
Your 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.
Advocating for Justice: Birth Injury Cases and Legal Expertise
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.
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.
Birth Injuries in Maine
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
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 $1.45 billion for our injured clients.
When Devastating Birth Injuries Occur, Our Team is Ready to Help.
Preventable birth injuries can result from mistakes made during labor and delivery, often stemming from medical negligence. Understanding the causes of these injuries is crucial for seeking justice and preventing similar tragedies in the future. Some common causes include failure to recognize or respond to signs of fetal distress, improper use of delivery tools like forceps or vacuum extraction, and delays in critical procedures such as a C-section. Other factors, such as mismanagement of labor-inducing drugs, improper handling of shoulder dystocia, and failure to address complications like uterine rupture or placental abruption, can also lead to devastating outcomes for both mother and baby.
What are some of the causes of preventable birth injuries?
- Missed signs of fetal distress, including failure to monitor heartbeat
- Pulling and/or twisting the infant improperly during labor and delivery
- A delayed cesarean (C-section)
- Unwarranted acceleration of the birth
- Unnecessary or improper use of forceps or vacuum extraction
- Delay in diagnosis or treatment of a uterine rupture or placental abruption
- Misuse of labor-inducing drugs
- Shoulder dystocia (when the baby’s shoulder becomes stuck behind the mother’s pubic bone, after delivery of the head)
When the Stakes are High, We Deliver Results
Our client reviews showcase the skills, advocacy, compassion, and work ethic we bring to every case to achieve the best results.
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“You are a class act and I appreciate the time, care, and expertise you have always put in each and every piece of advice you’ve provided to me along the way!”- Reichen K.
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“Tim was gracious, knowledgeable in negotiations, and kept in touch with me throughout the one-year period of a personal injury claim”- Dolores C.
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“Every interaction I had with Craig demonstrated a complete understanding of the law as well as the merits, strengths, and also the weaknesses of the case.”- Ryan H.
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“My lawyer was Susan Faunce, she was great! She was very well prepared at my malpractice deposition so much I think that is why the people we were suing decided to settle out of court.”- Brian T.
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“Tim was extremely professional, kind and compassionate and helped me navigate the tricky legal situation I was faced with living out of state.”- Dale S.
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“Chuck is hands down the best attorney. He was so kind and thoughtful throughout the whole process. The communication was amazing, and we couldn’t have asked for a better guy to be in our corner.”- Cassie G.

Meet Our Attorneys
As powerful advocates for civil justice, we fight tirelessly for our clients, winning high-stakes, complex cases, where our team’s expertise and unmatched skills make all the difference.
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Susan A. Faunce Attorney, Shareholder
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Michael T. Bigos Attorney, Shareholder
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Travis M. Brennan Attorney, Shareholder
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Timothy M. Kenlan Attorney, Shareholder
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Elizabeth A. Kayatta Attorney, Shareholder
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Charles P. Hehmeyer Attorney, Shareholder
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Craig A. Bramley Attorney, Shareholder
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Christopher C. Boots Attorney
