Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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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? The long-term impact of a birth injury can affect every aspect of your child’s future, making it crucial to secure the resources and support needed to protect their health, well-being, and financial security.
Each year, roughly 255,500 babies are born with injuries in the United States, and about 80% of these birth injuries occur as moderate to severe cases. Birth injuries occur most often during labor and delivery, frequently due to trauma, external forces, or medical errors. This widespread issue highlights the importance of understanding your rights and options if your family is affected.
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.
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 country, 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.
Both birth injuries and birth defects can lead to lifelong disabilities, but their causes and legal implications differ. In legal cases, a child’s injury resulting from medical negligence during childbirth may warrant action against responsible parties and compensation for the harm caused. Understanding these differences is crucial, as the legal implications for families and providers depend on whether the condition was caused by a preventable event during birth or developed during pregnancy.
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. Erb’s palsy is a form of brachial plexus injury caused by trauma during delivery, which can result in weakness or paralysis in the arm.
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.
Common types of birth injuries include cerebral palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy. Birth injuries occur during labor and delivery, often due to risk factors such as fetal macrosomia, shoulder dystocia, or improper use of delivery tools. The umbilical cord can also play a critical role in labor complications—compression or kinking of the cord can cut off oxygen to the baby, leading to brain injuries or conditions like cerebral palsy. After birth complications or birth trauma, a newborn baby may require care in a neonatal intensive care unit (NICU) to address immediate medical needs and stabilize their condition.
Medical mistakes and negligent prenatal care can lead to birth injuries or even death in both cesarean and vaginal deliveries. In some cases, hospital staff failed or a doctor failed to respond to warning signs of fetal distress, resulting in serious birth injury. Families affected by birth injuries often face overwhelming financial and medical challenges due to medical negligence. Medical malpractice cases and medical malpractice lawsuits allow families to seek compensation for medical expenses, long-term care, and pain and suffering related to preventable birth injuries. The average birth injury settlement can be millions of dollars, with the value depending on the extent of harm and its impact on the child’s future. Many birth injury claims are resolved through settlement negotiations and do not go to trial.
Birth injury victims and their families often face overwhelming emotional distress, financial burdens, and long-term care costs due to serious birth injury. Traumatic birth and birth trauma can result from medical errors during labor or delivery, and may lead to lawsuits to recover damages for both mother and child. When choosing a birth injury lawyer, it is important to look for experience, empathy, and a proven track record—our lawyers work on a contingency fee basis and provide free consultations to assess your case. The process of filing a birth injury lawsuit involves gathering important documents, filing a claim, and potentially going through a discovery process. It is crucial to act quickly due to the statute of limitations and consult our lawyers as soon as possible to protect your legal rights.
Birth injuries can have life-altering consequences for both the child and their family, and understanding what went wrong is the first step toward justice. In California, many birth injuries are the result of preventable mistakes made by medical professionals during the delivery process. When medical malpractice or medical negligence occurs, the impact can be devastating—leading to serious injuries that require lifelong care and support.
One of the most common causes of birth injuries is fetal distress. When a baby’s oxygen supply is compromised during labor, immediate action is required. Medical professionals are trained to monitor the baby’s vital signs and respond quickly to any signs of trouble. If they fail to recognize or address fetal distress, the result can be catastrophic, causing conditions such as cerebral palsy, brain damage, or hypoxic-ischemic encephalopathy (HIE). These injuries often mean a lifetime of medical expenses, therapy, and adaptive care for the child.
Shoulder dystocia is another delivery complication that can lead to birth injuries. This occurs when the baby’s shoulder becomes lodged in the birth canal, requiring careful and skilled intervention. If excessive force is used or proper procedures are not followed, the baby may suffer a brachial plexus injury or Erb’s palsy—conditions that can cause permanent nerve damage and loss of function in the arm. In severe cases, shoulder dystocia can also result in permanent brain damage or spinal cord injury.
Medical errors during the delivery process are a leading cause of birth injuries in California. Improper use of delivery instruments, such as forceps or vacuum extractors, can cause physical trauma to the baby’s head, neck, or shoulders. Failure to monitor or manage the umbilical cord can also lead to oxygen deprivation and serious neonatal injury cases. Even a single moment of inattention or a delayed response can have lifelong consequences for your child.
Negligent prenatal care is another factor that can increase the risk of birth injuries. When doctors fail to diagnose or treat conditions like gestational diabetes, preeclampsia, or placenta previa, both the child and mother are put at risk. These oversights can lead to preventable birth injuries caused by complications that should have been managed before labor even began.
If your child suffered injuries during birth, it is crucial to consult with our California birth injury attorneys who understand the complexities of medical malpractice and birth injury cases. Our experienced birth injury lawyers will conduct a thorough investigation, review medical records, and work with medical experts to determine if your child’s injury was preventable. By holding medical providers accountable, you can seek maximum compensation for medical bills, future medical expenses, and the physical pain and emotional distress your family has endured.
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 Statute of Limitations – In California, the general statute of limitations for a birth injury allows you to file a lawsuit up until your child’s eighth birthday. This applies to the lawsuit itself and gives parents time to see how the child develops.
The Notice Requirement – If the injury occurred at a public, county, or state hospital (like a University of California medical center), you must file a specific administrative form called a “Government Tort Claim” within six months of the injury. This is a mandatory prerequisite; if you fail to provide the 6-month notice, your claim may be barred.
The process of filing a birth injury lawsuit involves gathering important medical records and documents, filing a claim, and potentially going through a discovery process to build your case.
It is important to understand that medical malpractice is often referenced as a single cause of neonatal injury, but it actually encompasses a range of medical mistakes and negligent actions by healthcare professionals. These medical mistakes can occur in any hospital setting and are a common reason families pursue a medical malpractice lawsuit to secure compensation for their child’s injuries.
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:
When a child suffers a birth injury, families are often left searching for answers and accountability. The journey toward justice begins with gathering evidence—a critical step that can make all the difference in a birth injury lawsuit. In California, our dedicated birth injury lawyers will lead a thorough investigation, working closely with medical experts to collect and analyze every piece of relevant information. This includes reviewing detailed medical records, interviewing witnesses, and examining the actions of all medical professionals involved in the delivery process.
A comprehensive review of the medical records can reveal whether medical negligence played a role in your child’s birth injury. For example, evidence may show that health care providers failed to respond to fetal distress, delayed a necessary C-section, or improperly used delivery instruments—mistakes that can result in serious birth injuries such as cerebral palsy, brachial plexus injury, or even permanent brain damage. Our birth injury lawyers handle the recruiting of expert witnesses to strengthen your case if necessary. By identifying these medical errors, your birth injury attorneys can build a strong case to hold medical providers accountable and pursue fair compensation for both the child and your family.
The impact of preventable birth injuries can be life-changing, often requiring extensive medical care, physical therapy, and ongoing support. Caring for a child with a serious birth injury can drain savings quickly, especially when insurance doesn’t cover the cost of care. Our California birth injury attorneys will fight to secure maximum compensation for medical bills, future medical expenses, and the financial support your child needs to thrive. This includes damages for pain, suffering, and the loss of quality of life caused by brain injury, spinal cord injury, or other serious injuries.
Navigating a birth injury claim can be overwhelming, but you do not have to face it alone. Our experienced law firm will guide you through every step, ensuring your case is built on solid evidence and expert testimony. Our lawyers often work on a contingency-fee basis, meaning they are paid only if they successfully recover compensation. With a free consultation and contingency fee representation, you can focus on your child’s recovery while your legal team works tirelessly to achieve justice. If your child suffered injuries due to medical malpractice or preventable mistakes during the birthing process, reach out to our California birth injury lawyers today to protect your child’s future and hold negligent parties accountable.
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 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 across the country. 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.
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