Experienced Birth Injury Lawyers
Vero Beach, FL
There are few things more exciting than becoming a parent. Yet for some parents, their joy at welcoming a new baby to the family is washed away by the realization that their baby suffered a birth injury. You may be frightened and unsure about their future – and wondering how you can best help your child to thrive.
Birth injuries can result from medical negligence during pregnancy, labor, delivery, and after birth. Many birth injuries, such as cerebral palsy, result in permanent disability. Our experienced Florida birth injury attorneys will work with you to help you get maximum compensation for your claim.
Based in Vero Beach, Gould Cooksey Fennell represents injury victims throughout the Treasure Coast. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law offices today to schedule an appointment with a Vero Beach personal injury lawyer.
Common Types of Birth Injuries
A birth injury includes any type of harm that a baby suffers during pregnancy, childbirth, or immediately after birth. While many types of birth injuries are relatively minor, others can cause permanent disabilities – or even death.Â
Many birth injuries are the direct result of events and complications that occur during pregnancy or labor and delivery. Others are considered congenital defects that arise from genetic and/or environmental factors.
Birth injuries fall into three broad categories: (1) orthopedic injuries (such as a broken clavicle); (2) nerve injuries (such as Erb’s palsy); and (3) brain damage (such as cerebral palsy). Some of the more common birth injuries include:
- Brachial palsy, also known as Erb’s palsy, occurs when the nerves that go to the arms and hands are injured. This often happens when there is difficulty delivering the baby’s shoulder (shoulder dystocia). It can cause a baby to lose the ability to flex and rotate their arm. In some cases, movement will return within a matter of months. However, if the nerves are torn, it may cause permanent damage.
- Caput succedaneum, or swelling of the soft tissues of the baby’s scalp. This most often occurs when a baby is delivered through vacuum extraction. This swelling typically goes away within a few days.
- Fractures often occur in the clavicle (collarbone) when there is difficulty delivering a baby’s shoulder.
- Brain damage can happen due to an intracranial hemorrhage, oxygen deprivation (birth asphyxia), blood clots, and other complications.
- Cerebral palsy, which is a movement disorder that is often caused by brain damage.
- Hydrocephalus, which is a neurological disorder caused by a buildup of cerebrospinal fluid in the brain cavities, which puts pressure on the brain.
- Hypoxic-ischemic encephalopathy (HIE) is a more severe brain injury caused by a lack of oxygen and/or blood to the brain during labor and delivery.
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While each birth injury has its own signs and symptoms, there are some things that you can look out for as a new parent. This includes difficulty breathing, excessive crying, feeding problems, a bluish skin tone, limited movement, slow reflexes, and developmental delays.
Not every birth injury is caused by medical negligence. However, if a doctor fails to properly diagnose and treat a prenatal condition, to appropriately monitor and intervene during labor and delivery, or to treat an issue after birth, they may be liable for any injuries that they cause. Our law firm will fight to help you get top dollar for your baby’s birth injury.
When Can You File a Lawsuit for a Birth Injury in Florida?
A birth injury lawsuit is part of a special category of personal injury law – medical malpractice. In Florida, medical malpractice occurs when a healthcare provider fails to meet the standard of care for their profession. For example, if the standard of care for an obstetrician is to monitor fetal heart rate during labor and delivery and they fail to do so, then they could be held liable for any birth injuries that result.
Medical negligence can occur at any time during pregnancy, labor and delivery, and after birth. Common causes of birth injuries caused by medical negligence include:
- Inadequate monitoring: the vital signs of both the baby and mother should be closely monitored during labor and delivery. Any deviation from the norm – such as an increased heart rate – should be promptly addressed.
- Improper extraction methods: in some cases, it may become necessary to use forceps or a vacuum extractor to assist in a vaginal delivery. When used properly, these extraction methods are generally safe. However, if not performed properly, they can cause serious injury.
- Failure to intervene: when a baby or mother experiences distress during labor, it may be necessary to perform an emergency cesarean section. If a doctor delays a c-section or doesn’t perform one when necessary, it could cause a birth injury.
- Inadequate prenatal monitoring: there are many medical issues that could cause a birth injury if left untreated. If a physician does not appropriately monitor, diagnose, and treat an expectant mother, it could be a form of medical malpractice.
- Failure to treat a baby after birth: immediately after birth, the medical team should perform a series of tests to check the baby’s health. If they do not do these tests or respond with appropriate treatment (such as cooling therapy for HIE), it may be medical negligence.
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It can be difficult to determine when a baby’s birth injury was caused by medical malpractice. If your baby has been diagnosed with a birth injury, our law firm will work with you to help you understand your legal rights and options. By collaborating with experts and using our own experience, we can advise you of the potential for filing a birth injury lawsuit against the doctor, staff, hospital, and any other at-fault parties.
Generally, birth injury lawsuits must be filed within the 2-year statute of limitations for medical malpractice claims. This means that you have 2 years from when you knew or should have known about the birth injury to file a lawsuit. However, under Tony’s Law, the statute of limitations for children who suffered medical malpractice is extended to the age of 8 (as long as the injury was not discovered – or could not have been discovered – before the child’s 8th birthday).
While some birth injuries are immediately obvious, many don’t become apparent until after a child does not reach certain developmental milestones. If you suspect that your child may have a birth injury, reach out to our law offices as soon as possible to schedule a free consultation with a member of our legal team.
How Our Birth Injury Lawyers Can Help
When your baby or child is diagnosed with a birth injury, your main focus will likely be on how to best help them. You will likely be busy making appointments, searching for support, and figuring out how to help your child reach their full potential. During this difficult time, you might not have the bandwidth to think about the legal aspects of the situation.
Our law firm will take on the fight for you. We know that our clients are often dealing with financial and emotional strain in the aftermath of a birth injury diagnosis. Our goal is to lift that burden for you – while holding the responsible parties accountable.
Doctors, hospitals, and other medical professionals are represented by massive insurance companies and teams of lawyers and adjusters. Their goal is not to make sure that you get a fair settlement for your claim. Instead, they are working to find a way to either deny your claim entirely or pay out as little as possible.
Our Florida birth injury lawyers will analyze medical records, interview witnesses, and work with experts in the field to develop a strong case for compensation. In a typical case, you may be entitled to money for all of your losses, including:
- Medical expensesÂ
- Additional costs related to your child’s care, education, and services
- Any renovations necessary to make your home accessible
- The cost of specialized equipment
- Your lost wages and reduced earning potential
- Loss of future earning potential of your child
- Pain and suffering
- Emotional distress
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If the birth injury happened as a result of intentional or reckless conduct, you may also be entitled to punitive damages. In situations where your child died as a result of medical negligence, you may file a wrongful death claim to recover money for your additional losses.
We are often able to negotiate a settlement for our clients. However, if the insurance company refuses to offer fair compensation, then we will take the case to trial to help you get the money that you are entitled to under Florida law. In every case, we will fight to protect your interests and help you achieve justice.
Contact Our Law Offices Today for Help
If your child has been diagnosed with a birth injury, you may be struggling with a range of emotions. You may also be unsure of your legal rights and what steps you should take to protect yourself. Our law firm will advocate for you and help you achieve the best outcome for your case.
Gould Cooksey Fennell represents people in the Treasure Coast area who have been hurt due to the negligence of other people – including families whose children have suffered birth injuries. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Florida birth injury attorney, give us a call at 772-231-1100 or fill out our online contact form.
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- $150M+ in Recent Personal Injury Verdicts & Settlements
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Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.
Notable Settlements and Verdicts
We’ve recovered over $150 million for our clients. These are real case results from real people who came to us for help. And we got them what they were owed.
Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.
Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
Indian River County crash resulting in significant injuries to a husband and wife. This matter was resolved prior to filing a lawsuit.
Obtained a Trial Verdict of $1.64 million dollars for injuries sustained by an 86 year old woman in a rollover auto accident on SR 60 in Vero Beach, Florida. After prolonged hospitalization, Mrs. Koebele never fully recovered and an Indian River County Jury awarded $1,170,130 for her injuries and $475,000 for her husband’s consortium claim.
Automobile crash in Vero Beach, FL resulting in cervical injury, including disc herniation to a 22 year old tennis professional.
While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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