Birth Injury Practice Areas

Birth Injury

Cerebral Palsy

Cerebral Palsy

C-Section

C-section injuries

Fetal Death

HIE | Hypoxia

Labor and Delivery

Maternal Death

Maternal Death

NICU Injury

NICU Injury

Postnatal Care

Newborn jaundice

Prenatal Care

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Testimonials

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Keri S

7 months ago

An absolutely amazing lawyer, & staff. Everyone met me at a personal level, & a professional level. I’d give them 10 stars if I could.

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Courtney S

8 months ago

We contacted this firm when our son suffered a birth injury. They listened to our potential case and took us on. They helped us all the way through the process, always took my calls and questions. Killino is very passionate about his work and it felt like he was upset for our son like he was his own child. The paralegal, Kayla, was always on top of things and helpful. The whole firm that we worked with really did their best for us and now we have what we need to care for our son. We couldn’t be more grateful.

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Reggie B

8 months ago

Jeff and his team at Killino Law Firm are truly exceptional! They took on my daughter’s challenging case when no one else would, and their dedication, expertise, and compassion made all the difference. Thanks to their amazing work, we can now take care of our daughter for the rest of her life. Jeff handled everything with professionalism and kept us informed every step of the way. If you’re in need of a personal injury & accident lawyer, look no further—Jeff is your guy. I can’t recommend him and his exceptional team enough!

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Corey E

2 years ago

The Killino firm is an excellent firm that tirelessly advocates on behalf of their clients. I’ve come across a lot of great personal injury attorneys in my time and simply put, Killino is the best.

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Jeanne Y

2 years ago

Since day one I called the Killino firm, I was heard and taken care with respect. I very much thank Jeff for his proffesionalism and commitment. some days I’d email him in the middle of the night and exepct a response within an hour. They went beyond our spectactions. He did as promised. my husband and I are grateful for working with you. I’d 100% recommend this firm!!! thank you Jeff and the team

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Trisha H

4 years ago

My sisters and I are so very grateful for The Killino Firm. They worked tirelessly for over three years on our case, were very attentive and kept us updated every step of the way. Aside from being gifted at what they do, Jeff and Dawn are so caring and understanding. Every single person we were in contact with from the firm was professional and kind. We will always recommend this firm! We really can’t thank them enough.

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Michaelene C

5 years ago

Highly knowledgeable, listened to my concerns, gave wonderful advice and took a genuine interest in my case. Absolutely the best lawyers and firm around. Would highly recommend them to anyone looking for competent lawyers to handle their case no matter how complicated.

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Rhonda L

5 years ago

They helped me get through a terrible situation they were relentless for fighting on my behalf and because of there hard work my situation was resolved very favorable for me and my family I can’t thank them enough if you need help call them first you won’t be sorry

Common Questions

What exactly is a birth injury?

A birth injury encompasses any type of harm or damage that occurs to a baby during the labor and delivery process, or in the immediate newborn period. These injuries can vary significantly in severity, ranging from minor, temporary conditions like bruising or swelling, to severe and lifelong disabilities. Some of the most common and serious birth injuries include:

Cerebral Palsy: This is a group of disorders that affect a child’s movement, muscle tone, and posture. It’s often caused by oxygen deprivation to the brain during labor and delivery, and it can lead to difficulties with motor skills, coordination, and balance. The CDC estimates that the prevalence of cerebral palsy in the U.S. is around 1.5 to 4 cases per 1,000 live births.
Brachial Plexus Injuries: These injuries involve damage to the network of nerves that control movement and sensation in the shoulder, arm, and hand. They typically occur when the baby’s neck is stretched or twisted during a difficult delivery. Brachial plexus injuries can result in weakness, paralysis, or limited range of motion in the affected arm.
Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage caused by a lack of oxygen and blood flow to the baby’s brain. This can occur during labor or delivery if the baby experiences fetal distress, such as an abnormal heart rate or umbilical cord complications. HIE can have a wide range of long-term effects, including cerebral palsy, developmental delays, intellectual disabilities, and seizures.

What are the most common causes of birth injuries?

While some birth injuries are unavoidable, many are caused by medical negligence, which occurs when a healthcare provider fails to provide the accepted standard of care, resulting in harm to the baby. Some common causes of birth injuries include:

Oxygen Deprivation: This can occur due to various factors, including problems with the placenta or umbilical cord, maternal health conditions, or difficulties during labor and delivery. Failure to properly monitor the baby’s heart rate and oxygen levels, or delays in performing a necessary cesarean section, can lead to oxygen deprivation and brain injuries like HIE and cerebral palsy.
Trauma During Delivery: Excessive force used during delivery, improper use of forceps or vacuum extraction, or shoulder dystocia (when the baby’s shoulders get stuck during delivery) can cause injuries to the baby’s head, neck, or nerves.
Medical Errors: These can include medication errors, failure to diagnose and treat maternal infections, or delays in recognizing and responding to complications during labor and delivery.

What is cerebral palsy, and how is it caused?

Cerebral palsy (CP) is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is the most common motor disability in childhood. CP is caused by abnormal brain development or damage to the developing brain that affects a person’s ability to control their muscles.

Causes: The majority of cases of CP are caused by brain damage that occurs before or during birth. Some of the factors that can contribute to brain damage include:
1. Lack of oxygen to the brain (asphyxia)
2. Premature birth
3. Low birth weight
4. Infections during pregnancy
5. Jaundice
6. Head trauma
Symptoms: The symptoms of CP vary from person to person. Some people with CP have mild symptoms, such as difficulty walking or talking, while others have severe symptoms that make it difficult to perform everyday tasks. Common symptoms include:
1. Muscle stiffness or spasticity
2. Poor coordination
3. Tremors or involuntary movements
4. Difficulty with speech
5. Difficulty with swallowing
6. Seizures
7. Intellectual disability
Treatment: There is no cure for CP, but there are treatments that can help manage symptoms and improve quality of life. These treatments may include:
1. Physical therapy
2. Occupational therapy
3. Speech therapy
4. Medications
5. Surgery

What is HIE, and what are its long-term effects?

Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when a baby’s brain doesn’t get enough oxygen and blood. This can happen during labor and delivery or shortly after birth. HIE can cause a variety of problems, including:

Cerebral palsy: A disorder that affects muscle movement and coordination.
Intellectual disability: Difficulties with learning and problem-solving.
Seizures: Uncontrolled electrical activity in the brain.
Vision and hearing problems: Problems with seeing or hearing.
Behavioral problems: Difficulties with behavior and emotions.
Death: In severe cases, HIE can be fatal.

The long-term effects of HIE depend on the severity of the brain damage. Some children with HIE may have mild disabilities, while others may have severe disabilities that require lifelong care.

What are the signs of a skull fracture in a newborn?

A skull fracture is a break in the bones of the skull. Skull fractures in newborns are usually caused by trauma during delivery, such as the use of forceps or a vacuum extractor.

Signs and Symptoms:
1. Swelling or bruising on the head
2. A soft spot (fontanelle) that feels abnormal
3. Seizures
4. Vomiting
5. Lethargy
6. Difficulty feeding
Diagnosis: If a skull fracture is suspected, the doctor will order imaging tests, such as an X-ray or CT scan.
Treatment: Treatment for a skull fracture depends on the severity of the fracture. Some fractures may heal on their own, while others may require surgery.

How do I know if my child's injury was caused by medical negligence?

Determining if a birth injury was caused by medical negligence is a complex process that requires careful review of medical records and expert analysis. Here’s what we look for:

Deviation from the Standard of Care: We work with medical experts to determine the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances. If the healthcare provider’s actions fell below this standard, it may indicate negligence.
Causation: We must establish a direct link between the healthcare provider’s negligence and the child’s injury. This means showing that the negligence was a substantial factor in causing the harm.
Damages: We must demonstrate that the child suffered actual damages as a result of the birth injury, such as medical expenses, pain and suffering, or loss of future earning capacity.

What are some signs and symptoms of a birth injury?

The signs and symptoms of a birth injury can vary widely depending on the type and severity of the injury. Some signs may be apparent immediately after birth, while others may not become evident until later in the child’s development. Here are some common signs and symptoms:

Physical Signs: These can include bruising, swelling, facial paralysis, abnormal muscle tone (either too stiff or too floppy), seizures, difficulty breathing, or feeding problems.
Developmental Delays: As the child grows, developmental delays may become apparent, such as delays in reaching milestones like rolling over, sitting up, crawling, or walking.
Cognitive Impairments: Birth injuries can also affect cognitive development, leading to difficulties with learning, memory, attention, or problem-solving.
Behavioral Issues: Some children with birth injuries may exhibit behavioral problems, such as hyperactivity, aggression, or emotional difficulties.

My baby seems fine now, but could problems develop later?

Yes, it’s possible for some birth injuries to have delayed onset or for symptoms to become more apparent as the child grows and develops.

Regular Checkups are Crucial: It’s essential to maintain regular checkups with your child’s pediatrician and any specialists involved in their care. These professionals can monitor your child’s development, identify any potential concerns, and provide early intervention if needed.
Developmental Monitoring: Be attentive to your child’s development and watch for any signs of delays or difficulties. If you have any concerns, don’t hesitate to raise them with your healthcare provider.
Early Intervention: Early intervention is key to maximizing your child’s potential and minimizing the long-term impact of any birth injuries.

What types of damages can be recovered in a birth injury lawsuit?

A birth injury lawsuit aims to compensate the child and family for the losses they have suffered as a result of the injury. These losses can be extensive and include both economic and non-economic damages.

Economic Damages: These are quantifiable financial losses, such as:
- Medical Expenses: Past and future medical costs, including hospitalization, surgeries, doctor visits, therapies (physical, occupational, speech), medications, medical equipment, and assistive devices.
- Rehabilitation Costs: Costs associated with rehabilitation services, such as physical therapy, occupational therapy, speech therapy, and other therapies aimed at improving the child’s function and quality of life.
- Lost Income: Compensation for lost income if a parent needs to take time off work or reduce their work hours to care for the child. This can include past lost wages and future lost earning capacity if the parent is unable to return to their previous employment.
- Home Modifications: Costs associated with modifying the home to accommodate the child’s needs, such as installing ramps, widening doorways, or adapting bathrooms.
- Special Education and Support Services: Expenses related to special education, tutoring, and other support services that the child may require.
Non-Economic Damages: These are more subjective and difficult to quantify, but they are equally important in compensating for the impact of the injury. They include:
- Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish experienced by the child and their family.
- Loss of Enjoyment of Life: Damages for the child’s diminished ability to participate in and enjoy activities they would have otherwise been able to do.
- Loss of Consortium: Compensation for the loss of companionship and support experienced by the child’s parents or siblings.
Wrongful Death: In tragic cases where the birth injury results in the child’s death, damages can include funeral expenses, grief counseling, and loss of companionship.

What are the challenges in proving a birth injury case?

Birth injury cases present unique challenges, including:

Proving Causation: Establishing a direct link between the healthcare provider’s negligence and the child’s injury can be complex, especially if the child has pre-existing conditions or if there are other potential contributing factors.
Medical Expert Testimony: Birth injury cases rely heavily on medical expert testimony to establish the standard of care, explain complex medical issues, and prove causation.We have access to the best experts in the country.
Defending Doctors and Hospitals: Healthcare providers and hospitals often have significant resources and legal teams to defend against these claims.
Emotional Toll: Birth injury cases can be emotionally draining for families who are already coping with the challenges of raising a child with a disability.

What is the role of a medical expert in a birth injury case?

Medical experts play a vital role in birth injury cases. They provide specialized knowledge and testimony to support your claim. Their roles include:

Reviewing Medical Records: Medical experts carefully review the mother’s and child’s medical records to identify any deviations from the standard of care or other signs of negligence.
Establishing the Standard of Care: They define the accepted standard of care that a reasonably prudent healthcare provider would have provided in similar circumstances.
Explaining Complex Medical Issues: They explain complex medical issues to the judge and jury in a clear and understandable manner.
Providing Expert Opinions: They offer expert opinions on causation, the extent of the child’s injuries, and the prognosis for future recovery.
Testifying in Court: They may be called to testify in court to provide their expert opinions and support your case.

What should I do if I suspect my child has a birth injury?

If you suspect your child has suffered a birth injury, it’s crucial to take the following steps:

Seek Medical Attention: Your child’s health and well-being are the top priority. Seek immediate medical attention from your pediatrician or other qualified healthcare provider.
Document Your Concerns: Keep detailed records of any signs or symptoms you observe in your child, as well as any communications with healthcare providers.
Gather Medical Records: Request copies of your and your child’s medical records related to the pregnancy, labor, delivery, and postnatal care.
Consult with Us: Call us – We are experienced birth injury lawyers who can discuss your legal rights and options.

What is the difference between a settlement and a trial?

Most birth injury cases are resolved through settlement negotiations, but some may proceed to trial if a fair settlement cannot be reached.

Settlement: A settlement is an agreement reached between the parties involved in the lawsuit, typically involving the defendant(s) and their insurance companies. It usually involves a payment of money to the plaintiff (the injured party) in exchange for releasing the defendant(s) from further liability.
Trial: A trial is a formal legal proceeding where a judge or jury hears evidence and arguments from both sides and decides whether the defendant(s) are liable for the plaintiff’s injuries. If the defendant(s) are found liable, the judge or jury will also determine the amount of damages to be awarded.

What is the statute of limitations for birth injury cases?

The statute of limitations is the legal deadline for filing a lawsuit. In birth injury cases, it’s crucial to act promptly, as these deadlines can be short.

Varies by State: The statute of limitations varies from state to state. In some states, you may have as little as one year from the date of the injury to file a lawsuit.
Exceptions: There may be exceptions to the statute of limitations, such as in cases of delayed discovery of the injury or if the injured party is a minor.
Consult with Us: It’s essential to consult with us as soon as possible to determine the statute of limitations in your state and ensure that your claim i filed within the required timeframe.

Who can be held liable for a birth injury?

Determining liability in a birth injury case can be complex, as multiple parties may be involved in the labor and delivery process. Potential liable parties can include:

Obstetricians and Gynecologists (OB/GYNs): The doctors responsible for prenatal care, labor management, and delivery.
Nurses: Nurses involved in monitoring the mother and baby during labor and delivery.
Midwives: If a midwife assisted with the delivery.
Hospitals: The hospital where the delivery took place can be held liable for the negligence of its employees, such as nurses and other staff.
Anesthesiologists: If anesthesia was administered during labor or delivery.
Neonatologists: Doctors specializing in the care of newborns, if they were involved in the baby’s care after birth.
Other Healthcare Providers: Any other healthcare professionals who played a role in the labor and delivery process.