birth injury attorney

Published on: October 21, 2018

Erb’s Palsy Lawyer: Florida Birth Injury Meant Athlete’s Success Didn’t Come Easy

A recent feature in The Chicago Tribune detailed the lifelong struggle of a child – now a man – diagnosed with Erb’s palsy shortly after birth. Today, the young man is now a junior at a university in Illinois, overcoming countless challenges following his birth injury in Florida that an Erb’s Palsy lawyer can explain impacts as many as two in every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.

The story detailed how the mother and son first realized the uphill battle they’d both face: When he was 6-years-old and cried because he was unable to tie his shoe with a single hand. His mother, however, would not allow her son to use the word, “can’t,” and instead spent months teaching herself to tie her own shoe one-handed so she could teach her son. That kind of persistence paid off, and today, the 6-foot-6-inch shooting guard (whose parents – both former college basketball stars themselves – still live in Florida) is considered an inspiring success story. However, a birth trauma attorney recognizes that such heartwarming successes do not come easy.

Those who suffer from birth injuries like Erb’s Palsy can expect long-term difficulty impacting not just their physical ability, but social development, educational opportunities and career prospects.

How a Palm Beach Erb’s Palsy Lawyer Can Help Continue reading →

Published on: July 12, 2018

Birth Injury Verdict Results in $11.35M Verdict for Brain Injury

By Dean Freeman

Living in an age of medical and scientific advancements, we have a tendency to think of our health care providers – and specialist doctors in particular – as being infallible. The truth of the mater is they are simply human who can cause harm even when they are trying to help. That’s the case with most birth injuries that give rise to medical malpractice claims.

Recently, a jury in Ohio awarded $11.35 million to a boy, now 16, who reportedly suffers from intellectual and social disabilities after suffering a brain injury at birth. His parents say the OB/GYN and her practice were negligent in the delivery of the boy in April 2001. According to court records obtained by The Akron Beacon Journal, the child was born via vaginal delivery, wherein the doctor used a vacuum and forceps. This was despite the fact there were several indications the boy needed to be delivered via C-section. These factors included the fact that patient was a first-time mother, the baby was large and also his head was facing the wrong direction. Plaintiffs alleged the baby was traumatized as a result of the delivery, with evidence of contusions and bruising.

He was thereafter hospitalized in the facility’s neonatal intensive care unit, where doctors explained the child may suffer lasting injuries. Although he initially appeared to function normally, social and developmental delays became apparent as he got older. The couple was hopeful the child would “grow out of” these issues, but by the time he was between 9- and 10-years-old, they concluded that the reality was he would not. It was at that point the parents contacted a birth injury lawyer to help investigate their claim. Continue reading →

Published on: August 4, 2015

Birth Injury Legal Fee Limits Still in Effect, Per FL 4th DCA

By Dean Freeman

The attorneys who represented a child severely injured at birth will not be able to receive more than the damage cap put into effect by the state legislature, even though they spent five times that in bringing the case forward.

Beyond just delivering a financial blow to this one law firm, the case could have a stifling effect when it comes to court access. That is, if an attorney knows he or she is going to suffer major losses bringing a case on behalf of severely injured children or other clients, there is less a likelihood those plaintiffs will be able to find representation. That means there is a lesser likelihood there cases will even be filed in the first place, let alone make it to a settlement or trial phase.

It’s disheartening news, especially when you consider that medical malpractice cases such as those brought for birth injuries require meticulous, aggressive and experienced legal representation in order to be successful. Forcing those with the ability to provide this – and ultimately, relief of the enormous financial burden that victims bear – will make it tougher for those who suffer the most to press forward with these cases.

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