Maximizing Compensation in Birth Injury Claims

The recovery of financial compensation is the end result of a successful birth injury or medical malpractice case, helping injured patients and families who have lost loved ones begin the process of rebuilding. It also serves to bring at-fault parties to justice for their negligence or wrongdoing. At the Law Firm of Michael H. Bereston, we are proud of the results we have been able to achieve through our 30 years in practice. We have recovered a number of multi-million-dollar settlements for our clients, including over $26.5 million recovered over 4 recent birth injury cases, and $2.5 million in a recent medical malpractice case.

Continue reading to review our case results, or call our office at (410) 220-6581 to discuss your unique claim.

These cases required a detailed investigation and review by experts in collaboration with Mr. Bereston and his staff. The outcomes of these cases involve confidential settlements which prevent disclosure of the identity of the parties and publication of the monetary amount.

Special Needs Trust

All of our birth injury recoveries result in the formation of a court-approved special needs trust with a trustee assigned to protect the net assets recovered on behalf of the disabled child. The trust is solely for the benefit of the injured baby and provides protection for the baby’s funds.

*Our prior case results are no guarantee of future results. Every case we handle is unique and must be judged on its own merits.

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  • Confidential Settlement

    Premature Delivery for Vacation Seeking Physician Leads to Cerebral Palsy in Baby

    Premature birth can lead to cerebral palsy in an infant. In this case, to start labor, the obstetrician intentionally ruptured the membranes (broke the water) of our pregnant mom, who was not in labor and carrying a baby that was still premature. All healthcare providers know that delivering babies before Mom’s due date is not recommended unless there is a health related emergency. The doctor was leaving for vacation and wanted to deliver the baby before leaving. The mom trusted the doctor’s recommendation and the doctor broke mom’s water. Mom delivered a premature baby and the baby developed cerebral palsy from being born early. This firm represented the baby and obtained a settlement to aid in the future care of the baby.

  • Confidential Settlement

    Premature Rupture of Membranes Leads to Umbilical Cord Occlusion and Lack of Oxygen to Baby

    The umbilical cord carries oxygen and nutrients from the placenta to the baby during pregnancy. In this case, the amniotic sac (bag of waters) broke prematurely and continued to leak until there was no fluid left (oligohydramnios). The amniotic sac (bag of waters) helps to keep the umbilical cord from kinking by allowing it to float in the fluid. Once the bag of waters is broken, and the fluid leaks out, the umbilical cord can no longer float freely. When the bag of waters breaks prematurely, healthcare providers must remain vigilant to assure the umbilical cord is not kinked as the fluid continues to leak. When the healthcare providers did not respond to no fluid and a kinked umbilical cord, this prevented the umbilical cord from providing oxygen and nutrients to the baby which caused cerebral palsy in the baby. After extensive litigation, Mr. Bereston and his staff obtained a settlement for this family to meet the child’s future lifetime needs.

  • Confidential Settlement

    Delayed Transfer of Bleeding Mom with Known Placenta Previa Causes Cerebral Palsy

    When the placenta is not positioned right in mom it can create a dangerous life-threatening condition for both mom and baby. In this case, the mother presented to the hospital bleeding profusely because of the placement of her placenta (placenta previa). Both the mother and the baby almost died from extensive blood loss because the obstetrician and nurses failed to transfer mom and baby in time to prevent harm from the severe blood loss. The baby suffered from lack of oxygen as a result of mom’s severe blood loss and has been diagnosed with cerebral palsy. Mr. Bereston and his staff fought for this mom and baby successfully obtaining a settlement that provides needed resources to take care of the child for the rest of his life.

  • Confidential Settlement

    Lack of Fetal Monitoring of a Breech Infant with Ruptured Bag of Waters Leads to Cerebral Palsy

    In this case, our mom was admitted into labor and delivery with several conditions requiring a higher level of care. Most babies are delivered vaginally and are cephalic or vertex (head first). Babies who are breech (butt first or feet first) have added risks due to their malpositioning in the birth canal. Mom’s amniotic sac (bag of waters) was ruptured and her baby was in a breech position. The hospital had a policy in place requiring fetal monitoring and a higher level of care due to the added risk factors of breech baby and ruptured bag of waters. However, limited fetal monitoring was done and the mother was not kept in labor and delivery but was instead moved to a lower care level unit. Unfortunately, because there was no continuous fetal monitoring, the struggling and suffering of this baby from lack of oxygen went unnoticed and untreated until the baby was already injured. This little girl has been diagnosed with cerebral palsy, cannot walk or talk, and has a feeding tube. Mr. Bereston and his staff recovered sufficient funds for this family to take care of baby’s needs for life.

  • Confidential Settlement

    Induction of Labor, Pitocin Overdose Results in Cerebral Palsy

    When contractions last too long, are too close together and/or too strong (known as hyperstimulation or tachysystole), it can prevent the baby from receiving adequate oxygen. In this case, the doctor overstimulated mom’s labor with a medicine, Pitocin, preventing the baby from receiving adequate oxygen. Labor induction is an artificial start of contractions via mechanical or medication methods. Pitocin is a medication frequently used to induce or augment labor. There are risks associated with the use of Pitocin including overstimulating the uterus resulting in contractions that are too long, too close together and too strong. Contractions such as these do not allow time for the baby to receive all the oxygen and nutrients it requires. In this case, the healthcare providers continued to increase the Pitocin to dangerous levels resulting in a lack of oxygen to the baby. Sadly, the baby was born with severe breathing problems due to the lack of oxygen. Total body cooling was done in an attempt to lessen the damage done to her brain. Unfortunately, the damage was overwhelming and the baby was diagnosed with cerebral palsy. Mr. Bereston and his team of legal and medical experts secured a settlement to assure this family, a lifetime of benefits for the child.

  • Confidential Settlement

    Midwife Delivery Resulting in Severe Traumatic Birth Injury to Baby

    High risk pregnancies require an obstetrician or a maternal fetal medicine physician. In this case, a mother with a high risk pregnancy was treated only by midwives, residents and students upon her arrival to the hospital and during the delivery of the baby. The midwife missed the signs of distress during labor and delivery. The medical experts determined that a cesarean section should have been done instead of the disastrous vaginal delivery that ended in severe traumatic birth injuries to the baby. The baby required admission to the Neonatal Intensive Care Unit (NICU) where he remained for months. On behalf of this family, sufficient resources were recovered to provide care for this baby for the rest of his life.

  • Confidential Settlement

    Experimental Drugs Given Without Consent Causes Brain Injury to Baby

    Giving experimental drugs without a patient’s consent is not proper. In this case, the mother had a condition known as pre-eclampsia which placed both the mom and baby at risk for seizures. Rather than give the most successful and commonly used drug to prevent seizures from pre-eclampsia, the hospital used an experimental drug without telling the mom or obtaining consent to give the experimental drug. The baby experienced a complete loss of oxygen (asphyxia) during labor in response to the experimental drug and suffered a significant brain injury. Mr. Bereston and his staff obtained a settlement which will provide for this child’s lifetime of special needs.

  • Confidential Settlement

    Macrosomia, Failure to Perform Cesarean Section Leads to Severe Brain Injury in Baby

    What happens when a baby is too big to be safely delivered vaginally? In this case, we represented a baby girl who was too big for her mother’s birth canal. Instead of delivering the baby by cesarean section, the obstetrician gave medication to induce labor. The baby experienced fetal distress and suffered a lack of oxygen. The baby’s head was severely bruised and misshapen due to the attempt at fitting through the birth canal. The trauma to the baby’s head along with the lack of oxygen led to a severe brain injury in the baby. The baby was subsequently diagnosed with cerebral palsy and could not walk or talk and required a feeding tube. Mr. Bereston and his staff secured a financial recovery to take care of the baby’s future lifetime needs.

  • Confidential Settlement

    Provider failure to correct Intermittent and unreadable fetal monitor tracings leads to baby’s severe and permanent brain injury

    What happens when electronic fetal monitor tracings needed to determine the health of the baby during labor cannot be interpreted?

    In this recently concluded case, a healthy pregnant mom with her healthy unborn baby went to the hospital to be delivered. What should have been a joyous occasion turned into a nightmare, as her baby is born with a profound and permanent devastating brain injury. The injuries to this baby occurred because the providers managing the labor failed to put in an internal fetal scalp electrode to accurately determine the fetal heart rate when the external monitor tracings were intermittent and in some cases uninterpretable. On the tracings that could be read, there was evidence that the baby was not tolerating the labor and suffered from inadequate oxygen and blood flow. Still, the providers failed to intervene to ensure an adequate tracing and ultimately perform a timely caesarian section. Had Defendants reacted to the uninterpretable monitoring strips, monitored, and intervened appropriately, the baby would be a healthy little boy. Instead, because they did not recognize and react to signs of stress, the baby is unable to walk, talk, feed himself, and will always need life-long care.

    The parties entered into a confidential settlement providing significant compensation for lifetime care and attention that was meaningful for the child and his family

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