Birth Injuries: Close up of newborn's feet after birth.

Maine Birth Injury Lawyers

Successfully representing clients in birth injury cases

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 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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Call 207-784-3576 for a free consultation.

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 billion for our injured clients.

Call 207-784-3576 for a free consultation. You pay nothing unless we win by settlement or jury verdict.

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.


Call 207-784-3576 for a free consultation and to learn more about your legal rights.

What are some of the causes of preventable birth injuries?

  • Missed signs of fetal distress, including failure to monitor heartbeat

  • A delayed cesarean (C-section)

  • Misuse of labor-inducing drugs

  • Unnecessary or improper use of forceps or vacuum extraction

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

  • Unwarranted acceleration of the birth

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

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

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 than 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.

Julian Sweet
Attorney Julian Sweet discusses the verdict in a birth injury case won by Berman & Simmons totaling $9 million dollars, the largest medical malpractice verdict ever in Maine.
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Law Articles, Cases, and/or News about Birth Injuries

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Berman & Simmons has the experience, expertise, and resources to win your case

Berman & Simmons is the leading personal injury and medical malpractice law firm in Maine. For more than 100 years, our trial attorneys have represented those who have been injured or harmed by the actions of others. These personal injury cases range from car and truck accidents to the most complex litigation involving defective products and malpractice by healthcare providers. We are known as the firm that will stand up and fight for injured Mainers in disputes against big corporations and powerful interests.