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Birth Injury

San Francisco Birth Injury Attorney

Nationally Recognized Birth and Neonatal injury Law Firm in California

Birth injuries can occur for a variety of reasons. When they are caused by health care providers who deviate from standard procedure, fail to recognize potential dangers, or otherwise act negligently, victims may have the right to file personal injury claims.

As civil claims, birth and neonatal injury lawsuits can hold medical providers accountable for their negligence and help victims recover financial compensation for their damages.

Bostwick & Peterson, LLP is a premier Civil Trial Practice that has recovered millions in compensation for birth injury victims, including record-setting verdicts and settlements. Our team is renowned for litigating complex cases and is available to review yours and discuss how we can help.

  • Medical Malpractice, Birth Injury, Brain Injury, Sepsis, Medication Error Record-Setting Result $17,000,000

    Settlement for a brain-injured baby.

  • Brain Injury, Birth Injury, Medical Malpractice, Cerebral Palsy Record-Setting Result $15,000,000

    Largest pretrial settlement against the United States in Hawaii for a child who suffered brain damage during birth.

  • Medical Malpractice, Brain Injury, Neonatal Injury, Surgical Injury Record-Setting Result $14,000,000

    Surgery error on a 3-day old child resulted in brain injuries.

  • Medical Malpractice, Brain Injury, Birth Injury, Cerebral Palsy Record-Setting Result $11,400,000

    Birth injury resulted in Cerebral Palsy. This settlement is a state record.

  • Medical Malpractice, Neonatal Injury, Failure to Diagnose Record-Setting Result $11,000,000

    Neonatal blindness injuries to premature triplets after failure to diagnose the condition in a timely manner.

  • Medical Malpractice, Birth Injury, Cerebral Palsy, Brain Injury Record-Setting Result $10,000,000

    Record settlement for a birth injury case in that state.

  • Medical Malpractice, Birth Injury, Cerebral Palsy, Brain Injury Record-Setting Result $8,900,000

    Record trial judgment for improper use of vacuum extraction and failure to timely deliver a baby (1985).

  • Medical Malpractice, Neonatal/Birth Injury, Cerebral Palsy, Brain Injury Record-Setting Result $8,000,000

    Record settlement for a neonatal/birth injury in this Western state. The baby suffered severe spastic quadriparesis and relatively retained cognitive ability.

  • Medical Malpractice, Birth Injury, Cerebral Palsy, Brain Injury Record-Setting Result $7,100,000

    Birth injury record settlement in Mid-America.

  • Medical Malpractice, Birth Injury, Cerebral Palsy, Brain Injury Record-Setting Result $7,000,000

    California birth injury record settlement at the time.

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HAS MY CHILD SUFFERED A BIRTH INJURY?

Early detection of birth injuries is crucial as it can significantly impact the child's quality of life and treatment options. It allows for immediate intervention, potential treatment, and management of symptoms, which can prevent further complications and foster improved outcomes. As parents, you play a pivotal role in this process. Regular visits to pediatricians and being vigilant about your child's developmental milestones can help in early identification. If you notice any unusual symptoms like lack of reflexes, seizures, difficulties in eating, breathing, or any developmental delays, it is essential to consult your healthcare provider immediately. They can guide you through the necessary tests and medical examinations to diagnose potential birth injuries. Remember, your proactive actions can pave the way for your child's better health and well-being.

Why Choose Bostwick & Peterson, LLP?

  • Record-Setting Case Results: We have secured record-setting birth injury and neonatal injury recoveries in California, Hawaii, Washington, Oklahoma & Colorado.
  • Over $1 Billion Recovered: Our firm has recovered over $1 Billion in compensation for victims of personal injury, medical malpractice, and birth injuries.
  • Award-Winning Attorneys: Our attorneys are recognized nationally by prestigious legal associations, including The Best Lawyers in America and Super Lawyers®.
  • Passionate Service: Our compassionate legal team works closely with clients, keeping them informed about their case, and delivers personalized service at all times.
  • No Recovery, No Fee - We work on contingency fees, meaning if we don't win your case, you don't pay legal fees!
  • James Bostwick is one of the top 100 plaintiff lawyers in the country.

Meet Our Team | View Recent Case Results

Record Setting Results

Since January 2018, Bostwick & Peterson has twice broken the California record for the largest medical malpractice recoveries with two separate birth injury claims:

  • In 2018, Attorney James Bostwick and the firm obtained a $14M birth injury settlement over a neonatal brain injury. At the time, the result was the largest present value settlement in California history for a case that had not been tried to verdict.
  • In May 2019, Attorney Erik Peterson secured a $17M birth injury settlement over brain damage during pregnancy – the largest medical malpractice present value result (settlement or verdict) in state history.

Birth Injury Cases We Handle

A birth injury refers to any physical or psychological damage inflicted on a baby during the labor and delivery process. These injuries can result from complications during birth, medical negligence, or pre-existing conditions. Some birth injuries are temporary and may heal over time, while others can cause long-term or permanent disabilities.

Bostwick & Peterson has decades of collective experience protecting the rights of birth injury victims. We are able to handle all types of birth and neonatal injury cases, including those involving:

  • Brain Injuries: Damage to the baby's brain can occur due to lack of oxygen (hypoxia) or trauma during birth. Conditions such as hypoxic-ischemic encephalopathy (HIE) fall into this category.
  • Chemical Birth Defects: These result from exposure to harmful chemicals or drugs during pregnancy. They can cause a range of developmental issues or physical abnormalities in the newborn.
  • Erb's Palsy: This is a type of brachial plexus injury caused by excessive pulling on the baby’s head during delivery. It affects the nerves controlling the arm and hand, leading to weakness or paralysis.
  • Spinal Cord Injuries: Damage to the spinal cord during birth can result in various degrees of paralysis or loss of motor function, depending on the severity and location of the injury.
  • Cerebral Palsy: This is a group of disorders affecting movement and muscle tone or posture, often caused by damage to the brain during or shortly after birth. It can result from lack of oxygen, trauma, or infections.
  • Premature Delivery: Babies born before 37 weeks of gestation may face a range of health issues due to their underdeveloped organs and systems. Premature birth can lead to complications such as respiratory distress syndrome and developmental delays.
  • Shoulder Dystocia: This occurs when the baby's shoulder gets stuck behind the mother's pubic bone during delivery. It can lead to nerve damage or fractures.
  • Labor & Delivery Problems: Issues such as prolonged labor, improper use of delivery instruments (like forceps), or failure to monitor the baby’s condition can result in various birth injuries.
  • Paralysis: Birth-related injuries can cause partial or complete loss of muscle function in various parts of the body, depending on the location and severity of the injury.
  • Wrongful Death: In some tragic cases, complications during birth can lead to the death of the newborn. This can be due to medical negligence, mismanagement of labor, or failure to provide timely intervention.
  • Maternal injuries: While not affecting the baby directly, injuries sustained by the mother during labor and delivery can have significant consequences. These may include severe tears, infections, or damage to reproductive organs.

Fighting for the Maximum Compensation Possible

Birth injuries can cause devastating physical, developmental, and cognitive complications that create a lifetime of expenses for families. At Bostwick & Peterson, we leverage our experience to help clients fight for the maximum compensation possible.

Recoverable damages in birth in cases can include:

  • Hospital and medical bills
  • Future medical needs
  • Assistive care, therapy, and special accommodations
  • Physical pain and suffering
  • Emotional injuries
  • Past and future lost wages

San Francisco Birth Injury Lawyers Serving Victims Nationwide

Birth and neonatal injuries can be overwhelming and life-altering, both for children and entire families. If you or your child suffered preventable injury because of a medical error before, during, or after childbirth, pursuing legal action can help you obtain the justice and compensation you deserve.

Bostwick & Peterson, LLP proudly serves families throughout California and the country. Call or contact us online to request a FREE consultation.

Cases We Handle

Preparing Birth Injury Cases, Proving Causation

Developing a birth injury claim requires extensive preparation, and a thorough investigation of available evidence which support a claim’s most essential elements – most notably causation. In addition to drawing from the insight of our attorneys and medical experts, we pay close attention to fetal heat rate monitoring tools that provide both a window into the well-being of a fetus during labor and delivery, and recorded evidence that offers a retrospective analysis of what, if anything, went wrong.

James Bostwick has spent decades leveraging evidence captured by fetal monitoring to prove causation, an element of injury claims that can be exceedingly difficult to establish in complex claims involving medical malpractice.

Over his career, he has seen medical standards and criteria for demonstrating causal links between substandard care and preventable injuries evolve greatly. What’s more, he’s become intimately familiar with the strategies defense attorneys have refined to refute plaintiffs’ claims, and the ever-present need to consider the individual circumstances of every case.

Read James Bostwick’s article on Medical Malpractice: Preparation and Trial of Birth Injury Cases as published in Plaintiff magazine.

NATIONALLY RECOGNIZED LAW FIRM

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What Sets Bostwick & Peterson, LLP Apart? 

  • More than $1 billion recovered for our clients
  • Since January 2018, the firm has twice broken the California record for the largest medical malpractice settlement
  • James Bostwick was named Trial Lawyer of the Year by Best Lawyers® in 2012
  • James Bostwick is a Nationally Certified Specialist by the American Board of Professional Liability
  • Included in the list of "Best Lawyers in America" by U.S. News - Best Lawyers® since its inception in 1983
  • James Bostwick received the Trial Lawyers "Presidential Award of Merit"
  • James Bostwick is a member of the Inner Circle of Advocates, limited to the nation’s top 100 plaintiff lawyers
  • Record-setting verdicts and settlements in five states for medical malpractice and motor vehicle accidents

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