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Birth Injuries in Kirkwood

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About Carlson Bier Associates

Are you seeking justice for a birth injury suffered by your precious newborn in Kirkwood, Illinois? At Carlson Bier we uphold every family’s right to receive just compensation for these avoidable incidents. Our seasoned team of birth injuries attorneys are committed to providing thorough legal representation with power, purpose and persistence. We have accumulated years of comprehensive experience and an impressive track record in obtaining successful outcomes nationwide. Having mastered the complex Illinois laws surrounding medical malpractice claims related to birth injuries, we stand firmly behind affected families guiding them towards justice. Our solid reputation has been built on our profound commitment to client-care service rooted deeply within each case championed by us at Carlson Bier law firm. Birth injuries can be tremendously distressing but rest assured; With us as your vigilants guiding you through these tumultuous times- acknowledging your concerns while tirelessly striving towards securing impactful compensation is what sets us apart from others. For uncompromising help when needed most call upon the expertise that propels – “Carlson Bier”.

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About Carlson Bier

Birth Injuries Lawyers in Kirkwood Illinois

At Carlson Bier, we are unwavering advocates for individuals and families grappling with the life-altering effects of birth injuries. As a preeminent Illinois-based personal injury law firm, we are fully invested in protecting your rights while seeking out justice and fair compensation.

Birth injuries can take place during pregnancy, labor, delivery or immediately after birth. These may result from medical malpractice such as improper use of medical equipment, failure to perform required tests or detect complications during pregnancy and childbirth constraints leading to oxygen deficiency. They can also be due to negligence in managing high-risk pregnancies or unsuitable response to murder emergencies such as maternal infection or fetal distress.

Some of the common types of birth injuries include Cerebral Palsy, Brachial Plexus Injuries (Erb’s Palsy), Hypoxic-Ischemic Encephalopathy (HIE), bone fractures, spinal cord injuries, among others. Each type holds its unique challenges and repercussions on an infant’s health:

• Cerebral Palsy: This affects body movement and muscle coordination causing physical disability.

• Erb’s Palsy: Characterized by weakness or loss of motion in the arm due to nerve damage.

• Hypoxic-Ischemic Encephalopathy (HIE): Happens when an infant’s brain doesn’t receive enough oxygen which could lead developmental delays, epilepsy and cerebral palsy.

• Bone Fractures: Though rare but clavicle fractures are commonly found especially during difficult deliveries mostly heal on their own.

• Spinal Cord Injuries: These severe damages could potentially cause death or lifelong paralysis followed by a range intellectual, emotional and social difficulties.

The impact that these injuries have goes beyond just physical discomfort; they introduce a host of lifelong challenges not only for the child but also for their immediate family members who often bear the brunt emotionally as well financially. From therapeutic interventions, assistive devices, to long-term medical care, the financial toll of these injuries can add up quickly and unexpectedly.

The legal team at Carlson Bier believes that no family should be left to shoulder alone such a tremendous burden especially if the injury was due to someone else’s negligence or malpractice. Armed with deep understanding of birth injuries law in Illinois, our attorneys work diligently to establish liability and quantify the damages correctly. We are committed to securing maximum compensation for your child’s past, current and future medical costs along with other related expenses.

We understand just how emotionally charged this situation can be; thus handling each case sensitively while ensuring justice is served remains our utmost priority. Our lawyers remain at your disposal even beyond normal working hours till you get what you rightfully deserve.

At Carlon Bier, we strive to make the complex legal journey easier for you by assisting in gathering necessary evidence including medical records and expert testimonials. Considering every lawsuit has a predetermined statute limitation period under Illinois law, it is paramount that you start legal proceedings as soon as possible after discovery of injury.

Our initial consultation service is absolutely free where we provide preliminary evaluation on viability of your claim without any obligation on your part unless recovery is made from successful verdicts or settlements.

Knowing whether or not you have a strong case can help lessen some anxiety around the process, empowering you through knowledge about the worthiness of your case based on preceding litigation results in similar circumstances within Illinois jurisdiction boundaries.

Narrowing down all available facts into a single page isn’t achievable hence clicking on the button below will give further insights on historical cases comparative studies and calculation methods used among others gauging potential recovery values before taking an informed decision on pursuing litigations against parties involved in causing harm to an innocent life entrusted under their care.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Birth Injuries FAQ

The most common birth injuries include:

  • Cerebral palsy: This is a group of disorders that affect movement and coordination.
  • Erb’s palsy: This is a nerve injury that can cause weakness or paralysis in the arm and hand.
  • Brachial plexus palsy: This is a group of nerve injuries that can cause weakness or paralysis in the arm, shoulder, and hand.
  • Spinal cord injuries: These injuries can cause paralysis or weakness below the waist.
  • Traumatic brain injuries: These injuries can cause a variety of physical, cognitive, and emotional problems.

Birth injuries can be caused by a variety of factors, including:

  • Medical malpractice: This can include mistakes made by doctors during pregnancy, labor, or delivery.
  • Oxygen deprivation: This can occur if the baby does not get enough oxygen during pregnancy or labor.
  • Physical trauma: This can occur if the baby is injured during labor or delivery.
  • Birth defects: Some birth injuries are caused by birth defects.

The signs and symptoms of a birth injury can vary depending on the severity of the injury. However, some common signs and symptoms include:

  • Weakness or paralysis: This may be in one or more limbs.
  • Seizures
  • Breathing problems
  • Feeding problems
  • Developmental delays
  • Learning disabilities

The treatment options for birth injuries will vary depending on the severity of the injury. However, some common treatment options include:

  • Surgery
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Medications
  • Supportive care

Yes, you may be able to file a lawsuit if your child was injured due to medical malpractice or another factor. A birth injury lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Kirkwood

Areas of Practice in Kirkwood

Cycling Accidents

Expert in legal services for clients injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Scald Wounds

Supplying skilled legal advice for patients of serious burn injuries caused by accidents or carelessness.

Physician Carelessness

Offering expert legal services for clients affected by clinical malpractice, including misdiagnosis.

Merchandise Obligation

Managing cases involving dangerous products, supplying adept legal services to individuals affected by faulty goods.

Elder Malpractice

Representing the rights of nursing home residents who have been subjected to malpractice in nursing homes environments, ensuring compensation.

Slip and Trip Mishaps

Adept in tackling stumble accident cases, providing legal assistance to individuals seeking compensation for their damages.

Birth Harms

Offering legal help for households affected by medical misconduct resulting in birth injuries.

Automobile Accidents

Incidents: Concentrated on aiding patients of car accidents get equitable payout for damages and impairment.

Motorcycle Accidents

Dedicated to providing legal advice for individuals involved in motorbike accidents, ensuring justice for harm.

18-Wheeler Collision

Providing professional legal assistance for persons involved in trucking accidents, focusing on securing adequate compensation for losses.

Worksite Collisions

Concentrated on supporting workers or bystanders injured in construction site accidents due to oversights or carelessness.

Brain Impairments

Focused on offering expert legal services for individuals suffering from brain injuries due to accidents.

K9 Assault Traumas

Expertise in handling cases for clients who have suffered traumas from dog bites or animal assaults.

Foot-traveler Incidents

Specializing in legal advocacy for cross-walkers involved in accidents, providing expert advice for recovering damages.

Unfair Passing

Standing up for relatives affected by a wrongful death, supplying sensitive and skilled legal representation to ensure redress.

Vertebral Impairment

Focused on supporting persons with backbone trauma, offering professional legal assistance to secure redress.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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