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Birth Injuries in Elmhurst

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

At Carlson Bier, we’re more than just lawyers; we are advocates fiercely dedicated to helping families navigate the complex world of birth injury law. Our team has earned a distinctive reputation in Elmhurst area for our steadfast dedication and commitment to clients dealing with this highly specialized field. Birth injuries can have lasting impacts on a child’s health and development, taking a tremendous emotional and financial toll on families. Thus, having an accomplished law firm like Carlson Bier by your side ensures that you receive qualified guidance every step of the way. Our legal team is skilled in handling intricate medical malpractice cases related specifically to birth injuries. We thoroughly investigate each case, ensuring nothing is overlooked when building strong claimsfor compensation deserved by our clients due to negligent prenatal care or delivery involved scenarios.So if you need dependable legal assistance relating to birth injuries matters within Elmhurst jurisdiction, trust in the professional expertise offered at Carlson Bier – because here,every client’s needsare paramount,and quality representationguaranteed!

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Elmhurst Illinois

At Carlson Bier, we understand the emotional turmoil and uncertainty that grips a family when their child becomes a victim of birth injury. Recognized throughout Illinois for our compassionate representation yet aggressive pursuit of justice, we prioritize your peace of mind and fiercely safeguard your rights. Birth injuries can vary in severity from minor to critically damaging or life-threatening conditions. They are predominantly caused due to medical negligence during prenatal care or child delivery procedure.

Educating yourself about specific types of birth injuries aids in understanding what has occurred, why it has happened and how it deviates from standard protocol. We discuss below four common types:

• Cerebral Palsy: A condition attributed primarily to brain damage either during pregnancy, labor or shortly after birth. Symptoms may only become noticeable as your infant grows older.

• Brachial Plexus: Injury to the brachial plexus nerves particularly during difficult deliveries can result in limb weakness or paralysis.

• Hypoxic Ischemic Encephalopathy (HIE): HIE is brain dysfunction caused by an inadequate supply of oxygen and involves ominous symptoms such as low heart rate, poor muscle tone, weak reflexes etc.

• Caput Succedaneum: Often resulting from vacuum extraction deliveries or stressful birthing procedures like prolonged labor, caput succedaneum refers to significant swelling on the baby’s scalp.

Given these details paint a stark picture of the profound impact on lives involved, familiarity with how such instances occur extends hope not just through awareness but also lawful remediation. Medical professionals who fail to adhere to established standards and safeguards during pre-natal monitoring or childbirth contribute unavoidably toward these tragic circumstances. It could be through an incorrect diagnosis in early stages of pregnancy thereby delaying necessary treatments; misuse of surgical tools during delivery leading potentially towards severe damage; sub-standard postnatal care that fails detecting evident distress signals both in mother and child.

In identifying whether you have grounds for a lawsuit based upon birth injury, various factors need to be considered:

• Proof of Negligence: The healthcare provider failed in delivering competent care.

• Causation Link: Identifying the direct link between this negligence and the resultant infant’s injury.

• Requirement for Damages: Determining whether ongoing treatment and rehabilitation costs, pain and suffering, loss of earning potential etc., are warranted.

Roping in an experienced law firm like Carlson Bier can make all the difference. Our skilled team conducts meticulous investigations from consulting medical experts for case reviews to understanding detailed hospital records as we help you unravel complex criteria leading towards successful compensation claim.

Working with proficient attorneys assures personal attention every step of the way so no significant detail is overlooked while helping you recover financial stability that might have been rocked due to these unfortunate circumstances. We follow a “no win – no fee” approach meaning we only get paid upon successfully securing your settlement – symbol of our confidence and competency in supporting families grappling with such devastating situations.

As daunting as it seems navigating your way through legal complexities alone while dealing with emotional distress reflects why adequate legal support becomes indispensable. Don’t let fear stall action; thereby failing justice to those innocent lives impacted irrevocably by someone else’s negligence.

We urge you now to click on the button below; find out what could potentially be worth pursuing institutionally within legally permissible parameters instead of leaving it upto fate or mere circumstantial evidence. Transform this journey from unending despair into a beacon of hope through Carlson Bier’s professional expertise honed over years representing countless victims just like yourself fight these battles valiantly resulted birth injuries across Illinois.

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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 Elmhurst

Areas of Practice in Elmhurst

Bicycle Crashes

Dedicated to legal advocacy for clients injured in bicycle accidents due to others' lack of care or hazardous conditions.

Burn Traumas

Offering specialist legal support for sufferers of intense burn injuries caused by incidents or misconduct.

Physician Malpractice

Ensuring specialist legal representation for patients affected by clinical malpractice, including surgical errors.

Commodities Liability

Managing cases involving unsafe products, delivering specialist legal help to clients affected by product-related injuries.

Nursing Home Misconduct

Protecting the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring justice.

Stumble & Slip Injuries

Professional in dealing with trip accident cases, providing legal advice to persons seeking recovery for their injuries.

Childbirth Injuries

Delivering legal help for families affected by medical negligence resulting in birth injuries.

Car Crashes

Incidents: Committed to supporting sufferers of car accidents gain fair compensation for hurts and impairment.

Motorcycle Mishaps

Specializing in providing legal support for bikers involved in bike accidents, ensuring justice for traumas.

Truck Mishap

Extending expert legal advice for victims involved in trucking accidents, focusing on securing just claims for hurts.

Worksite Incidents

Committed to representing employees or bystanders injured in construction site accidents due to oversights or carelessness.

Cerebral Injuries

Expert in delivering professional legal services for victims suffering from head injuries due to negligence.

Dog Attack Injuries

Expertise in tackling cases for victims who have suffered traumas from K9 assaults or wildlife encounters.

Jogger Incidents

Committed to legal assistance for cross-walkers involved in accidents, providing effective representation for recovering compensation.

Unjust Passing

Working for relatives affected by a wrongful death, delivering caring and skilled legal services to ensure compensation.

Neural Harm

Committed to representing victims with spinal cord injuries, offering dedicated legal support to secure compensation.

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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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