Your family deserves to know the truth.

When your child’s birth injury results in permanent disability, you and your loved ones may face emotional devastation as well as significant medical and rehab expenses in order to provide your child with a better future.

Wapner Newman understands how tough and scary such times can be for families dealing with birth injuries. Our Philadelphia birth injury lawyers use all relevant resources at their disposal to help families in Pennsylvania and New Jersey get the compensation they deserve, ensuring they are able to cope with their children’s needs.

Not all birth injuries to newborns are the result of medical negligence. Most pregnancies occur without complications. However, there are instances when preventable medical errors happen during pregnancy and delivery. If your newborn has sustained birth injuries due to medical negligence, reach out to our Philadelphia birth injury lawyers to discuss your legal options.


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What Sets Us Apart

At Wapner Newman, our birth injury lawyers from Philadelphia are experienced litigators who are ready to offer you sound legal counsel and representation. Our legal team has handled high-profile medical malpractice cases and secured major victories for our clients. Not only has our reputable medical malpractice law firm been part of some of Pennsylvania’s largest settlements, but we have also ensured that we prioritize our client’s needs.

Our legal team understands the importance of building strong relationships with our clients. With an experienced lawyer like Marc G. Brecher by your side, you can rest and take care of your child, knowing that your birth injury case is in safe hands. Mr. Brecher joined Wapner Newman in 1985 and has been dealing with medical malpractice cases ever since. During his illustrious career, Mr. Brecher has secured lots of multimillion-dollar results for clients in Pennsylvania, Delaware, and New Jersey.

At Wapner Newman, we have a proven track record of successful birth injury verdicts in Pennsylvania. Our reputable birth injury lawyer, Mr. Brecher, won a $7 million settlement in a birth trauma case caused by a lack of oxygen during labor. Attorney Brecher also secured a $5 million settlement for a child who suffered birth asphyxia as a result of a delay in the diagnosis of fetal distress.

These are just a few examples of birth injury cases that our Philadelphia medical malpractice lawyers have handled. Wapner Newman’s clients have even shared their experiences and positive reviews regarding their legal representation and medical malpractice settlements. According to Dwight, he believed that his son’s future was in safe hands throughout the settlement process. Dwight’s son was born with a severe brachial plexus injury, and Wapner Newman provided the needed experience to secure maximum compensation.

Another client, Ron, explains that he doesn’t know how he would have taken care of his child if not for the compensation Wapner Newman helped him recover for his son’s brain injury.

As we did for Dwight and Ron, our Philadelphia birth injury lawyers can help you recover fair compensation for your child’s birth injury.

Types Of Cases Our Birth Injury Attorneys Handle

The Pennsylvania birth injury attorneys at Wapner Newman have handled many types of birth injury claims. There are countless types of birth injuries, each presenting its own set of challenges for children and their families.

Birth Injuries and Your Baby

Birth injuries can leave your child with permanent disabilities or have even more terrible consequences.

Here are a few examples of injuries suffered during birth:

  • Cerebral palsy
  • Shoulder dystocia
  • Brachial plexus injury
  • Erb’s palsy
  • Hypoxia (oxygen deprivation)
  • Hypoxic ischemic encephalopathy
  • Spastic quadriplegia
  • Cephalohematoma (bleeding in the skull)
  • Brain damage
  • Fractured bones (skull, collarbone, etc.)
  • Perinatal stroke
  • Infections
  • Facial nerve palsy
  • Preeclampsia
  • Spina Bifida
  • Genetic abnormalities misdiagnosed in utero
  • Infections that can pass from mother to fetus such as chorioamnionitis, H-flu
  • Stillbirth (which can be due to issues such as placental abruption,
    intrauterine growth restrictions, and infections.

Many times, grieving parents are simply told that there was a “complication” during their child’s birth. While this is sometimes true, doctors can also use this as an excuse to hide behind their mistakes. If your doctor is unable or reluctant to answer certain questions about your child’s birth injury, we can investigate the circumstances of the birth to determine whether medical negligence occurred.

Your family deserves to know the truth, and a Philadelphia birth injury lawyer at Wapner Newman will not stop until you get the answers and compensation you deserve.

Therapeutic hypothermia, also known as “cooling therapy,” is often administered to a baby born after 34 weeks of gestation in the setting of suspected or evolving brain injury. It involves cooling the baby down to a lower body temperature to try to allow the brain to recover from a lack of oxygen and/or blood flow. Depending on the resources of the hospital, this can be done in two ways: (1) administering a cooling “cap” on the baby’s head for brain cooling (known as “selective head cooling”) or (2) cooling the baby’s entire body (known as “whole-body cooling”). Body temperature is lowered to at or around 92.3°F and the cooling process lasts about 3 days.

In order to be effective, this therapy must be started no later than 6 hours after birth. Post-natal blood gas must be obtained as soon as possible within 1 hour of birth, and serial neurological exams by the NICU team are critical. Additionally, the child must be very carefully monitored after the cooling process is completed, with brain imaging including MRI, EEG monitoring, blood gasses, and close coordination of care by the NICU management team.

The use of cooling therapy is often necessary after a baby is delivered too late due to medical negligence. If your child suffered a brain injury at birth and underwent head or total body cooling, call us today at 215-569-0900 to discuss your legal options. You and your child deserve real answers.

Birth Injury Damages

A birth injury can cause serious financial, physical, and emotional hardship. When such an injury happens due to a doctor’s, nurse’s, or other medical practitioner’s negligence, the injured party may be awarded compensation, known as “damages.”

If your child suffered from an avoidable birth injury, here are some damages that may be awarded:

  • Medical bills
  • Pain and suffering
  • Ongoing care
  • Loss of income
  • Diminished earning capacity
  • Shortened life expectancy
  • Cost of assistive devices.

Every birth injury case is different. Many factors and circumstances have to be considered when determining the value of a birth injury claim. Facts relating to negligence and damages generally affect the average birth injury settlement, compensation, or verdict, which typically falls around $1 million.

To determine the value of your claim, our birth injury lawyers from Philadelphia will gather and analyze evidence, such as your child’s medical records, to determine the extent and severity of the injury. Wapner Newman will also analyze your child’s current and future medical bills, your lost wages, and your family’s psychological distress to arrive at an accurate estimate of your child’s birth injury damages.

When Birth Injury is Caused by Negligence in Pennsylvania

The natural contortions and contractions involved in childbirth can be hard on an infant, making birth injury an unfortunate possibility. However, many factors that contribute to birth injuries can and should be avoided by an attentive physician.

Some examples of negligence that often lead to birth injury include:

  • Oxygen deprivation during labor and delivery
  • Prescription drugs (such as SSRIs) taken by the mother before or during pregnancy
  • Failure to use proper delivery techniques
  • Failure to perform a C-section in a timely manner
  • Failure to properly interpret fetal heart rate monitor tracings
  • Improper use of delivery instruments (such as forceps and vacuum)
  • Failure to monitor a mother or child
  • Medication errors
  • Untreated child injuries.

If you believe your child’s birth injury was the result of medical malpractice or medical negligence in Pennsylvania or New Jersey, please contact Wapner Newman today to schedule a free initial consultation with an experienced Philadelphia birth injury lawyer. Our medical malpractice attorneys in Pennsylvania can help you uncover the truth about how and why your child’s birth injury occurred.

How We Approach Philadelphia Birth Injury Cases

Every birth injury case is unique, and birth injury law firms in Philadelphia may not share the same approach. The legal team at Wapner Newman believes in comprehensive research and case preparation to build the best cases for our clients.

Here’s the approach our reliable birth injury lawyers near Philadelphia take.

  • Researching your child’s condition: Our legal team is well-versed with different types of birth injuries, including cerebral palsy, infections, Erb’s palsy, spastic quadriplegia, shoulder dystocia, brachial plexus injury, brain damage, and hypoxia. We are aware that every birth injury case is different. Our attorneys will ensure your child’s condition is properly diagnosed so that we can start building an airtight case.
  • Investigating the cause: We will analyze all relevant evidence to find out what led to your child’s injury and whether there was any form of medical negligence.
  • Calculating your claim’s damages: Our Philadelphia birth injury lawyers will calculate the damages and push for fair compensation that can take care of your child’s current and future needs.
  • Filing a claim: Once we’ve established negligence and calculated your damages, our birth injury attorneys will aggressively demand compensation from the healthcare provider and their insurer.
  • Building your case: At Wapner Newman, our legal team will handle all paperwork related to your claim, create presentations, prepare for depositions, and consult with industry experts to ensure you get maximum compensation for your damages. We always prepare for trial since we know what it takes to get the justice and compensation our clients deserve.
  • Negotiating: Healthcare providers and insurance providers often want to settle birth injury claims out of court. Our lawyers will aggressively negotiate with the insurance company and not accept lowball offers that don’t reflect the true value of your claim.
  • Presenting your case: Our lawyers are ready to present evidence during out-of-court negotiations or in a trial that proves your child’s injury was caused by medical negligence.

Responsibilities of Doctors and Nurses

Healthcare providers have a responsibility to treat patients with the standard of care expected in their profession. “Standard of care” is a term used to describe the basic level of acceptable treatment a patient should expect from their provider.

Doctors have a responsibility to recognize signs of danger before, during, and after the birth of a child. They should assess the condition of the mother and the child and act in accordance with the best practices of obstetrics – the branch of medicine dealing with pregnancy, childbirth, and the postpartum period.

Essentially, the “standard of care” implies that a doctor or nurse should do their best to ensure the health of a mother and child. If they fail to do so and the newborn is injured, they can be held accountable for the costs facing the family.

Birth Injuries vs. Birth Defects

It’s important to know the difference between a birth defect and a birth injury. A birth defect is an illness or condition that develops during pregnancy, while a birth injury is a preventable injury suffered before, during, or after birth. Birth injuries often stem from a healthcare provider’s carelessness or negligent care.

This distinction matters, because birth defects are not sufficient grounds for a legal claim, whereas birth injuries warrant an investigation to determine whether the healthcare provider’s actions failed to meet the medical field’s standard of care.

Birth Injury Lawyers Fighting for Your Family’s Future

Birth injuries are tragic events for families. They impact several lives in unthinkable ways. The immediate and lifetime costs of these injuries can take a great physical, emotional and financial toll on children and their parents. When an injury was caused by negligent medical care, families should expect compensation for the costs they encounter.

When clients come to us with birth injury cases, we know that they are trusting us to help them deal with one of life’s greatest challenges. We take that role seriously, and we devote our full resources to get families the payment they need.


Our job as representatives of a family is to ensure they have the tools they need for a stable and secure future. If you and your loved ones are considering taking legal action against a negligent healthcare provider, you need a firm that you can trust.

Philadelphia Birth Injury Lawyers Fighting for Your Family’s Rights and Interests

No amount of money can heal your child’s birth injury. Nonetheless, a successful birth injury claim can help to ease the financial burden your family bears due to a medical provider’s negligence. Successful claims also represent justice and offer a sense of accountability in the healthcare sector for the harm suffered by your child.

If you believe a medical professional is to blame for your child’s birth injury, call (215) 569-0900 to speak to the Philadelphia personal injury lawyers at Wapner Newman. We are ready to discuss your legal options as well as answer any questions that you may have. Wapner Newman serves clients throughout Pennsylvania and New Jersey.

Get started now to find out if you have a case.