California Birth Injury Attorneys
Representation for families in Los Angeles and throughout the state
The birth of a child should be an exhilarating experience for a family. When an act of medical negligence causes your child harm, it does more than strip away that excitement. It can financially and emotionally devastate a family. If your family has been affected by a medical mistake such as this, Heimberg Barr LLP is here to help. The Los Angeles birth injury attorneys have secured millions of dollars in recovery for families throughout California, including:
- $17 million for a family whose child developed permanent brain damage when a doctor failed to respond to signs of fetal distress. Largest verdict in the history of California at that time
- $10.55 million for a family whose triplets were unnecessarily delivered at 25 weeks, leading to the loss of one child and permanent brain damage in the surviving children
- $7.1 million for a family whose twins sustained brain damage after being delivered unnecessarily early, at 30 weeks
- $5.075 million for a family whose baby was born with brain damage because of negligent care during labor and delayed delivery via C-Section.
Contact the firm to learn more.
Birth injuries
Birth injuries occur in the womb or during the labor and delivery process. If the cause of the baby’s condition or health complication was congenital (developing before the baby is born), then it is considered a birth defect. Conditions like Down syndrome, cleft palate, and neural tube defects are all birth defects.
Even with some defects, however, much harm can be avoided with proper treatment (e.g., congenital inability to metabolize chemicals). Also where there is a failure to inform and give parents opportunity to make decisions regarding the continuation of the pregnancy, there may be a “wrongful birth” case.
Issues of liability
Birth injuries may be the result of delivery trauma or medical mistake, often during labor and the period surrounding delivery. An undiagnosed infection, failure to recognize oxygen deprivation, or traumatic injuries from unnecessary force during delivery are all examples of birth injuries.
Common causes of birth injuries
Some common causes or results of birth injuries are:
- Improper monitoring
- Improper medication and treatment
- Trauma during delivery
- Failure to detect fetal distress
- Oxygen deprivation probably caused by problems that are occurring with blood supply to the baby through the placenta or umbilical cord
- The baby being allowed to remain in the birth canal too long
- Failure to recognize and treat numerous problems anytime during pregnancy and particularly in the final weeks and especially during the labor and delivery period, e.g. IUGR
- A delay in ordering a Caesarian section
- Poor use of vacuum extractors or forceps
- Placental abruption (where the placenta separates from the wall of the womb causing the mother severe bleeding)
- Preeclampsia which if left untreated, can lead to stroke and seizures in mother and similar injury to baby
Birth injuries may be caused by an avoidable medical error of a doctor, midwife, nurse, anesthesiologist, clinic, hospital or HMO, in which case you may have a claim against one or more of them.
If you or your child sustained injuries during childbirth, you may have a claim for medical malpractice.
Why California families might need to file birth injury claims
Children who suffered birth injuries may face many medical problems, including brain damage, cerebral palsy, spastic quadriplegia, seizure disorders, other severe developmental disabilities or neurologic problems. Some children may never be able to care for themselves and along with their families, will know a lifetime of emotional and physical challenges, encounter huge medical bills for therapy, surgeries, medications, nursing and 24/7 attendant care, and special education services. The cost to provide their children with long-term security and significant quality of life can be staggering.
The initial shock of having a child with a birth injury will give way to the day-to-day complications and challenges that you face. You may need help caring for a child with severe disabilities, which means less time to devote to your other children. It could mean that you or your partner may need to quit your job to care for your child. Your insurance may not be enough to cover the costs of medication and care, and many families find themselves burning through their savings as a result.
While no amount of money can make up for what is lost, it can help take care of the child’s needs and ensure he or she is taken care of in the days to come, particularly after the parents are no longer able to care for them.
Time is of the essence when it comes to your claim
Though the firm understands that this is an excruciatingly difficult time for you, please be aware that it is critical that an investigation into the facts of the case be undertaken as soon as possible if you are considering filing a lawsuit. This is necessary to preserve evidence and to avoid losing your right to bring a lawsuit.
There are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to a medical malpractice attorney as soon as possible.
Why families in California hire Heimberg Barr LLP
Heimberg Barr LLP attorneys have decades of experience facing down insurance companies and their lawyers. They know the medical and legal issues inside and out and they know how to hold insurance companies accountable. They know what it takes to get insurance companies to do their job and pay claims that should be paid. That knowledge combined with a passionate commitment to justice and a rigorous work ethic form the foundation on which the firm is built.
At Heimberg Barr LLP, you work with a team of dedicated professionals who have spent decades honing their craft. Dr. Steven Heimberg can recognize the full extent of medical issues resulting from birth injuries and trauma, and simplify and communicate the full impact of life-altering injuries to juries, so that they also understand and can award just damages. Steve Heimberg has spent more than 20 years working one-on-one with injury victims and their families, helping them process their “new normal,” and holding negligent doctors and medical professionals accountable for their actions. When you need a litigator who has the skills, experience, and resources to handle a complex birth injury claim, you want a California medical malpractice lawyer from Heimberg Barr LLP.
Heimberg Barr attorneys are recognized year after year by their peers for their dedication and standout achievements. The firm was named the #1 Medical Malpractice firm by The National Law Journal and has been recognized repeatedly as Top Tier attorneys in Medical Malpractice and Personal Injury by Best Lawyers and US News and World Reports. Partner Steven Heimberg has been named The Los Angeles Trial Lawyer of the Year, Lawyer of the Year in 2017 by Best Lawyers and The Wall Street Journal in both Personal Injury and Medical Practice and has been named Top 100 California Trial Lawyer for the ten straight years.
Speak with a Los Angeles birth injury lawyer today
Heimberg Barr LLP is an award-winning catastrophic injury and medical malpractice firm. If you, your loved one, or your child sustained injuries before, during, or after the birth and delivery process, please call (310) 954-2000 or fill out this contact form, and schedule a free consultation. The firm serves clients throughout California.
California Birth Injury Case Results by Dr Steven Heimberg
$17,000,000
LARGEST VERDICT DELIVERED IN THE HISTORY OF CALIFORNIA AND LOS ANGELES COUNTY at the time for a baby’s birth injuries during labor and delivery caused by a doctor’s failure to respond to the baby’s problems, causing brain damage.
$5,075,000
SETTLEMENT FOR MOTHER AND BABY FOR FAILURE TO DIAGNOSE FETAL DISTRESS AND FOR UNTIMELY DELIVERY. Mother who was monitored only by labor and delivery nurses during the majority of her labor delivered via C-Section. The negligent care of the hospital, its staff and obstetricians caused an unreasonable delay in delivery and the uterus to rupture causing the baby to be born with brain damage.
$4,500,000
IMPROPER MONITORING OF FETAL MONITOR STRIPS DELAYED DELIVERY OF THE BABY AND RESULTED IN BRAIN DAMAGE. Mother was admitted at 40 weeks gestation and despite non-reassuring findings in the fetal monitor strips, the hospital staff failed to involve a physician and delivery was not attempted, causing the baby to suffer partial prolonged hypoxia, leading to brain damage.
$2,995,000
IMPROPER MONITORING AND INTERPRETATION OF FETAL MONITOR STRIPS DELAYED DELIVERY OF THE BABY AND RESULTED IN BRAIN DAMAGE. The hospital staff was negligent in reviewing the non-reassuring findings in the fetal monitor strips and failed to involve a physician, which delayed the delivery of the baby and caused the baby to suffer brain damage.
$10,550,000
LARGEST MEDICAL SETTLEMENT IN THE HISTORY OF CALIFORNIA AND LOS ANGELES COUNTY REACHED DURING DAMAGE PHASE OF TRIAL. Largest settlement at the time for negligent misdiagnosis and improper recommendation of a caesarian section delivery of triplets 25 weeks into the pregnancy, resulting in the death of one infant and the other two having severe birth injuries due to prematurity.
$3,800,000
SETTLEMENT for the birth injuries of a baby. Dr Heimberg established that the injuries were caused by the needless delay of a cesarean section needed by the infant’s 27 year old mother.
$3,750,000
SETTLEMENT for birth injuries and permanent disabilities caused by the negligent delay in the delivery of a baby in distress.
$2,250,000
LARGEST SETTLEMENT IN VENTURA COUNTY HISTORY at the time for a baby’s birth injuries caused by a doctor’s failure to respond to fetal distress, causing brain damage.
$2,750,000
BABY BORN WITH BRAIN DAMAGE DUE TO FAILURE TO RECOGNIZE DEVELOPING ABNORMALITIES IN FETAL MONITORING STRIPS. 22 year old first- time mother was admitted at 38-weeks with severe symptoms of preeclampsia. Despite signs of developing abnormalities, the hospital staff failed to promptly notify the physician and undertake preparations for a C-section causing unreasonable delay in the delivery of the baby who was born with severe brain damage. Heimberg Barr lawyers overcame defense arguments that severe preeclampsia caused baby’s injuries before mother ever presented to the hospital, prompting a settlement after 16 days of trial.
$7,100,000
VERDICT for the birth injuries suffered by twins who were delivered unnecessarily at 30 weeks, resulting in both babies suffering brain damage. Our brain injury lawyers successfully uncovered, with advanced technology, that doctor altered the medical records.
$5,900,000
SETTLEMENT FOR BIRTH INJURIES resulting from negligent failure to recognize fetal heart rate tracings showing decreased variability, recurring variable decelerations, late decelerations, and fetal tachycardia on the electronic fetal monitor strips and failure to perform necessary interventions to promptly deliver the baby causing hypoxic-ischemic encephalopathy (HIE).
$4,275,000
IMPROPER TRIAL OF LABOR AFTER CESAREAN CAUSED UTERINE RUPTURE AND BRAIN DAMAGE TO BABY. Mother who had previously given birth via C-Section attempted vaginal delivery due to lack of proper informed consent. After a prolonged labor, the uterus ruptured, and the baby ultimately had to be delivered via C-Section. The negligent care by the hospital, its staff and obstetricians caused an unreasonable delay in delivery, in the uterine rupture and the baby being born with brain damage and cerebral palsy.
$2,250,000
OBSTETRICIAN AND ANESTHESIOLOGIST’S FAILURE TO RECOGNIZE FETAL DISTRESS AND TO TIMELY PERFORM CESAREAN resulted in the baby being born with brain damage.
$1,560,000
SETTLEMENT for a baby’s brain injuries for failure to undertake a cesarean section in the face of a breech.