nearly 50-year history. As of January 1, 2023, this cap was raised and is now designed to increase with inflation. This is a monumental shift that significantly affects a family’s ability to receive fair compensation, and it is crucial that your legal team has mastered these new rules to secure the best possible outcome.
Equally important is an understanding of California’s statute of limitations, which is a firm legal deadline for initiating a lawsuit. For malpractice cases involving a minor, the regulations can be confusing, but in many scenarios (not all), a claim must be filed before the child’s eighth birthday. It is never wise to wait, as the most compelling evidence—including fetal heart monitor data, staff recollections, and hospital documentation—is best captured and preserved through swift legal action.
A legal claim for a birth injury is nothing like a standard car accident case; it is one of the most demanding areas of litigation. The hospital, backed by its insurance company, will deploy a team of seasoned defense attorneys whose sole job is to deny all responsibility and pay out as little as possible.
To ensure a level playing field in a courtroom, our legal representatives bring:
For us, this is not just business; it is a calling. Our work is about securing the financial future your child will need to thrive and holding negligent medical providers accountable for the harm they cause.Â
Families in San Jose and the greater Silicon Valley have access to some of the nation’s top medical centers for childbirth. These facilities are recognized for their advanced technology and high standards of care. The most prominent birthing hospitals in the area include:
Stanford Medicine Children’s Health (Palo Alto): As a globally recognized leader, this hospital specializes in managing the most complex and high-risk pregnancies, providing unparalleled neonatal care at the Johnson Center for Pregnancy and Newborn Services.
After receiving a difficult diagnosis for your child, it’s normal to feel lost and overwhelmed by the complex healthcare and support systems in Silicon Valley. But you are not alone. A network of dedicated, non-legal organizations in the San Jose area is ready to provide guidance, community, and invaluable support. Here are some of the most important starting points for your family:Â
San Andreas Regional Center (SARC): This should be your first call. SARC is the official gateway to accessing and funding state-supported services for individuals with developmental disabilities in Santa Clara County. They are an essential partner in coordinating everything from early intervention therapies to medical equipment and respite care.
Parents Helping Parents (PHP): An exceptional and highly respected local resource right in San Jose, PHP is a parent-directed family resource center. They provide emotional support, guidance, and information to families of children with special needs, empowering you through the power of shared experience.
United Cerebral Palsy of the Golden Gate (UCPGG): As a powerful advocate for the cerebral palsy community throughout the Bay Area, UCPGG offers resources and support programs that directly benefit families in San Jose, helping them navigate the challenges and opportunities that come with a CP diagnosis.
The CDC on Cerebral Palsy Facts: For clear, evidence-based facts about your child’s diagnosis, the Centers for Disease Control and Prevention (CDC) offers the most reliable and trusted medical data on conditions like Cerebral Palsy, free from bias.
Taking the step to connect with these groups can transform your journey. It can provide a roadmap for services, the relief of shared experience, and the strength that comes from a supportive community, reminding you that your family has a team of allies right here in San Jose.
Key Takeaways
The new law is a game-changer. It significantly raises the previous $250,000 cap on non-economic damages for pain and suffering and ensures the cap increases with inflation annually. This allows families to pursue compensation that more fairly reflects the profound human cost of a birth injury.
Yes, unfortunately, this “blame the mother” strategy is a common defense tactic used by hospital legal teams everywhere. They may try to point to your health or actions during pregnancy as the cause. Our experienced birth injury firm anticipates this move and is prepared to counter it with strong medical evidence and expert testimony to prove where the fault truly lies.
Absolutely. While these large institutions have formidable legal teams and vast resources, they are not infallible or above the law. We have decades of experience successfully litigating against the most powerful healthcare providers in the Bay Area and nationwide. Our firm has the resources, expert connections, and courtroom experience to level the playing field and hold them fully accountable.
Securing the right expert is a non-negotiable part of building a successful case. The “best” experts are not only preeminent leaders in their fields (like pediatric neurology or obstetrics) but are also gifted communicators who can explain complex medicine to a jury in a simple, compelling way. Our firm has spent decades cultivating a national network of these elite, credible professionals who are prepared to testify on behalf of injured children.
The most important first step is to contact our law firm for a free, confidential consultation. Do not delay. This allows you to get immediate answers, understand your family’s rights under California law, and ensure that critical evidence—like fetal monitoring strips and hospital staff records—is preserved before the strict statute of limitations expires.
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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