Award-Winning Chicago Personal Injury Lawyer - Securing Justice
for Illinois Injury Victims - Over $450 Million Recovered
At Rosenfeld Injury Lawyers, we know that nothing is more devastating than discovering your child has suffered preventable harm during the birthing process. As a Chicago birth injury lawyer team with decades of experience, we represent families across the city whose newborns were injured due to medical malpractice, medical negligence, or unsafe hospital procedures.
Our goal is to hold negligent medical professionals accountable, secure the resources needed for your child’s ongoing medical treatment, and protect your child’s future. From cerebral palsy linked to oxygen deprivation to brachial plexus injuries caused by shoulder dystocia, we have handled numerous birth injury cases involving both the mother and the child.
We understand the complexity of the legal process in birth injury litigation, and we fight for fair compensation so families can focus on caring for their child instead of worrying about medical bills or lost income. If you believe your child’s birth injury could have been avoided with proper medical care, contact us today for a free consultation to learn how we can help.
Our Chicago medical malpractice lawyers have recovered millions for families devastated by preventable birth injuries. These results show the range of outcomes in birth injury litigation when medical negligence causes life-altering harm.
$20,300,000 – Cerebral Palsy & Brain Injury
When baby Sophia was delivered at a major Chicago hospital, delays in recognizing reduced oxygen supply during labor resulted in CP and significant cognitive impairment. Her parents alleged that the attending OB-GYN and nursing staff ignored abnormal fetal monitoring strips. The case’s high value reflected Sophia’s need for lifelong medical care, therapy, and adaptive equipment.
$18,355,000 – Fetal Distress
Ethan’s mother arrived at a South Side hospital showing clear signs of fetal distress, yet the care team waited hours to induce labor. Ethan was born with severe neurological damage. Expert testimony showing the harm could have been prevented with timely intervention played a major role in the recovery.
$16,433,000 – Low Oxygen Levels During Delivery
At a Chicago birthing center, Olivia suffered prolonged oxygen deprivation during delivery, leading to permanent brain damage. The case focused on the failure to perform an emergency C-section despite multiple warnings from fetal monitoring devices. The award accounted for extensive future medical expenses and round-the-clock care.
$11,000,000 – Missed Genetic Testing
Noah’s parents learned too late that both carried genetic markers for a severe cognitive disorder. Their Chicago-area physician failed to recommend genetic testing despite red flags in the prenatal care records. The settlement covered Noah’s projected lifetime care costs, special education, and home modifications.
$6,140,000 – Ataxic Cerebral Palsy
Born at a suburban Chicago hospital, Liam was later diagnosed with ataxic CP. The defense attempted to argue parental neglect, but expert medical reviews showed the baby’s brain injury was caused by mismanaged labor. The case value reflected the ongoing therapies and mobility aids Liam will need.
$5,000,000 – Brachial Plexus Injuries
Ella suffered injuries to the brachial plexus when shoulder dystocia occurred during delivery at a Chicago medical center. The OB-GYN used excessive force rather than recommended maneuvers, causing permanent nerve damage that required multiple surgeries. The award considered her reduced arm function for life.
$3,000,000 – Stillbirth
Jackson was stillborn after hospital staff failed to recognize and respond to fetal distress during an emergency room visit. The Chicago family’s recovery reflected not only the profound emotional loss but also the clear breach of standard obstetric care.
Families coping with the devastating effects of birth injuries deserve a legal team with the skill, resources, and proven record to secure justice. At Rosenfeld Injury Lawyers, we are proud to be recognized among the best Chicago birth injury attorneys, with decades of experience handling complex medical malpractice and birth injury litigation. Our clients choose us because we offer:
When you work with us, you gain a team that combines legal skill, extensive knowledge, and a relentless drive to hold negligent healthcare professionals accountable. We approach every birth injury claim as if it were our own family’s fight for justice.
At Rosenfeld Injury Lawyers, we represent families in complex birth injury cases involving medical negligence during pregnancy, labor, delivery, and the postpartum period. These cases often require extensive review of medical records, collaboration with medical experts, and an in-depth understanding of both state medical malpractice laws and the long-term impact on the child’s future and the mother’s health.
When a child suffers due to preventable mistakes in prenatal care, labor monitoring, or delivery techniques, the consequences can lead to lifelong challenges. We handle birth injury cases involving:
Our medical malpractice lawyers also advocate for women who suffer serious complications due to negligence in pregnancy and childbirth. Common maternal cases we handle include:
While some birth injuries happen despite proper medical care, many occur because medical staff fail to meet the standard of care. As birth injury lawyers, we investigate not only what injury happened, but why it happened and whether it could have been avoided if the proper steps had been taken. We often handle birth injury cases caused by:
When we take on a birth injury case, we fight to recover every type of damage available under Illinois law. Damages in these cases often include:
Each case is different, and the damages we pursue depend on the injury’s severity, the medical needs involved, and the impact on the child’s life.
The median payout for a birth injury in Chicago is approximately $12,500,000, while the average payout is about $22,228,004. Settlements and verdicts can range between $400,000 and exceed $100,000,000.
The amount in any given case depends on specific circumstances, such as:
$97 Million Recovery
Gerald was born at West Suburban Medical Center in Oak Park after his mother experienced complications, including preeclampsia and suspected fetal distress. Multiple providers failed to act promptly, leading to reduced oxygen supply during delivery.
Gerald suffered hypoxic brain injury, resulting in cerebral palsy, quadriplegia, and the need for lifelong, around-the-clock care. The jury awarded over $100 million, with a post-verdict settlement bringing the total recovery to $97 million.
$7.95 Million Jury Award
Hannah was delivered at the University of Chicago Medical Center after an attempted internal podalic version caused significant trauma. She suffered brain bleeding, shoulder injuries, and hypoxia, ultimately leading to mild CP and lifelong physical and cognitive challenges.
The jury found negligence in the delivery process and awarded nearly $8 million for her future medical care, pain and suffering, and reduced quality of life.
$40 Million Jury Verdict
Kiera was born at Sarah Bush Lincoln Health Center following prolonged labor complicated by placental abruption and fetal distress. Delayed intervention caused severe oxygen deprivation, leading to CP and cognitive impairment.
Despite her physical stability, Kiera will require continuous support and will never be able to live independently. The jury awarded $40 million for medical care, lost earnings, and future suffering.
$3 Million Settlement
Tonisha Harvey, a teacher, died from preeclampsia complications at Ingalls Memorial Hospital along with her unborn daughter, Madison. Her care team failed to diagnose and treat her condition in time. The wrongful death settlement for her estate was $3 million.
$2.9 Million Verdict
Catrina Kelly was stillborn at Weiss Memorial Hospital in Chicago after her mother’s uterus ruptured during labor. Allegations centered on the failure to recognize and respond to signs of uterine rupture and fetal distress. The jury awarded $2.9 million for wrongful death damages, including loss of society and mental anguish.
$2 Million Verdict
A mother undergoing an elective labor induction at Saint Anthony Hospital in Chicago experienced complications during delivery. The infant, Oladosoyin Lawoyin, suffered a permanent injury to the right brachial plexus affecting her arm and shoulder function.
The family alleged that the doctor failed to recognize and manage shoulder dystocia appropriately, using excessive traction during delivery. The jury awarded $2 million for medical expenses, future care, lost earnings capacity, and pain and suffering.
$625,000 Settlement
Sophia Montoya was born at Swedish Covenant Hospital in Chicago after her mother experienced placental abruption. Plaintiffs alleged that delays in ordering a C-section and failure to provide a needed blood transfusion—based on an incorrect assumption about religious restrictions—caused severe lack of oxygen, leading to brain injury and eventual death eight days later. The case settled for $625,000, with contributions from both the doctor and hospital.
$400,000 Settlement
Alexa Fiocca died at Northwestern Memorial Hospital in Chicago from a brain hemorrhage following vacuum extraction during delivery. Plaintiffs claimed that excessive force was used and that delays in beginning the delivery contributed to the injury. Northwestern settled for $400,000 before trial, while claims against the delivering physician and her practice remain pending.
Birth injury cases are among the most complex types of medical malpractice claims. Hospitals, doctors, and their insurance companies have vast resources dedicated to fighting these cases — and they rarely admit fault without a strong legal battle. That’s where we come in.
We know what it takes to build a winning claim in Cook County and throughout Illinois. Our role goes far beyond filing paperwork. We:
When a child’s future is on the line, the stakes are too high to go it alone. We’re here to give your case the experience, resources, and relentless advocacy it deserves.
Birth injury statistics from the Chicago Department of Public Health (CDPH) show that 116 women in the city died during pregnancy or within a year of giving birth, representing a pregnancy-related mortality rate of 48.6 per 100,000 live births.
A significant majority—78% of these deaths—happened after childbirth, with 28% occurring within the first six weeks and another 50% taking place more than 42 days postpartum.
Across Illinois in 2020, there were 737 infant deaths. Of these, 37 were linked to placental, umbilical cord, or membrane complications—conditions that are sometimes tied to missed warning signs or delayed cesarean deliveries. Bacterial sepsis caused 24 newborn deaths, highlighting possible failures in infection prevention or timely diagnosis.
Per birth trauma rate data, intrauterine hypoxia and birth asphyxia—conditions often connected to labor and delivery issues—were responsible for 14 deaths, while neonatal hemorrhage, frequently associated with premature or difficult births, led to 12 deaths.
Birth injury claims in Chicago are governed by the Illinois Code of Civil Procedure (735 ILCS 5/2‑622), which sets forth the requirements for filing a malpractice claim, including the need for a certificate of merit from a qualified healthcare professional. This sets the rules for proving negligence by healthcare providers, including doctors, nurses, and hospitals.
Plaintiffs must show that the medical professionals failed to meet the accepted standard of care during pregnancy, labor, delivery, or postpartum treatment, and that this failure caused harm to the mother or baby.
These cases are also shaped by the Illinois Wrongful Death Act (740 ILCS 180/) if the injury results in the death of the child or mother, and the Illinois Survival Act for damages the injured person could have claimed if they had survived.
In situations where more than one party shares blame—such as both a doctor and hospital—Illinois’ Joint Tortfeasor Contribution Act (740 ILCS 100/) may apply, allowing liability to be divided among defendants.
The Illinois medical malpractice statute of limitations allows two years from the date the injury was discovered (or reasonably should have been discovered) to file a legal claim. However, there is also a statute of repose—an absolute deadline of four years from the date of the alleged malpractice—regardless of when the injury was discovered.
For cases involving minors, the birth injury statute of limitations is different. Under 735 ILCS 5/13-212, a lawsuit can be filed up until eight years after the malpractice occurred, but it cannot be filed after the child’s 22nd birthday.
Wrongful death claims related to birth injuries must be filed within two years of the date of death. Missing these deadlines almost always means losing the right to seek compensation, no matter how strong the case might be.
When a child or mother suffers harm during pregnancy, labor, or delivery, more than one party may be legally responsible. Liability in a birth injury case depends on proving that the harm was caused by negligence or wrongful actions. We investigate every angle to identify all potential defendants, which may include:
Our role is to gather the evidence necessary to hold every responsible party accountable so that families can recover full compensation.
Hospitals and insurance companies often fight birth injury claims aggressively. We know the tactics they use and prepare to counter them from day one. Some common defenses include:
We anticipate these strategies and prepare thorough medical and legal arguments to protect our clients’ rights.
The strength of a birth injury claim depends on how quickly and thoroughly the case is built. We take immediate action to preserve evidence, protect your rights, and set the case up for success. Steps that help strengthen a claim include:
By combining medical expertise with legal strategy, we build the strongest possible foundation for our clients’ cases.
Navigating a birth injury claim on your own is overwhelming, especially when dealing with the emotional and financial stress of a serious injury. Our Chicago birth injury lawyers handle every aspect of the process so families can focus on care and healing. We can:
Our experience, resources, and commitment mean we are ready to fight for the best possible outcome in every case we take.
Many birth injuries can be prevented with proper prenatal care, careful monitoring during labor, and quick medical intervention when complications arise. Preventability often depends on whether medical professionals followed accepted standards of care.
CP is one of the most frequently reported long-term conditions caused by birth injuries, often linked to being deprived of oxygen or trauma to the baby’s brain during delivery. Birth injury statistics reveal it affects thousands of children in the U.S. each year.
Being deprived of oxygen, untreated infections, head trauma during delivery, and complications such as prolonged labor are among the leading causes of brain damage in newborns.
Spinal cord injuries during birth can affect both newborns and mothers.
For newborns, these injuries often result from excessive force during delivery, improper use of tools like forceps or vacuum extractors, or complications such as breech presentation, where the baby is delivered feet-first.
For mothers, spinal cord injuries may occur due to errors in administering epidural or spinal anesthesia, prolonged or improper positioning during labor, traumatic delivery maneuvers, or surgical complications during a C-section.
Yes, if labor induction was improperly performed or unnecessary, and it directly caused harm to the mother or baby, a legal claim may be possible. This includes cases where medications like Pitocin were administered in excessive amounts, too quickly, or without proper monitoring, leading to complications such as uterine rupture, fetal distress, or being deprived of oxygen.
If understaffing led to delays in care, missed warning signs, or inadequate monitoring that caused injury, the hospital may be held responsible in a birth injury lawsuit.
If the absence of a neonatologist resulted in delayed or inadequate treatment for a newborn in distress, this could be grounds for a medical malpractice lawsuit.
Failure to properly track and respond to abnormal fetal heart rate patterns is a common cause of preventable birth injuries and may support a medical malpractice case.
Records from prenatal visits, labor and delivery notes, fetal monitoring strips, imaging results, and postnatal treatment documentation are essential for building a strong birth injury claim.
If the injury resulted from a deviation from accepted medical standards, it is generally considered malpractice under Illinois law.
Birth defects are typically caused by genetic or developmental factors before birth, while birth trauma results from injuries sustained during labor or delivery.
Birth injury lawsuits can take months to several years, depending on the complexity, the severity of injuries, and whether the case goes to trial.
In Illinois and across the U.S., there are several programs and resources available to help families, whether the birth injury affected the child, the mother, or both. Available resources include:
Our birth injury attorneys in Chicago work on a contingency fee basis, meaning you pay no legal fees unless your case is won or settled.
If you or your child suffered a birth injury in Chicago, the consequences can be overwhelming—physically, emotionally, and financially. You do not have to navigate this alone. Our legal team is here to help you understand your rights, investigate what happened, and pursue the full compensation you deserve. We have the experience, resources, and determination needed to handle complex medical malpractice cases, holding negligent medical professionals and facilities accountable.
We work on a contingency fee basis, meaning you pay no upfront costs and no attorney fees unless we win your case. The sooner you reach out, the sooner we can secure critical evidence, consult with top medical experts, and protect your claim within Illinois’ statute of limitations.
Contact us today for a free, confidential consultation with a Chicago personal injury lawyer who will fight for you and your family every step of the way.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Elgin, Peoria , Rockford and throughout Illinois.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.