Birth Injuries


“Our experience has allowed us to recover over $32 million for families harmed by the negligent acts of doctors during child birth.” Partner, Jason Kobin


Essner & Kobin, LLP has been successful in obtaining multimillion dollar verdicts and settlements for infants and families that have been seriously injured during birth:

Birth Injury Verdicts & Settlements

  • $13,000,000.00 for a child in a medical malpractice case who suffered hypoxia during delivery resulting in brain damage
  • $11,000,000.00 recovery for an infant in a medical malpractice case who suffered hypoxia during delivery resulting in brain damage
  • $10,000,000.00 recovery for an infant in a medical malpractice case who suffered hypoxia during delivery resulting in cerebral palsy

Can I Sue For My Child’s Brain Injury?

What is Cerebral Palsy?

Cerebral Palsy is birth injury damage caused to a child’s brain due to physical trauma or insufficient oxygen. It is possible that a baby’s Cerebral Palsy may be the result of a preventable birth injury one of the following occurred during your pregnancy or child’s birth: a difficult or premature delivery, breech birth, low amniotic fluid, a twisted umbilical cord, undetected or improper pregnancy dating, a baby too large for its gestational age, or failure to perform a cesarean section even though your baby was in fetal distress. Cerebral Palsy is a permanent condition usually requiring a lifetime of medical and nursing care. Cerebral Palsy affects the nerves which control the child’s body. What makes these cases so tragic is that many of these conditions could have been avoided if the proper standards of medical care had been followed.

A child suffering from Cerebral Palsy may experience the following complications:

  • Muscle spasm
  • Mental retardation
  • Speech difficulty
  • Impairment of fine motor skills which affects walking, moving arms and legs
  • Impairment of gross motor skills likely to affect grasping of objects
  • Loss of muscle control

Failure to Monitor the Fetal Heart Can Cause Cerebral Palsy

Every treating obstetrician is required to monitor the status of the baby’s heart through vaginal examination during delivery. This helps to understand the progress of the labor and the well being of the baby. If the baby is improperly positioned during the delivery process the baby’s heart beat will indicate that immediate medical action, like a C-section, is needed. Failure to regularly monitor a baby’s heart beat can cause a delay in taking action which can deprive the baby of oxygen and cause complications like Cerebral Palsy.

Misuse of medication during delivery can result in Cerebral Palsy

An overdose of certain medications during the birth process can cause breathing problems in the mother and thus affect the oxygen supply to the fetus. It is the duty of a treating physician to ensure that the fetus maintains the right pH and oxygen levels during the child birth process. Failure to get this right can cause Cerebral Palsy.

Physical Trauma During Child Birth Can Result in Cerebral Palsy

Vacuum Extractors or forceps are used in difficult deliveries but when these tools are used improperly they can harm the soft tissues of the infant’s skull resulting in damage and bleeding in the infant’s brain. When the treating obstetrician fails to prevent the above or is ignorant of certain medical complications arising during child birth it results in Cerebral Palsy or Erbs palsy in the child.

We have won over $32,000,000 for families suffering from the consequences of a doctor’s negligence during child birth. We’re one of the best New York Cerebral Palsy law firms and we’re ready for fight for you. In N.Y. State there is a limited amount of time in which you can file a claim. It is important that you speak with an experienced Erbs/Cerebral Palsy attorney as soon as you suspect your child has been affected.

Call us at (212) 750-4949 to speak with an attorney today. There is no obligation, our consultation is free, and you don’t pay us anything unless we win.

No Fee Unless
We Win Your Personal Injury Case

Get A Call Today!

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.