Facebook LinkedIn
(888) 324-7683
Home Logo Small

Birth Injury Lawyers

Philadelphia, Pennsylvania & New Jersey

Our birth injury lawyers represent newborns and families harmed by medical negligence during labor and delivery. Serving Philadelphia, Pennsylvania, New Jersey, and nationwide.

Philadelphia Birth Injury Lawyers Who Get Results

A birth injury is physical harm caused to a newborn during labor, delivery, or the immediate postnatal period — distinct from a birth defect, which develops before labor begins. When a birth injury results from a doctor’s failure to meet the standard of care, families in Pennsylvania and New Jersey can pursue a medical malpractice claim.

At Cohen, Placitella & Roth, our birth injury lawyers in Philadelphia have spent decades fighting for injured newborns and their families. We work with leading medical experts to build the evidence needed to prove negligence and secure maximum compensation. Our attorneys serve clients from offices in Philadelphia, Cherry Hill, and Red Bank — and handle birth injury cases nationwide.

We represent families in birth injury cases involving:

  • Cerebral palsy and hypoxic-ischemic encephalopathy (HIE)
  • Brachial plexus injuries and Erb’s palsy
  • Intracranial hemorrhage and brain bleeds
  • Perinatal asphyxia and oxygen deprivation
  • Spinal cord injuries and bone fractures during delivery

GET HELP TODAY

Common Types of Birth Injury Lawsuits

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

  • Brachial Plexus Injuries (Erb’s Palsy)

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

    Common Causes

    • Shoulder dystocia — baby’s shoulder becomes stuck behind the pubic bone
    • Difficult births in which the baby’s neck is stretched to the side
    • Breech position deliveries
    • Prolonged labor
    • Large newborn size

  • Hypoxic-Ischemic Encephalopathy (HIE)

    Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury caused by insufficient oxygen or blood flow to a newborn’s brain around the time of birth. It is one of the most serious and legally actionable birth injuries, often caused by delays in performing a necessary C-section, mismanagement of fetal distress, or failure to respond to umbilical cord complications.

    Common Causes

    • Prolonged or obstructed labor
    • Failure to perform a timely C-section
    • Umbilical cord prolapse or compression
    • Placental abruption
    • Failure to monitor or respond to fetal distress signals

  • Broken and/or Fractured Bones

    Bone breaks and fractures can occur during labor and delivery. While many heal without lasting effects, these injuries are serious and often preventable.

    Common Causes

    • Trauma at birth
    • Large newborn size
    • Breech delivery
    • Use of forceps or vacuum extraction

    Most Common Childbirth-Related Fractures

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

  • Spinal Cord Injuries

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

    Common Causes

    • Excessive rotation during vertex deliveries
    • Excessive traction during breech deliveries
    • Other complications due to abnormal fetal presentation
    • Undiagnosed spina bifida

  • Cerebral Palsy

    Cerebral palsy is a neurological disorder affecting muscle tone, movement, and motor skills. It often results from injury to the developing brain — including oxygen deprivation, infection, or trauma during delivery.

    Types of Cerebral Palsy

    • Spastic — stiffness and difficulty with movement
    • Athetoid — inability to control movements
    • Ataxic — problems with balance and depth perception

    Common Causes

    • Lack of oxygen to the newborn’s brain (asphyxia) during labor and delivery
    • Maternal infections during pregnancy
    • Fetal stroke disrupting blood supply to the brain
    • Premature birth or low birth weight
    • Traumatic head injury during delivery

  • Perinatal Asphyxia

    Perinatal asphyxia occurs when a newborn is deprived of adequate oxygen during birth, resulting in brain damage and potentially lifelong effects.

    Common Causes

    • Low oxygen or abnormal blood pressure in the mother during labor
    • Long, difficult deliveries
    • Infections in the mother or baby
    • Placental abruption restricting oxygen flow
    • Umbilical cord wrapped around the baby’s neck

  • Intracranial Hemorrhage / Brain Bleeds

    Commonly called “brain bleeds,” these life-threatening injuries occur as a result of trauma or excessive pressure to an infant’s head during delivery. Improper delivery techniques are often to blame.

    Common Causes

    • Prolonged labor with trauma in the birth canal
    • Breech births requiring manual maneuvering
    • Use of forceps or vacuum extraction

    Common Medical Errors

    • Failing to intervene in a prolonged labor
    • Using excessive force 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 type of birth injury

Source: Medscape Merck Manual

Why Choose Cohen, Placitella & Roth as Your Birth Injury Attorneys

Birth injury cases are among the most complex personal injury claims, requiring deep legal expertise and access to qualified medical experts. At Cohen, Placitella & Roth, our birth injury attorneys in Philadelphia have the resources, experience, and track record to take on hospitals, insurance companies, and healthcare systems — in Pennsylvania, New Jersey, and nationwide.

What sets our birth injury lawyers apart:

  • Dedicated medical expert network — We work with board-certified OB/GYNs, neonatologists, and pediatric neurologists to evaluate every case
  • No fee unless we win — Our birth injury lawyers work on contingency; you pay nothing unless we recover compensation
  • Pennsylvania & New Jersey coverage — Offices in Philadelphia, Cherry Hill NJ, and Red Bank NJ, with nationwide case experience
  • Free case evaluation — Contact our birth injury law firm today with no obligation

Filing a Birth Injury Lawsuit

Birth injuries can be devastating, resulting in physical, financial, and emotional hardships. An experienced birth injury lawyer can pursue a settlement if your child was injured as a result of medical negligence.

  • Why Should I File a Birth Injury Lawsuit?

    Filing a birth injury lawsuit may help your family recover compensation for medical care, disability accommodations, therapy, future treatment costs, and pain and suffering. It can also help hold negligent medical providers accountable if improper care caused your child’s injury.

  • What Compensation Is Available in Birth Injury Lawsuits?

    Birth injury compensation may include medical expenses, therapy costs, future care, home or vehicle modifications, lost earning capacity, and pain and suffering. In severe cases involving permanent disabilities, compensation may also account for lifelong care needs. Pennsylvania does not cap damages in medical malpractice cases.

  • How to File a Birth Injury Lawsuit

    Filing a birth injury lawsuit typically starts with speaking to an attorney who investigates whether medical negligence caused your child’s injury. This process may involve reviewing medical records, consulting medical experts, identifying liable parties, and determining damages before filing a claim.

  • Requirements for Filing Birth Injury Cases in Pennsylvania

    In Pennsylvania, birth injury claims generally require expert medical testimony showing that a doctor, nurse, or hospital failed to meet the accepted standard of care and that failure caused the injury. These cases often involve detailed medical reviews and expert analysis.

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

    In Pennsylvania, parents generally have two years to pursue their own damages after a birth injury. An injured child may have until age 20 to file a claim in many situations. Wrongful death claims typically must be filed within two years of death. Because deadlines vary, speaking with a lawyer early is important.

  • What is Considered a Birth Injury in Pennsylvania?

    A birth injury is physical or neurological harm that occurs during pregnancy, labor, delivery, or shortly after birth. Examples may include brain injuries, oxygen deprivation (HIE), nerve damage, fractures, or cerebral palsy caused by medical negligence.

  • What Compensation Can Be Recovered in a Pennsylvania Birth Injury Settlement?

    Pennsylvania birth injury settlements may include compensation for medical care, therapy, special education needs, lost earning capacity, pain and suffering, and future care costs. Settlement value depends on the severity of the injury and long-term impact on the child and family.

Meet Our Birth Injury Attorneys

Our Philadelphia birth injury attorneys have the expertise and resources to pursue the settlement your family deserves. We serve clients from offices in Philadelphia, PA and Red Bank & Cherry Hill, NJ — and handle birth injury cases nationwide.

  • Stewart L. Cohen

    Shareholder

    Stewart L. Cohen is a founding Shareholder at Cohen, Placitella & Roth with more than 30 years of experience in complex civil litigation, including medical malpractice, products liability, workplace accidents, and class actions in Pennsylvania and New Jersey. He has been elected a Fellow of the American Bar Foundation and has secured what was recognized as the Top Settlement or Verdict of 2013 in Pennsylvania, a Top 100 Jury Verdict in the United States, and a Top 20 Recovery in New Jersey.

    VIEW BIO

  • Harry M. Roth

    Shareholder

    Harry M. Roth is a Shareholder at Cohen, Placitella & Roth with a widely recognized record in complex civil litigation, including medical malpractice, product liability, catastrophic personal injury, wrongful death, and pharmaceutical cases. He has achieved numerous multi-million dollar results through jury verdict and settlement, and has been selected by fellow attorneys as one of the Best Lawyers in America®. He served on the Disciplinary Board Committee of the Supreme Court of Pennsylvania from 1994 to 2000.

    VIEW BIO

  • James P. Goslee

    Shareholder

    James P. Goslee is a Shareholder at Cohen, Placitella & Roth, representing plaintiffs in personal injury, medical malpractice, and defective product liability cases across Pennsylvania and New Jersey. His courtroom record includes a $50 million aggregate settlement for plaintiffs injured by a defective product and a $10 million recovery in a birth injury medical malpractice case. Mr. Goslee graduated magna cum laude from Temple University School of Law and holds a master's degree in trial advocacy with honors.

    VIEW BIO

  • Jennifer L. Emmons

    Member

    Jennifer L. Emmons is a Member of Cohen, Placitella & Roth, concentrating her practice on complex civil litigation involving medical negligence, birth injury, catastrophic personal injury, and products liability in New Jersey and Pennsylvania. She has been designated a certified civil trial attorney by the New Jersey Supreme Court and has served as trial counsel in numerous jury trials, non-jury trials, and arbitrations in both states.

    VIEW BIO

  • Elizabeth M. Amesbury

    Member

    Elizabeth M. Amesbury is a Member of Cohen, Placitella & Roth, representing injured parties in complex civil litigation including medical malpractice, products liability, motor vehicle accidents, and premises liability in Pennsylvania and New Jersey. She has briefed and argued cases before numerous appellate courts, including the Pennsylvania Supreme Court, resulting in published opinions that established important precedents for injured plaintiffs.

    VIEW BIO

  • Rachael C. Howell

    Of Counsel

    Rachael C. Howell is Of Counsel at Cohen, Placitella & Roth, representing catastrophically injured individuals and their families in personal injury, wrongful death, medical malpractice, product liability, and motor vehicle and trucking cases. Before entering plaintiff's practice, she served in the Philadelphia District Attorney's Office as lead trial prosecutor in the Homicide & Non-Fatal Shootings Unit. Ms. Howell earned her J.D. from Temple University School of Law and her B.A. from New York University.

    VIEW BIO

We Get Results for Birth Injury Lawsuits

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

  • Case type: Medical Malpractice Attorneys

    Recovery amount: $7.5 Million

    A newborn suffered from cerebral palsy due to negligence on the part of the physicians during birth.

  • Case type: Birth Injury Attorneys

    Recovery amount: $10 Million

    Failure to timely delivery baby resulting in cerebral palsy.

  • Case type: Birth Injury Attorneys

    Recovery amount: $11.5 Million

    Delayed delivery of a now seven year old child who has been living with cerebral palsy.

VIEW CASE RESULTS

Frequently Asked Questions About Birth Injury Lawsuits

The birth injury attorneys at Cohen, Placitella & Roth have represented families in Pennsylvania and New Jersey for decades. Here are answers to the questions we hear most often.

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

    A birth injury occurs during labor, delivery, or shortly after birth and may be preventable with proper medical care.

    A birth defect is typically caused by genetic or developmental factors and is not usually linked to medical negligence unless a provider failed to diagnose or manage known risks.

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

    In Pennsylvania, filing deadlines for birth injury lawsuits depend on who is bringing the claim and the circumstances involved. Parents often have two years to pursue their own damages, while injured children may have longer in certain situations. Because deadlines vary, it is important to speak with an attorney as soon as possible.

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

    In New Jersey, birth injury filing deadlines depend on the child’s age and when the injury occurred. Some minors may have additional time to file, while parents’ claims are often subject to shorter deadlines. Because New Jersey law is complex, it is best to speak with an attorney as early as possible.

  • What is the average birth injury settlement in Pennsylvania or New Jersey?

    Birth injury settlement amounts vary widely depending on the severity of the injury, future medical needs, and available evidence. Serious injuries involving lifelong care, such as cerebral palsy or oxygen deprivation injuries, may result in substantial compensation to cover long-term costs.

  • What does a birth injury lawyer do?

    A birth injury lawyer investigates whether medical negligence caused a child’s injury by reviewing records, consulting medical experts, identifying liable providers, calculating damages, and pursuing compensation through settlement or trial.

  • What should I do if my baby was injured during delivery in Pennsylvania?

    If your baby was injured during delivery, document diagnoses and treatment, request medical records, and speak with a birth injury lawyer as soon as possible. Early investigation can help preserve evidence and determine whether medical negligence contributed to the injury.

Related Practice Areas

  • Cerebral Palsy Lawyers

    Our cerebral palsy lawyers serve families whose children suffered a preventable brain injury during pregnancy or birth. Serving Philadelphia, Pennsylvania, New Jersey, and nationwide.

  • Medical Malpractice Attorneys

    At Cohen, Placitella & Roth, our dedicated medical malpractice attorneys have represented injured clients in Philadelphia, Pennsylvania, New Jersey, and across the nation for over 50 years. Our experienced team, including medical doctors and nursing experts, is committed to uncovering the truth behind each case of medical negligence, whether it involves hospitals, doctors, or other healthcare providers. With a track record of life-changing results, we fight for the compensation our clients deserve, ensuring justice is served. From our offices in Philadelphia, Pittsburgh, Lemoyne, Cherry Hill, and Red Bank, we offer free consultations and proudly serve clients nationwide.

  • Brain Injury Attorneys

    Our Philadelphia brain injury attorneys seek justice for those whose lives and abilities have been catastrophically altered. Litigating cases in Philadelphia, Pennsylvania, New Jersey, and nationwide.

View All Practice Areas

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.

Footer Contact Form

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Opt In

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.