Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
"*" indicates required fields
Nothing can prepare you for the moment your joy turns to fear. One minute, you are welcoming a new life into the world in a California hospital; the next, you are facing a future you never imagined, filled with medical questions and uncertainty. When you learn your child has suffered an injury during birth, your world stops. And then the questions begin. How did this happen? Was it preventable? What does this mean for our child’s future?
For many years, our team at The Child Injury Firm has stood beside families across California, asking these same, heartbreaking questions. We have seen firsthand the devastating impact of a preventable medical malpractice birth injury. It’s a pain no family should ever have to endure. But here is a truth you need to hear: You are not alone, and you have rights here in California. Our experienced team of child injury advocates is here for you.
The reality is that while California has some of the best medical facilities, preventable medical errors are a shocking problem. A landmark study from Johns Hopkins found that medical error is a leading cause of death in the United States, and countless other errors result in lifelong injury. The purpose of this guide is not to scare you. It is to empower you with clear, honest information so you can be the strongest possible advocate for your child.Â
California is a vast and diverse state, and a family’s access to the best justice should never be determined by their zip code. At The Child Injury Firm, we have built our practice to serve families throughout the state, ensuring that every child has a powerful advocate, regardless of their location. Our decades of experience extend to communities large and small, and we are proud to fight for families in the following cities:
No matter where your family is located, our commitment is the same: to provide compassionate, relentless, and experienced legal advocacy for your child.
This is often the first and most critical question. Doctors may use confusing terms, but the difference is simple and profound.
Distinguishing between the two is the first step toward getting answers. It’s the difference between a tragic, unavoidable medical outcome and a case of medical malpractice.
When a doctor, nurse, or hospital in California fails to provide the proper standard of care, the consequences can be catastrophic. Our team of lawyers for preventable birth injuries has handled numerous cases involving a wide range of preventable injuries, including:
Cerebral Palsy (CP) is the most common motor disability in childhood and is frequently linked to preventable events during labor and delivery. While California does not maintain a separate registry, we can apply the CDC’s established national prevalence rate.
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 345 children in the U.S. is diagnosed with Cerebral Palsy.
Applied to California: Based on the state’s annual birth rate, this suggests that statistically, over 1,100 children may be diagnosed with Cerebral Palsy in California each year. A significant portion of these cases can be traced back to brain damage from oxygen deprivation during birth.
HIE is a specific and devastating type of brain damage caused by a lack of oxygen and blood flow during birth. It is a leading cause of CP and other severe disabilities.
National and international medical research indicates that HIE occurs in approximately 1.5 to 2.5 per 1,000 full-term births.
Applied to California: This suggests that between 600 and 1,000 newborns in California may suffer from HIE annually. Many of these cases are the direct result of a medical team’s failure to respond to fetal distress in a timely manner.
According to leading medical sources, including the American Academy of Orthopaedic Surgeons and the National Institutes of Health (NIH), Erb’s Palsy occurs in approximately 1 to 3 of every 1,000 live births.
This injury involves damage to the bundle of nerves in the shoulder and arm (the brachial plexus), often occurring when a baby’s shoulder gets stuck during delivery (shoulder dystocia) and the doctor or midwife applies excessive force.
To put this in perspective for California:
Statistically, this means that between 400 and 1,200 babies may be born with some form of Erb’s Palsy in California each year.
While some of these nerve injuries are mild and may heal over time with intensive physical therapy, many are severe, resulting in permanent weakness, developmental delays, or partial paralysis of the arm. A significant number of these devastating injuries are considered preventable and are the direct result of a medical provider’s failure to use established, safe maneuvers to handle a difficult delivery.
The Agency for Healthcare Research and Quality (AHRQ), a division of the U.S. Department of Health and Human Services, tracks patient safety indicators, including physical trauma during birth.
According to AHRQ data, “Obstetric Trauma” during vaginal birth with instruments (forceps or vacuum extractor) occurs at a rate of approximately 83.6 per 1,000 instrument-assisted deliveries in the U.S.
In California, thousands of instrument-assisted deliveries occur each year. This statistic highlights the significant risk of physical injuries like nerve damage, hemorrhages, and fractures when these delivery tools are used.
These are not just medical terms; they are life-altering conditions that demand a lifetime of care, the best support, and resources.
Not every devastating birth outcome is legally considered medical malpractice. In California, a successful case must be constructed upon a solid foundation and four essential pillars. If any one of these is missing, the entire claim can collapse.
The Foundation: Timely Action (The Statute of Limitations).  Before any case can be built, it must be on solid ground. California’s strict filing deadline—the statute of limitations —is that ground. It is a legal countdown clock on your right to seek justice. For a child’s birth injury, this deadline is complex but often expires before their eighth birthday. If a claim is not filed in time, your rights are permanently lost, regardless of the evidence. This is why immediate investigation is not just a strategic advantage; it is a legal necessity.
Once this foundation is secure, we must build the four pillars:
Pillar 1: Duty. We must first establish that the doctor, nurse, and hospital had a professional duty to provide your child with competent medical care. This legal duty is automatically created when a doctor-patient relationship is formed.
Pillar 2: Breach. We then prove that the provider breached this duty by acting—or failing to act—in a way that fell below the “standard of care.” This standard is the legal benchmark for what a reasonably skilled and cautious medical professional in California would have done under the same circumstances.
Pillar 3: Causation. We must construct an unbreakable, evidence-based link showing that this specific breach of duty was the direct cause of your child’s injuries. Legally, we must prove that “but for” the medical provider’s mistake, the injury would not have happened. This requires powerful, clear testimony from the best medical experts.
Pillar 4: Damages. This pillar represents the full extent of the harm your child and family have suffered. It includes economic damages (like medical bills and future care costs) and non-economic damages (for pain, suffering, and loss of quality of life). The rules for this pillar were recently improved by California’s Assembly Bill 35, which significantly raised the cap on non-economic damages, allowing for a more just and meaningful financial recovery.
Confronting a multi-billion-dollar hospital system and its insurance carrier is one of the most lopsided battles a family can face. Their legal team is skilled, aggressive, and singularly focused on one goal: defeating your claim. Winning requires more than just a lawyer; it requires a firm with a specific trifecta of expertise designed to overcome the defense’s immense advantages.
First, We Are Forensic Medical Investigators. A birth injury case is won or lost in the details of the medical record. Our attorneys are not just legal advocates; they are trained to act as medical detectives. We don’t just read the notes; we analyze the data, question the timing of entries, and understand what the fetal monitoring strips are truly saying. We have the deep medical knowledge to identify the subtle signs of negligence—the ignored warning sign, the delayed response—that form the basis of a successful case.
Second, We Are Elite Legal Strategists. Knowing the medicine is not enough; we must translate those complex facts into a powerful, persuasive story that a California jury can understand. This is the art of legal strategy. It involves finding the nation’s most respected and credible medical experts—the ones whose authority is unquestionable—and weaving their testimony into an undeniable narrative. It means anticipating the defense’s every move and having a prepared, intelligent counter-strategy.
Finally, We Serve as Your Resourced Financial Partner. Birth injury litigation is extraordinarily expensive, a fact hospitals use as a weapon to pressure families into accepting low settlements—our firm levels this playing field by serving as your financial partner. We operate on a contingency fee basis and fund the entire cost of litigation—from expert fees to trial costs—from our own resources. This removes the financial burden from you and sends a clear message to the opposition: we cannot be intimidated or outspent.
While the best care can be found in hospitals large and small, a high volume of deliveries often indicates a significant amount of experience. According to data from the California Department of Health Care Access and Information (HCAI), some of the busiest hospitals for childbirth in the state include:
Receiving a diagnosis for your child is overwhelming. You may feel isolated, but there is a community of support available right here in California. Finding the best resources near me was a common search for many families we have helped. Here are some trusted, non-legal organizations that can provide invaluable information and support:
The Regional Center System: This is a critical starting point. California has a statewide network of 21 private, non-profit Regional Centers that are the main point of entry for services for children with developmental disabilities, including cerebral palsy. They can help coordinate and pay for therapies, equipment, and other necessary support.
United Cerebral Palsy of California (UCP): UCP is a leading advocacy group with local affiliates throughout California that provide resources, family support, and direct services for individuals with cerebral palsy and other disabilities.
Family Resource Centers Network of California: This network connects parents of children with special needs to local parent-to-parent support and resources in their specific community.
The Centers for Disease Control and Prevention (CDC): Provides authoritative medical facts and data about conditions like Cerebral Palsy.
March of Dimes: A leading national organization offering support and resources for families facing a wide range of birth-related health challenges, with local California chapters and events.
Connecting with these groups can provide comfort, practical assistance, and a sense of community, reminding you that you are not on this journey alone.
Key Takeaways
The new law significantly increases the cap on non-economic damages (for pain and suffering), which was previously fixed at $250,000. As of 2023, this cap is now higher and will continue to increase annually to account for inflation, allowing families to seek more just compensation for their profound losses.
Yes, unfortunately. It is a common defense tactic for hospitals and their insurance companies to try to shift blame to the mother's actions during pregnancy or labor. An experienced California birth injury law firm, such as The Child Injury Firm, will know how to anticipate and dismantle these "blame the victim" arguments with medical evidence and expert testimony.
Absolutely. While large hospital systems have immense resources and powerful legal teams, they are not above the law. We have decades of experience litigating against major healthcare providers in California. We have the resources, expert networks, and courtroom experience to level the playing field and hold them accountable.
Finding the right expert is crucial. The best experts are not just leaders in their field (like neonatology or obstetrics), but they are also excellent communicators who can clearly explain complex medical concepts to a jury. Our firm has spent decades building a national network of these elite, credible experts who are willing to stand up and testify on behalf of injured children.
The most important first step is to contact a law firm with a deep focus on California birth injury cases, such as The Child Injury Firm. Do not delay. The initial consultation is free and confidential. This allows you to get answers, understand your rights under California law, and ensure that critical evidence 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.
Text With Us
We'll text you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Call Me
We'll call you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Book A Consultation
We're ready to answer your questions!
Email Us
We're available by email!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Text With Us
We'll text you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Call Me
We'll call you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
