Close up shot on a newborn baby's feet in an adults hand

Birth Injury


Successfully representing clients in birth injury cases

Maine Birth Injury Lawyers

The birth of a child should be a time of celebration. Sadly, for parents who learn their child has suffered a serious injury during birth one that could have been prevented with the appropriate medical care this news is devastating. Making matters worse, babies that suffer birth injuries sometimes require lifelong medical care, putting a tremendous financial and emotional strain on families.

Birth injuries are not uncommon, occurring in approximately 6-8 of every 1,000 births in the United States, or roughly 28,000 per year. Many of these injuries happen when doctors, nurses, and other healthcare professionals make avoidable mistakes. For example, the birth team might fail to recognize signs of fetal distress or a nurse might administer the wrong drug to the mother during labor.

Berman & Simmons won the first verdict in a birth injury case in Maine. Since then, we have handled dozens of cases involving birth injuries to children caused by medical negligence. Our birth injury lawyers have a deep understanding of the medicine and relevant laws in these cases and we are consistently named as the top law firm in the state for this area of the law.

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What are some of the most common birth injuries in Maine?

Brachial plexus injuries. The brachial plexus is the network of nerves that sends signals from the spine to the shoulder, arm, and hand. A brachial plexus injury in babies, also known as neonatal brachial plexus palsy (BPP), occurs when the nerves are stretched, compressed, or torn during delivery. This category of injury includes Erb’s Palsy, which is characterized by weakness or paralysis of the arm.

Cerebral Palsy. This is a disorder of movement, muscle tone, or posture that can develop as a result of a brain injury before, during, or just after birth. Lack of blood to the brain, lack of oxygen to the brain, and the use of instruments during birth can be causes.

Forceps injuries. Marks and bruises on a baby are normal after a forceps delivery. But when used improperly, forceps can cause skull fractures, bleeding within the skull, seizures and other serious problems.

Fractured bones. These usually do not present long-term problems, but broken bones are among the most common birth injuries in the U.S. The clavicle, or collarbone, is sometimes broken during difficult births and breech deliveries.

Infant brain damage. A myriad of causes, including oxygen deprivation and injuries during birth, can lead to infant brain damage. Sometimes, this damage to the developing brain can cause permanent cognitive and physical impairment.

For the best results, you need the best Maine birth injury lawyers

Attorney Jodi Nofsinger holding hip diagram in conference room

No other law firm in Maine can match the skill, experience, and tenacity of our attorneys in birth injury cases. We have the financial resources to handle these cases at the highest level and insurance companies know it.

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S.

We have obtained several of the largest medical malpractice jury verdicts in Maine history, and many of the largest settlements for our clients. Our lawyers are extremely knowledgeable about medical issues and skilled at proving fault, documenting the extent of the child’s injuries, and ensuring that the affected family receives full compensation. We have recovered $1 billion for our injured clients.

Birth Injury FAQs

  • What do I prepare for the first call or meeting with you?

    For your first meeting with us, simply tell us your story and explain in your own words what happened and how your life has been affected. If you’re meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it’s applicable, but that information isn’t necessary. Really all you need to do is be yourself, speak with us honestly, and be willing to tackle your problems with us.

    Initial conversations between potential clients and our staff members are often done over the phone. Rest assured that everything we discuss is confidential and protected under law.

  • How much will a lawyer cost me?

    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your case. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us until and unless we recover monies on your behalf. if we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.

  • How will you know know if I have a case?

    To pursue a case, we will need to prove that you suffered a substantial personal injury and the injury was directly caused by the negligence of another party. A bad result alone is not enough to establish negligence. We let you know upfront if we are able to move forward with the legal process, or if we don’t think you have a case. Generally, we will know if you have a case after our first phone call or meeting.

    If we believe you have a valid claim and decide to move forward with litigation, our attorneys and staff will then take it from there and do everything else that needs to be done, including obtaining and reviewing records relevant to your case, such as accident reports and other law enforcement documents, employer records, medical records, and other information.

  • How long will it take to resolve my case?

    Every case is different, and there is no way to predict how long it will take for your case to be resolved. Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years. The vast majority of cases, however, are resolved before a trial and usually within a year.

    The goal is to make sure you receive fair compensation for your injuries, no matter how long it takes whether that comes in the form of a pre-trial settlement, or with a jury verdict in your favor.

  • How much is my case worth?

    There are many factors that need to be considered when determining the value of your case. Every case is unique and it takes a team effort — including your attorney, staff researchers, and outside experts — to determine the extent of your damages and how much your case is worth. There are two types of damages for which you could receive
    compensation: Economic and non-economic.

    If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages.

A law firm that actually listens to you

Cases involving injuries to babies during birth are among the most complex and emotionally devastating cases in our civil justice system.

As the lawyers for parents whose children have suffered birth injuries, we understand the unique challenges you face. We realize that beyond the physical struggles your child endures, the emotional and financial impacts can be overwhelming.

Our lawyers and staff members take the time to listen to you, understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved.

We'll Take Care of the Heavy Lifting

A Team Approach for Our Clients

What are some of the causes of preventable birth injuries?

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    Missed signs of fetal distress, including failure to monitor heartbeat

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    A delayed cesarean (C-section)

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    Misuse of labor-inducing drugs

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    Unnecessary or improper use of forceps or vacuum extraction

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    Pulling and/or twisting the infant improperly during labor and delivery

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    Unwarranted acceleration of the birth

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    Shoulder dystocia (when the baby’s shoulder becomes stuck behind the mother’s pubic bone, after delivery of the head)

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    Delay in diagnosis or treatment of a uterine rupture or placental abruption