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Birth Injury Lawyers

Our birth injury attorneys seek justice for our youngest clients — newborns harmed during birth. Serving Philadelphia, Pennsylvania, New Jersey, and nationwide cases.

Our Birth Injury Attorneys Get the Results You & Your Baby Deserve

While no expectant parent likes to think about the risk to their baby of a birth injury or defect, these unfortunate outcomes impact families far too often. In many cases, we find that these injuries could have been prevented. While avoidable birth injuries typically do not result from a healthcare provider’s intentional act, they can occur when a medical professional is careless or negligent during the birth process.

At Cohen, Placitella & Roth, our attorneys have decades of experience successfully handling birth injury claims, and we work tirelessly to ensure that we advocate for our youngest and must vulnerable clients to the very best of our abilities.

In handling birth injury lawsuits, our lawyers work closely with medical experts and experienced physicians to assess the clinical aspects of your claim, support your case — and pursue the best possible outcome for both you and your baby.

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Common Types of Birth Injury Lawsuits

Several types of injuries may qualify for a birth injury lawsuit. If your baby has been the victim of a birth injury, you need experienced birth injury lawyers to help to navigate your case. Contact us today for a free case evaluation.

  • Brachial Plexus Injuries

    During birth, an injury to the brachial plexus, a group of nerves in the arms and hands, can cause an infant to develop brachial “palsy,” or weakness. Depending on the severity of the injury, the baby can lose the ability to flex and to rotate its arm, or in more severe cases, can suffer permanent nerve damage or paralysis.

    Common Causes

    • Births in which the baby’s shoulder becomes stuck behind the pubic bone or sacrum (shoulder dystocia)
    • Difficult births in which the baby’s neck is stretched to the side
    • Births in which the baby is in breech position
    • Birth in which there is a particularly prolonged labor
    • Large newborn size

  • Broken and/or Fractured Bones

    Bone breaks and fractures are birth injuries that can occur during labor and delivery. And while many of these injuries are likely to heal without lasting effects, these injuries are nonetheless serious ones, and in many situations, may have been preventable.

    Common Causes

    • Trauma at birth
    • Large newborn size
    • Breech delivery
    • Newborn’s shoulder becoming stuck during delivery
    • Mother having a narrow birth canal
    • Use of tools (such as forceps) during delivery

    Most Common Childbirth-Related Broken Bone Injuries

    • Clavicle (about 46%)
    • Humerus (about 20%)
    • Femur (about 14%)
    • Depressed skull fracture (about 11%)

  • Spinal Cord Injuries

    Spinal cord injuries occur most often as a result of difficult deliveries. Although spinal cord injuries are not especially common among infants, they can result in life-long damage and even paralysis.

     

    Common Causes

    • Torsion, or excessive rotation, during vertex deliveries
    • Excessive traction during breech deliveries
    • Other complications due to abnormal presentation of the fetus
    • Undiagnosed spina bifida, a neural tube defect that typically occurs by 28 weeks of gestation

  • Cerebral Palsy

    Cerebral palsy is a condition that often occurs as a result of an injury to the brain of a fetus, abnormal development of the fetus’s brain, and/or insufficient oxygen supply to the newborn during childbirth. It is a disorder that affects muscle tone, movement, and motor skills, including:

    • Standing still
    • Breathing
    • Bowel and bladder control
    • Eating
    • Talking

     

    Types of Cerebral Palsy

    • Spastic — results in stiffness and difficulty with movement
    • Athetoid — results in a child’s inability to control movements
    • Ataxic — causes problems with balance and depth perception

     

    Common Causes

    • Maternal infections during pregnancy
    • Insufficient oxygen supply to the fetus
    • Fetal stroke that disrupts the blood supply to the fetus’s brain
    • Infection that leads to brain inflammation
    • Traumatic head injury to an infant during childbirth or shortly thereafter
    • Lack of oxygen to a newborn’s brain (also known as asphyxia) during labor and delivery
    • Breech birth
    • Complicated labor and delivery in which a baby may have vascular or respiratory problems
    • Low birth weight
    • Multiple babies sharing the uterus
    • Premature birth
    • Incompatible Rh blood type between mother and child

  • Perinatal Asphyxia

    This injury occurs when a newborn baby has been deprived of adequate oxygen during birth, which generally results in brain damage and lifelong detrimental effects.

    Common Causes

    • Low oxygen or low or high blood pressure in the mother during labor
    • Long, difficult deliveries
    • Infections in the mother or baby
      The placenta separating from the uterus, restricting oxygen flow
      The umbilical wrapping around the baby’s neck

  • Intracranial Hemorrhage/Subarachnoid Hemorrhage

    Commonly referred to as “brain bleeds,” these life-threatening injuries are some of the most common types of birth injuries, often occurring as a result of trauma or excessive pressure to an infant’s head during delivery. While they can be due to a variety of factors, improper delivery techniques on the part of the doctor are often to blame.

    Intracranial hemorrhages may affect multiple parts of the brain and are more likely in full term infants, while subarachnoid hemorrhages involve bleeding between the innermost membranes covering the brain, are more likely to affect preterm infants.

     

    Common Causes

    • Prolonged hard labors in which the infant is subject to trauma in the birth canal
    • Breech births, in which the baby presents feet first, requiring manual maneuvering on the part of the doctor
    • Difficult births, in which the use of forceps or vacuum extraction is required to remove the baby from the birth canal

     

    Common Errors

    • Failing to intervene in a prolonged labor
    • Using excessive force, either in maneuvering the infant in the womb or with extraction instruments
    • Failing to correctly diagnose and treat the hemorrhage

Birth Injury Facts

  • <2%

    Neonatal deaths and stillbirths caused by significant birth injury

  • 6-8

    Average number of injuries per 1,000 live births

  • #1

    Head injuries are the most common birth injuries

Source: Medscape Merck Manual

Filing a Birth Injury Lawsuit

Birth injuries can be devastating, resulting in physical, financial, and emotional hardships for the child, the mother, and the rest of the family. An experienced birth injury lawyer can achieve a settlement to  provide relief from these hardships if your child was injured as a result of medical negligence.

  • Reasons to File a Birth Injury Lawsuit

    By filing a birth injury claim, you could hold the at-fault medical provider and their employer accountable for the injuries that your child sustained. You can recover a financial settlement to help pay for the costs of the injury, including medical care, disability accommodations, and pain and suffering.

  • What Compensation Is Available in Birth Injury Lawsuits?

    In a birth injury lawsuit claim, you can recover economic and noneconomic damages.

    Economic damages include:

    • Past and future medical expenses to care for the injury
    • The cost of a live-in caregiver
    • Modifications to your home or vehicle to accommodate your child
    • Any medical equipment that your child requires, such as a wheelchair
    • Therapies for your child, such as physical therapy, speech therapy, and occupational therapy
    • Lost income potential or loss of earnings caused by an injury

    Noneconomic damages involve the intangible physical pain, emotional suffering, inconvenience, and loss of life’s pleasures that you or your child have experienced and will experience for the rest of your lives.

  • How Fast Should You File a Birth Injury Lawsuit?

    The statute of limitations is a law that establishes a filing deadline for certain types of lawsuits. If you do not file a lawsuit in time, the court will likely dismiss your case, and you will be ineligible for any recovery or settlement. It is important to speak with a birth injury lawyer as soon as possible to protect your right to compensation.

    The statute of limitations for birth injury lawsuits varies from state to state. Additionally, different rules apply for birth injury cases involving minor children.

    The statute of limitations for a birth injury lawsuit in Pennsylvania is:

    • In PA, Adult plaintiffs have two years from the date of an injury to file a claim.
    • in PA, Minor children have two years from the date of their eighteenth birthday to file their lawsuit.

    The statute of limitation for a birth injury lawsuit in New Jersey is:

    • in NJ, Competent adult plaintiffs also have two years from the date of the injury to file a lawsuit.
    • in NJ, minor children born before July 2004 have two years from the date of their eighteenth birthday to file their lawsuit.
    • in NJ, Children born after July 2004 must file their birth injury lawsuit by their thirteenth birthday.

  • How to File a Birth Injury Lawsuit

    The first step to filing a birth injury lawsuit is to speak with an attorney experienced in handling birth injury claims. These cases are highly complex and require a great deal of investigation, medical expert validation, and legal knowledge. The personal injury attorneys at Cohen, Placitella & Roch, P.C. have achieved history outcomes for our clients’ birth injury lawsuits. Contact one of our birth injury attorneys today for a free consultation.

  • Requirements for Filing Birth Injury Cases in Pennsylvania

    Birth injuries often fall under the medical malpractice umbrella. This means that a medical professional was negligent; in other words, they failed to meet the minimum standard of care of a reasonably competent healthcare provider.

    In Pennsylvania, the law requires supporting testimony of at least one qualified medical expert to pursue a malpractice claim. A qualified medical expert must offer opinions that (1) establish the standard of care, (2) explain how a negligent medical provider breached the standard of care, and (3) confirm that the negligence caused an injury to the plaintiff. Birth injury cases can sometimes settle quickly, but on average they take two to four years to resolve.

    The best thing you can do to prepare for filing a birth injury lawsuit is to keep good records of the symptoms of the injury and the impact of the injury and of all associated medical expenses.

  • What is the Statute of Limitations for a Pennsylvania Birth Injury Lawsuit?

    In most medical malpractice cases, the statute of limitations requires that a lawsuit be filed no later than two years from the date of injury. In Pennsylvania birth injury litigation, the two-year statute of limitations clock doesn’t start ticking for a lawsuit for a child’s injuries until the child’s eighteenth birthday. In other words, an injured child usually has until the age of twenty to file a lawsuit. However, parents who have suffered damages as a result of a birth injury or whose child has died as a result of medical malpractice must file a lawsuit for those damages within two years of the injuries or wrongful death.

  • What is Considered a Birth Injury in Pennsylvania?

    You may have a birth injury claim if your child suffered physical or neurological injuries during labor and delivery. In some cases, improper or insufficient prenatal or postnatal care also leads to birth injury or wrongful death.

  • Birth Injury Settlements in Pennsylvania

    You can receive compensation for economic damages such as medical expenses, lost income, special educational needs, and treatment costs. In addition, the settlement may award compensation for less tangible damages as well, including physical pain, emotional suffering, and loss of life’s pleasures. Unlike in other states, there is no cap on damages in Pennsylvania, whether economic or non-economic.

Meet Our Birth Injury Lawyers

Our Philadelphia Birth Injury Lawyers have the expertise and resources to get the settlement you deserve for your birth injury lawsuit. Our attorneys understand the lasting impact a birth injury can have physically, emotionally, and financially — and we’ll fight to achieve maximum settlements for your case. Our attorneys are based in Philadelphia & Pittsburgh in Pennsylvania and Red Bank & Cherry Hill in New Jersey, but we have fought and won historic victories for birth injury lawsuits nationally.

We Get Results for Birth Injury Lawsuits

Our team of birth injury lawyers have achieved life-altering settlements for victims of medical malpractice. Contact our attorneys today for a free case evaluation.

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Frequently Asked Questions About Birth Injury Lawsuits in Pennsylvania and New Jersey

The birth injury lawyers at CP&R have represented families in Pennsylvania and New Jersey in birth injury cases for decades.

What is the difference between a birth injury and a birth defect?

A birth injury generally refers to harm or damage that occurs to a newborn during the process of labor, delivery, or immediately after birth. We refer to birth injuries as a condition that could have been prevented had the pregnancy or delivery been managed differently.

A birth defect, also known as a congenital anomaly, is a physical or structural abnormality that is present at the time of birth. Birth defects can occur due to genetic factors, environmental exposures during pregnancy, or a combination of both.

How long do I have to file a birth injury lawsuit in Philadelphia or Pennsylvania?

Many factors can affect the statute of limitations for your birth injury case; you’ll need an experienced birth injury lawyer to determine the start date for your statute. Generally speaking, the following summarizes the statute of limitations for a Philadelphia or PA birth injury lawsuit:

  • The Statute of Limitations for birth injury medical malpractice lawsuit in Pennsylvania for the minor child is 20 years from the date of their birth;
  • The Statute of Limitations for the birth injury medical malpractice for the parents of the minor child is 2 years from the date of the incident giving rise to the claim; and
  • The Statute of Limitations arising out of the wrongful death of the minor child is 2 years from the date of death.

How long do I have to file a birth injury lawsuit in New Jersey?

Many factors can affect the statute of limitations for your birth injury case. You’ll need an experienced birth injury lawyer to determine the start date for your statute. Generally speaking, the following summarizes the statute of limitations for a Philadelphia or PA birth injury lawsuit:

  • The Statute of Limitations for birth injury medical malpractice lawsuit in Pennsylvania for the minor child is 20 years from the date of their birth;
  • The Statute of Limitations for the birth injury medical malpractice for the parents of the minor child is 2 years from the date of the incident giving rise to the claim; and
  • The Statute of Limitations arising out of the wrongful death of the minor child is 2 years from the date of death.

What Clients Are Saying

  • Initially, I was lost about what to do and how to get help. I was upset at the time. After calling Cohen, Placitella & Roth, I felt ok that we could have a meeting and discuss this together. Their lawyers reassured us that we could get help with what had happened. 

    John A.

  • You talk to a lawyer who is really interested in you and who cares about what is happening in your life. You feel they are there to help you and are going to help you. After the fact, they called me to see how it was going. How many attorneys take the time to do that? 

    Marissa H.

  • When I didn’t know who to turn to, CP&R had the relationships to recommend nursing care, medical services, financial services, people instrumental in helping us work things out, not just the legal part. The lawyers at CP&R are good people and deserve to be recognized for how good they are professionally and personally.

    Carly J.

Birth Injury Blog Posts

Contact Our Birth Injury Attorneys Today

Schedule a free consultation with a birth injury lawyer today. Fill out this form to reach our team of personal injury attorneys and get the results you deserve for your birth injury case. Serving clients in Philadelphia, Pennsylvania, New Jersey, and nationally.

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