$48.5 MILLION

Truck Accident Multimillion-Dollar Settlement.

"M.A.," a 30-year-old man, was driving to work in New Mexico. Suddenly a commercial truck veered across the center line and struck his vehicle head on. M.A. died at the scene. The McNeely Stephenson firm was hired shortly after the crash to represent the family of the deceased.

our client results

Indianapolis Birth Injury Lawyer

When a family welcomes a new baby into the world, it’s usually an occasion of joy. Sadly, birth injuries – tragic results of medical mistakes – affect thousands born each year. According to the National Healthcare Quality Report of 2003, birth injuries occur in the United States at the rate of 76 per day, or 28,000 per year.

Is a birth injury the same as a birth defect?
What are some common childbirth injuries?
How do birth injuries happen?
How can an attorney help?

Is a birth injury the same as a birth defect?

No. Birth defects are conditions such as Down Syndrome, cleft palate or spina bifida – things caused by nature gone awry or, in some instances, by the mother’s heath or habits.

Birth injuries are, in most cases, caused by the failure of a doctor, nurse, or other healthcare professional to provide an acceptable standard of care.

What are some common childbirth injuries?

Included in the conditions which can result from injuries sustained during the birth process are the following:

Cerebral palsy. Cerebral palsy is caused by a brain injury. Sometimes this occurs at birth, when there is an Interruption of the oxygen supply. According to the United Cerebral Palsy Research and Educational Foundation, 20% of brain damage that results in cerebral palsy occurs during the birthing period. Cerebral palsy affects muscle control, muscle coordination, muscle tone, reflex, posture and balance. It can also impact fine motor skills, gross motor skills and oral motor functioning.

Brachial plexus injury. The brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arms and hands. A newborn can sustain brachial plexus injuries when its shoulders are forced down and its neck is forced up, sometimes during delivery or prolonged labor. A brachial plexus injury can result in the inability to use shoulder or elbow muscles, inability to move fingers, or complete lack of movement and feeling in the arm, shoulder and hand. It is estimated that brachial plexus injuries affect 2 to 5 children per 1,000 births.

Shoulder dystocia occurs when the baby’s shoulders become wedged in the birth canal. Pressure used to dislodge the baby can cause this type of brachial plexus injury.

Klumpke’s palsy is a type of brachial plexus injury that causes paralysis of the hand.

Erb’s palsy is a brachial plexus injury to the upper nerves and affects movement of the shoulder but not the fingers.

Brain damage. Anything that interferes with the delivery of oxygen to the infant can cause brain damage. Some drugs given during labor and delivery, such as Pitocin and epidural anesthesia, can cause a drop in the mother’s blood pressure, leading to oxygen deprivation for the baby. Failure to timely proceed with a C-section in the situation of an umbilical cord compression or problems with the placenta can result in lack of sufficient oxygen to the baby, leading to brain damage or developmental delays. Additionally, brain damage may be caused by inappropriate use of vacuum extractors or forceps, which cause cerebral bleeds, contusions and torn blood vessels.

Birth trauma can cause fracture of the clavicle (collarbone), long bone fracture, ruptured blood vessels, ruptured spleen, scalpel cuts, and cranial nerve and spinal cord injuries.

How do birth injuries happen?

In some instances, birth injuries are the direct result of inferior medical care, mistakes made by doctors, nurses or other healthcare providers. The causes range from failure to recognize a dangerous situation to failure to respond quickly to a dangerous situation. A birth injury can result from a lack of training or failure to abide by standard protocols.

How can an Indiana Birth Injury Attorney help?

A skilled personal injury attorney, with the assistance of experts, will be able to scrutinize the medical records and events surrounding your child’s birth to determine whether his or her birth injury resulted from medical malpractice. Success in a birth injury lawsuit rests on the ability to show that the medical provider’s actions fell below a reasonable standard of care.

The expenses of caring for a child who sustains a birth injury can be astronomical, extending over the entire course of his or her life. The CDC estimates that the lifetime cost of caring for a person with cerebral palsy is $1 million. The cost of care for a child with a brain injury can quickly drain a family’s resources. A lawsuit can provide funds which will ease this burden and guarantee adequate and effective treatment for a child who has developmental delays or physical handicaps caused by a medical mistake during labor or delivery.

real-life cases

We have won numerous multi-million dollar cases for our clients.

See examples of how we helped clients whose lives were turned upside down by reckless or negligent acts of others. We took on negligent county officials when D.H. flew over his handlebars while riding on a bridge left in disrepair for years. We brought justice to the family of of J.M. and his wife after a defective tire ended their lives. We held a drunk driver and those who served him alcohol accountable when he seriously injured B.K., who also lost three family members in a crash.

Read more examples of how we get justice and compensation for our clients.

VERDICTS & SETTLEMENTS

Attorney Mike Stephenson, Proven Advocate.

Mike Stephenson, a partner with the Indianapolis firm of McNeely Stephenson, has been successfully litigating personal injury cases in Indiana since 1981. He has the experience necessary to seek justice from the medical establishment and malpractice insurers. If you are worried about your child’s birth injury, hand the worry over to Mike Stephenson and let his firm’s resources back you up. Call 1-317-825-5200 or use our online form.

Updates
Personal Injury Lawyer
April 29, 2019 / Personal Injury
Do I Have a Legal Case if My Child Develops CTE from Sports?

Thanks largely to the research of neuropathologist Dr. Ann McKee and her team at Boston University’s CTE Center, more and more is becoming known about the connection between sports and CTE, or Chronic Traumatic Encephalopathy. This degenerative disease — caused by repeated concussions and other traumatic brain injuries (TBIs) — is definitively diagnosable only after death, but it has been linked to myriad problems in life, including anxiety...

AWARDED. CREDENTIALED. PROVEN.

Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieve

Indianapolis Law Firm

AWARDED. CREDENTIALED. PROVEN.

The AV Preeminent Rating from Martindale Hubbell is the HIGHEST RATING and considered a significant accomplishment. It is a peer-reviewed process reflecting that other attorneys rank Mike Stephenson at the highest possible level of professional excellence.

Indianapolis Law Firm

AWARDED. CREDENTIALED. PROVEN.

Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.

Indianapolis Law Firm

AWARDED. CREDENTIALED. PROVEN.

The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.

Indianapolis Law Firm

AWARDED. CREDENTIALED. PROVEN.

The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers. Membership is extended only to the select few of the most qualified attorneys. Indiana attorney Mike Stephenson is proud to be included in this national organization of top trial lawyers.

Indianapolis Law Firm

AWARDED. CREDENTIALED. PROVEN.

Our attorneys are proven advocates and trial attorneys. They have served as lead trial counsel in more than 100 civil jury trials, and have handled litigation in 18 states

Indianapolis Law Firm