Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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Welcoming a new baby into the world. It’s supposed to be one of the happiest times in any family’s life. You’ve waited, you’ve planned, you’ve dreamed. It should be a time overflowing with pure joy, the soft sounds of a tiny new life, and the promise of a future stretching bright and full of possibilities. We expect everything to go perfectly, a natural outcome of bringing a child into the world.
Yet, for thousands of families across the United States each and every year, this deeply anticipated, joyous occasion takes a tragic, heart-wrenching turn. Instead of celebration, they face the devastating reality of a preventable birth injury. It’s a nightmare no parent ever imagines. When crucial medical errors or moments of negligence happen during labor and delivery, the consequences aren’t just sad; they can be absolutely catastrophic. These errors can lead to lifelong disabilities for a child, profound emotional pain for the entire family, and a crushing weight of financial hardship that no one should have to bear alone.
At Child & Birth Injury Lawyers, we understand this pain. We see the overwhelming challenges families face every single day in the aftermath of a birth injury. Our dedicated team brings decades of nationwide experience to this very important fight for justice. We aren’t just a law firm, and we’re not just legal professionals. We are truly fierce advocates for children and their families, absolutely committed to holding negligent healthcare providers and large institutions accountable for their actions. Our mission is crystal clear: to secure the full and fair compensation your family desperately needs to navigate the complex realities of your child’s injury. This compensation can help provide them with the best possible care, get them the therapies and support they need, and ensure they have every opportunity to live a fulfilling life, despite facing adversity. We firmly believe that no family should ever have to bear the burden of medical negligence alone.
You might be surprised to learn just how often birth injuries occur. The common belief is that they are incredibly rare, a fluke, something that almost never happens. But the numbers tell a different, more sobering story. These aren’t just cold figures; they represent real lives, real struggles, and real questions that need answers.
Prevalence: A Startling Reality. Think about this: approximately 7 out of every 1,000 births in the United States result in a birth injury. Let's put that into perspective. If you consider the millions of babies born in the U.S. each year, that "small" number of 7 per thousand adds up incredibly quickly. It means thousands upon thousands of families are directly impacted by a birth injury annually. It's not rare. It's happening in communities all across the country, affecting neighbors, friends, and families just like yours.
Preventability: The Most Heartbreaking Truth. Here’s a statistic that truly drives home the injustice: studies suggest that a shocking up to 70% of birth injuries could actually be avoided with proper care and attention. This isn't about blaming anyone; it's about acknowledging that many of these life-altering injuries are not simply "accidents." They are often the result of preventable medical errors, oversights, or negligence during a time when the highest standard of care is absolutely critical. This high percentage of preventability is why our firm exists – to seek justice when these avoidable tragedies occur.
Severity: From Scares to Lifelong Struggles. Birth injuries aren't all the same. They can range from relatively mild, which might resolve over time, to incredibly severe, causing lifelong disabilities or, in the most tragic cases, even death. We've seen everything from temporary nerve damage that heals, to permanent brain injuries like cerebral palsy that require a lifetime of specialized care. Understanding the potential spectrum of severity is crucial for families.
Economic Impact: The Unseen Financial Mountain. Beyond the emotional pain, the financial burden of a severe birth injury
is immense. The lifetime cost of caring for a child with a profound birth injury can easily reach or exceed millions of dollars. Think about what goes into that: ongoing medical treatments, specialized therapies (physical, occupational, speech), adaptive equipment, accessible housing modifications, special education, and often, lifelong caregiving. These costs can bankrupt a family without proper compensation. It’s a financial mountain that no family should have to climb alone, especially when the injury was preventable.
Emotional Toll: A Family's Unspoken Burden. And then there's the emotional toll. This is perhaps the hardest to put into words, but it’s just as real as the financial costs. Birth injuries cause immense emotional distress for families. Parents often struggle with guilt, anger, frustration, and deep sadness. Siblings can be affected too. The dream of a healthy baby can be shattered, replaced by fears, anxieties, and a new reality that requires incredible strength and resilience. This emotional burden is often carried silently, but it's a profound part of what families endure.
It’s absolutely crucial for parents to be aware of potential signs of a birth injury, even if you’re hoping for the best. Sometimes, these signs aren’t immediately obvious, or they might seem subtle at first. Trust your instincts. If something feels off, speak up. Early recognition can sometimes make a difference in your child’s future care.
Here are some important signs to be aware of:
Difficulty Breathing: This could mean slow or strained breathing, or even periods where the baby stops breathing (apnea). This might suggest a lack of oxygen during birth.
Poor Reflexes: Newborns have certain natural reflexes, like the sucking reflex or the Moro (startle) reflex. If these seem weak, absent, or uneven, it could be a sign of neurological issues.
Seizures: Any unusual twitching, jerking movements, or staring spells in a newborn should be taken very seriously and reported immediately.
Excessive Sleepiness or Irritability: If your baby is unusually difficult to wake up, or cries constantly and is hard to soothe, these can be red flags.
Feeding Difficulties: Trouble sucking, swallowing, or an inability to latch properly for feeding can sometimes indicate a problem with the brain or nerves.
Abnormal Muscle Tone: This might look like a baby being either too floppy (hypotonia) or too stiff (hypertonia) when you hold them. Their movements might seem unusual.
Delayed Developmental Milestones: As your child grows, look for delays in reaching milestones like holding their head up, rolling over, sitting, crawling, or walking. While all children develop at their own pace, significant delays can be a sign of an underlying issue.
When a birth injury happens, it’s natural to ask “Why?” Often, these injuries are linked to situations where healthcare providers fail to meet the accepted standards of care. This isn’t about minor mistakes; it’s about actions or inactions that fall below what a reasonably prudent medical professional would do in similar circumstances.
Common scenarios include:
Failure to Monitor: Not closely watching the baby's heart rate or the mother's vital signs during labor, missing signs of distress.
Delayed Intervention: Not performing a C-section quickly enough when a baby is in distress.
Improper Use of Tools: Incorrect use of forceps or vacuum extractors during delivery, causing injury.
Medication Errors: Giving the wrong medication or dosage during labor.
Failure to Diagnose: Missing a condition in the mother or baby that could affect the birth.
Navigating these complex medical details and legal standards is incredibly challenging, especially when you’re also coping with a child’s injury. This is precisely why having a birth injury law firm with experience is so vital. We understand the intricate medical terminology, the legal precedents, and how to effectively investigate these incredibly sensitive cases.
At Child & Birth Injury Lawyers, our commitment is unwavering. We know that no amount of money can undo the pain and suffering your family has endured. However, securing full and fair compensation can provide your child with the resources they need for a lifetime of care, therapy, adaptive equipment, and opportunities they deserve. It can alleviate the immense financial stress, allowing you to focus on loving and caring for your child.
We are dedicated to:
Thorough Investigation: Diving deep into medical records, consulting with top medical experts, and meticulously building your case.
Compassionate Advocacy: Standing by your side through every step, answering your questions, and guiding you with empathy and understanding.
Holding Negligent Parties Accountable: Fighting fiercely to ensure that those responsible for preventable harm are held accountable, not just for your family, but to help prevent similar tragedies from happening to others.
National Reach: Our experience allows us to serve clients nationally, understanding the nuances of different state laws and medical systems.
You are not alone in this fight. If your family has experienced a birth injury and you have questions or concerns about medical negligence, we are here to listen. We believe that by seeking justice, we can help secure your child’s future and contribute to a safer, more accountable healthcare system for everyone.
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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.
A birth injury is a harm to an infant that occurs during labor, delivery, or immediately after birth. It can involve physical trauma—such as fractures, nerve damage, or bruising—or neurological damage from oxygen deprivation (hypoxia). Importantly, “birth injury” is a medical-legal term: it doesn’t include congenital defects present before labor or genetic conditions. To qualify as a birth injury claim, the harm must have been avoidable under proper medical care.
From a legal standpoint, we must show (1) the delivering team owed a duty of care, (2) they breached that duty by failing to meet accepted standards, (3) the breach caused the injury, and (4) the injury led to quantifiable damages (medical bills, therapy, pain and suffering, etc.). Documentation, including labor and delivery records, fetal monitoring strips, nursing notes, and imaging, serves as primary evidence. Expert witnesses, such as neonatologists, obstetricians, and neurologists, then interpret those records to explain how negligence caused the harm.
Families often confuse birth injuries with birth defects or complications of prematurity. While prematurity can increase risk, negligence lies in failing to anticipate or manage known dangers—like breech presentation, shoulder dystocia, or uterine rupture. Likewise, genetic disorders aren’t birth injuries unless a provider mismanaged prenatal screening or delivery in a way that compounded a child’s condition.
A precise diagnosis, typically obtained through MRI, ultrasound, or a clinical examination, helps distinguish between an injury and a congenital disease. For example, cerebral palsy (CP) can arise from congenital brain malformations or from oxygen deprivation injuries during birth (hypoxic-ischemic encephalopathy, HIE). When HIE occurs because of delayed C-section, misinterpreted fetal monitoring, or inadequate resuscitation, it becomes the basis for a medical malpractice claim.
Ultimately, understanding the fine line between unavoidable complications and preventable errors is key. A thorough review of medical records by a birth-injury attorney, such as Attorney Killino, determines if a viable claim exists.
Determining whether a birth injury stems from medical negligence involves a multi-step analysis of medical records, delivery protocols, and expert opinions.
A skilled birth-injury attorney coordinates this process, identifying breaches, retaining experts, and building a clear timeline. If the evidence shows that timely interventions—such as earlier C-section, proper forceps technique, or vigilant fetal monitoring—would have prevented the injury, you have a strong compensation case.
Several birth injuries frequently trace back to substandard care during labor and delivery. Below are the most common:
In each scenario, a detailed record review and expert testimony clarify whether proper maneuvers, timely interventions, or adherence to standard protocols would have averted the injury. These cases underscore why immediate legal consultation is crucial when serious birth trauma occurs.
At Child & Birth Injury Lawyers, we operate on a contingency fee basis: you pay nothing unless we win your case. This means:
Why this matters: birth-injury litigation is resource-intensive. You need high-caliber medical experts, neonatologists, neurologists, economists, and life-care planners. These experts command substantial fees—often tens of thousands each. Under a contingency model, you aren’t burdened with these costs. The firm absorbs the risk of an unsuccessful outcome.
Additionally, since our fee is based on the recovery size, our interests align: we pursue maximum compensation. A birth injury claim may compensate for past and future medical care, lost parental income, home modifications, specialized education, and pain and suffering—often amounting to multiple seven-figure verdicts or settlements. A successful significant recovery justifies the expense of premier experts and trial readiness.
Before engagement, we provide an explicit fee agreement outlining percentages, expense handling, and withdrawal rights. We encourage clients to review the agreement and ask questions to ensure transparency and trust. Ultimately, a contingency model allows families to access top-tier legal representation without financial barriers.
A birth injury case varies based on several factors:
Factors that can expedite the process include clear liability, cooperative experts, and successful early mediation. Factors that prolong cases include aggressive defense tactics (e.g., challenging expert qualifications), complex damages (such as life-care planning), and crowded court dockets.
We always monitor statutes of limitations to preserve your right to sue. Even if your case goes to trial, the certainty of our trial-ready posture often encourages insurers to negotiate fair settlements sooner.
Disclaimer: The timelines provided above are estimates based on typical birth-injury litigation and are not a guarantee of how long your case may take. Every claim is unique, and factors such as case complexity, court schedules, expert availability, and state-specific procedures can significantly impact the timeframes for these claims. This information is for general guidance only and does not constitute legal advice. For an individualized assessment of your case, please consult with Attorney Jeffrey Killino.
In a successful birth-injury lawsuit, depending on the venue, families can recover both economic and non-economic damages:
Economic Damages
Non-Economic Damages
Punitive Damages (in rare cases) may be awarded if the conduct was reckless or grossly negligent; however, such awards are less common in medical malpractice cases.
Some states cap non-economic or total damages (e.g., $250,000–$500,000), but there are still methods to maximize recoveries. Our skilled birth injury attorneys are well-equipped to do just that.
Time is of the essence in birth-injury cases for several reasons:
We recommend contacting us as soon as you suspect a problem— before discharge or at first signs of neurological or physical impairment. A free initial consultation will help you understand your rights and deadlines under state law.
Cerebral palsy and other birth-related injuries are often not evident at birth—in many cases, signs like muscle stiffness, delayed crawling, or abnormal gait don’t appear until months or even years later. If you notice any developmental delays—such as difficulty sitting, rolling over, grasping objects, or uneven reflexes—it’s crucial to follow up immediately with a pediatric neurologist or a developmental specialist. Early intervention not only improves treatment outcomes but also generates medical documentation that can preserve your legal rights.
Depending on your state, the statute of limitations (SOL) for medical malpractice claims may have strict deadlines that begin at birth and can expire before a formal diagnosis is made. Some jurisdictions offer “discovery rules,” tolling the SOL until you reasonably should have known about the injury. In contrast, others provide an exception extending filing deadlines until after age 18 (often with a short window thereafter). However, these exceptions are narrowly applied—and relying on them can be risky.
Even before a formal CP diagnosis is made, our team can review all available records—prenatal reports, delivery notes, well-child exams, and early therapy evaluations—to identify deviations from the standard of care. If those records reveal missed signs of distress, improper delivery maneuvers, or delays in intervention, you may have grounds to file a claim long before your child’s impairments fully manifest.
What you should do now:
By acting quickly—well before a formal diagnosis—you preserve critical evidence and maximize your family’s ability to seek full compensation for lifelong care needs. If you suspect something was done wrong, don’t wait: early evaluation is always better than hoping an exception will apply later.
No. Your child’s health and well-being always come first. Our Birth Injury lawyers coordinate legal action in parallel with medical care without interference:
Courts and regulations strictly separate medical decision-making from litigation. You never sacrifice quality of care by seeking justice for medical negligence.
Every birth-injury case is unique. Compensation depends on:
Settlement vs. Verdict:
Our attorneys will build the strongest case, quantify full damages, and present it persuasively—whether in demand letters, mediation, or before a jury. While no lawyer can guarantee specific numbers, our track record shows that families like yours have secured multi-million-dollar awards when negligence is apparent, and injuries are profound.
A strong birth injury claim depends on comprehensive documentation and expert interpretation. Key records include:
Once collected, these records are supplied to independent experts—obstetricians, neonatologists, neurologists, and life care planners—who review and collaborate with our team. Our lawyers act quickly to obtain these materials, ensuring the evidentiary foundation for demonstrating breach of care and damages.
Expert witnesses play a crucial role in birth-injury lawsuits. They translate complex medical events into clear legal arguments, addressing four key issues: standard of care, breach, causation, and damages.
Experts testify about these protocols and more:
A breach occurs when care deviates from these practices: failing to chart concerning fetal tracings, applying forceps improperly, delaying a needed C-section, or neglecting blood pressure management during epidurals. Expert witnesses then link that breach to the injury—showing that “but for” the delay or error, the baby would likely have avoided hypoxic-ischemic injury, nerve damage, or fractures.
Finally, damages are calculated through a life-care plan detailing ongoing medical expenses, therapies, special education, and pain and suffering. By proving the standard of care, demonstrating breach and causation, and quantifying damages, families can secure compensation to support their child’s long-term needs.
An apology or immediate financial offer from a healthcare provider does not bar you from suing—that depends on state law and the nature of any agreement you sign.
In short, an apology or small payment does not automatically foreclose a lawsuit—but it does require legal review. Child & Birth Injury Lawyers will advise on whether any signed documents limit your rights, negotiate to preserve future claims, and leverage apologies as evidence of breach without jeopardizing your case.
Liability insurance is central to resolving birth-injury claims. Doctors and hospitals carry malpractice policies—often with multi-million-dollar limits—which fund settlements and verdicts.
Understanding insurance frameworks helps families and attorneys strategize—knowing when to push for policy limits, how to apportion fault, and where to seek excess coverage to fully fund a child’s lifelong needs.
The statute of limitations (SOL) sets deadlines for filing medical malpractice lawsuits, including those involving birth injuries. Deadlines vary by state.
Given the complexity of the Statute of Limitations and exceptions, it’s critical to consult our birth-injury attorneys promptly. They map out deadlines, send any required pre-suit notices, and preserve all rights before the statute of limitations (SOL) expires.
Birth injury claims often name multiple defendants, including the delivering physician, obstetric nurses, the hospital, and any consultants involved. Handling multi-defendant cases requires careful coordination:
Successfully prosecuting multi-defendant birth-injury suits demands granular fact analysis, expert coordination, and in some instances strategic use of comparative-fault principles to fully compensate injured children.
Mediation is a form of alternative dispute resolution (ADR) in which parties attempt to settle their dispute before trial, guided by a neutral mediator. In birth-injury cases, mediation offers benefits:
Effective mediation hinges on thorough preparation, credible experts, and a mediator skilled at striking a balance between empathy for the injured child and realistic assessments of legal risk.
Disagreements among experts are common in complex birth-injury cases. Resolving them involves strategic steps:
Our Child & Birth Injury Lawyers anticipate these conflicts—vetting expert credentials rigorously, prepping them for cross-examination, and using disagreements strategically to highlight defendant uncertainties and bolster settlement efforts.
Yes. Birth-injury legal rights depend on where the injury occurred and who the defendants are:
Foreign-born and military families enjoy full malpractice rights in the U.S., provided that procedural requirements (FTCA notices, local statutes of limitations) are met. We are experienced in multi-jurisdictional cases, ensuring all rules are followed, and compensation rights are protected.
Birth-injury litigation can span years, creating emotional and financial strains. Families can tap several resources to bridge this period:
By proactively accessing these supports, families can stabilize their lives during lengthy litigation—ensuring the focus remains on their child’s health and well-being rather than mounting stress. Child and Birth Injury Lawyers can connect you to vetted community and governmental resources to alleviate both emotional and financial burdens until your case is concluded.
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