St. Louis & Kansas City Birth Injury Lawyers

The Midwest's Most Effective Injury Law Firm

1,000s of Satisfied Clients
$1 Billion+ Recovered in Compensation
40+ Years of Experience

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

Medical negligence during the birth process can cause serious birth injuries, such as nerve damage and oxygen deprivation. Some of these injuries can lead to life-altering health consequences, such as cerebral palsy and Erb’s palsy. If you or your newborn experienced a birth trauma, the knowledgeable St. Louis and Kansas City birth injury lawyers at Brown & Crouppen can help you seek compensation.

Birth injuries can be severe and even life-threatening for babies and their mothers. A seemingly simple medical error may cause irreparable harm, leaving families struggling with overwhelming emotional hardship and financial stress. 

If you are dealing with the aftermath of a birth injury in St. Louis or Kansas City, Brown & Crouppen is here to help. Our knowledgeable and compassionate Missouri birth injury lawyers have extensive experience enforcing the right of injured babies and their families to full and fair compensation. Call 800-536-4357 or fill out our online contact form to schedule your free, no-obligation consultation today.

Key Takeaways:

  • In birth injury lawsuits, establishing a breach in the professional standard of care by healthcare providers is often crucial, as it forms the legal basis for proving medical malpractice and securing appropriate compensation.
  • Brown & Crouppen provides high-quality legal representation in complex birth injury cases, offering expertise in navigating the intricacies of medical malpractice law in Missouri and beyond.
  • Our firm’s legal team, recognized for its expertise, tenacity, and successful track record, provides personalized legal representation in birth injury claims, informed by a deep understanding of state-specific medical malpractice regulations.
  • Operating on a contingency fee basis, we offer free consultations and focus on securing comprehensive legal compensation for clients, including for medical expenses, pain and suffering, and punitive damages in cases involving egregious medical negligence.

Why Work With Brown & Crouppen’s Missouri Birth Injury Attorneys?

Birth injury claims can be legally and factually complex. When you work with the seasoned legal team at  Brown & Crouppen, we will help you navigate the law governing birth injury cases. We are a full-service personal injury law firm, and our award-winning attorneys are fully dedicated to helping mothers, babies, and their families obtain the justice, accountability, and compensation they deserve in the aftermath of a birth injury. 

We believe everyone deserves access to the best representation possible and are committed to providing top-tier legal services each and every time. We have been recognized as the Best Law Firm in St. Louis by the St. Louis Post-Dispatch. Among other things, here’s what we bring to the table:

  • Decades of experience representing injury victims throughout Missouri and beyond. 
  • A team of over 250 legal professionals who provide high-quality counsel and representation tailored to the unique needs of your case. 
  • A strong reputation for success, including securing over $1 billion in settlements and verdicts for our clients. 
  • An extensive network of attorneys around the U.S. to ensure you get the best possible representation.
  • In-depth knowledge of Missouri medical malpractice laws and the local court systems to help you navigate the claims process.
  • Access to invaluable resources that will strengthen your case and put you in an excellent position to receive a favorable settlement or verdict.
  • No upfront legal fees—we offer free consultations, and you pay nothing unless we win your case. 

Our firm also strives to give back to the community we serve by donating to a wide variety of organizations, including the Juvenile Diabetes Research Foundation, United Cerebral Palsy, Habitat for Humanity, Mothers Against Drunk Driving, and Food Outreach. In the words of managing partner, Andy Crouppen: “We focus not on big cases, not on little cases, but on people because we need to do the best job we can for everyone.” 

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What Can I Expect During the Birth Injury Claims Process in Missouri?

If you believe you have a birth injury claim on your hands, our Kansas City and St. Louis birth injury lawyers can evaluate your situation and gather the evidence needed to build the strongest claim possible on your behalf. Important evidence in these cases may include:

  • Medical records of the mother and baby
  • Prenatal care records
  • Labor and delivery records
  • Neonatal Intensive Care Unit (NICU) records
  • Test results (blood tests, imaging tests, etc.)
  • Expert medical testimony
  • Witness statements from delivery room staff
  • Mother’s obstetric history
  • Fetal monitoring strips
  • Medication and treatment records during pregnancy and labor
  • Hospital policies and procedures
  • Statements from the parents
  • Video/audio recordings from the birth
  • Follow-up medical evaluations of the child
  • Developmental assessment records of the child

Once we have gathered all available evidence, our Kansas City and St. Louis birth injury lawyers will apply it to the governing law. We will file your case documents before important deadlines, aggressively conduct settlement negotiations with insurers, and take your case to trial if a meaningful settlement cannot be reached.

What Kinds of Birth Injury Cases Does Brown & Crouppen Accept?

The birth injury lawyers in our St. Louis, Kansas City, and other Missouri offices have experience handling various kinds of birth injury cases, including those involving:

Cerebral Palsy

Cerebral palsy is a neurological disorder affecting movement, muscle tone, and posture. It is caused by brain damage in developing infants. Symptoms vary from mild to severe and include spasticity and coordination issues. Cerebral palsy is a lifelong, non-progressive condition, and treatments aim to improve function and independence. It’s a common childhood motor disability.

Erb’s Palsy

Erb’s palsy is a birth injury affecting arm movement. It is caused by nerve damage or injury to the brachial plexus during delivery and leads to weakness, loss of motion, or paralysis in the affected arm. Treatment options for Erb’s palsy include physical therapy, and in some cases, surgery, to improve mobility and strength.

Shoulder Dystocia

Shoulder dystocia is a delivery complication where a baby’s shoulder gets trapped behind the mother’s pelvic bone. This can lead to a difficult and potentially dangerous birth, requiring immediate medical intervention to prevent injury to the baby’s brachial plexus nerves, oxygen deprivation, or other complications.

Surgical Instrument Injuries

Birth injuries caused by surgical instruments can occur during assisted deliveries using tools like forceps or vacuum extractors. These instruments, if improperly used, can lead to injuries such as skull fractures, brain damage, nerve damage, or facial paralysis in the newborn, requiring immediate and sometimes long-term medical intervention.

Cephalohematoma

Cephalohematoma is a birth injury characterized by a collection of blood under a newborn’s scalp. Typically caused by birth trauma or the use of delivery instruments, it appears as a raised bump on the baby’s head. Cephalohematoma usually resolves itself over weeks to months.

Caput Succedaneum

Caput succedaneum is a birth injury where the newborn’s scalp swells due to pressure during a head-first delivery or from vacuum extraction. This swelling of soft tissues appears over the baby’s skull, often resolving within a few days. Caput succedaneum is generally harmless but can indicate more severe underlying issues.

Birth Injuries Caused by Prescription Drugs

Birth injuries caused by prescription drugs occur when medications taken during pregnancy adversely affect the fetus, potentially leading to developmental issues, physical malformations, or neurological disorders. These injuries can result from prescribed drugs, underscoring the importance of careful medication management in pregnancy.

For example, The Journal of Research in Medical Sciences released a study indicating that certain anti-seizure medications are linked to a higher incidence of birth defects. These defects include cleft lips, organ malformations, and developmental delays. Risky drugs include Epival and Depakene.

Injuries to Mothers

Common injuries to mothers during childbirth include:

  • Perineal tears
  • Episiotomy complications
  • Cesarean section complications
  • Pelvic bone fractures
  • Uterine rupture
  • Excessive bleeding (postpartum hemorrhage)
  • Nerve damage
  • Infection
  • Epidural-related injuries
  • Blood clots (deep vein thrombosis)
  • Anesthesia-related complications
  • Psychological trauma (postpartum depression, PTSD)

Other Birth Injuries

Birth is a medically complex process and fraught with the risk of complications. Other risks involved in giving birth include:

What Can Cause Birth Injuries?

Many factors can cause birth injuries, often related to complications during the labor and delivery process. Common factors our St. Louis and Kansas City birth injuries lawyers see in the case cases they handle include:

  • Inadequate Medical Care – Mistakes by healthcare professionals can lead to improper handling of birth complications like the apgar score.
  • Medication and Anesthesia Errors – Incorrect use of medications or anesthesia during labor can affect both mother and baby.
  • Prolonged or Difficult Labor – Extended labor can increase the risk of injuries to the baby.
  • Premature Birth – Premature babies are more vulnerable to injuries due to their underdeveloped bodies.
  • Size and Position of the Baby – Large babies or those in an abnormal birthing position can have complicated deliveries.
  • Use of Delivery Instruments – Forceps or vacuum extractors can cause physical injuries if not used correctly.
  • Oxygen Deprivation – This can occur due to umbilical cord problems or prolonged labor, leading to things like brain damage, cerebral palsy, or Hypoxic Ischemic Encephalopathy.
  • Cesarean Section Complications – Surgical birth can lead to risks like infections or cuts to the baby.
  • Maternal Health Issues – Conditions like diabetes or high blood pressure in the mother can impact the birthing process.
  • Umbilical Cord Problems – Compression or prolapse of the umbilical cord can cut off the baby’s oxygen supply.
  • Infections – Maternal infections can be transmitted to the baby during delivery.
  • Induced Labor – Medications used to induce labor can lead to overly strong and frequent contractions, potentially harming the baby. 

Understanding and managing these factors is crucial for healthcare providers to minimize the risk of birth injuries. When they fail, they may take on liability in a medical malpractice lawsuit.

Who Is Liable for My Child’s Birth Injury?

Birth injury cases are normally litigated under medical malpractice laws. Specifically, the governing statute in Missouri explains: “The elements of [medical malpractice] are that the health care provider failed to use that degree of skill and learning ordinarily used under the same or similar circumstances by members of the defendant’s profession and that such failure directly caused or contributed to cause the plaintiff’s injury or death.” 

Consider the following illustrations: 

  • Hospitals and medical centers may be held responsible if you can prove they have contributed to the birth injury. For example, they could have caused your child’s birth injury by assigning an improperly trained staff member to monitor your birth or otherwise assist with the birthing process.
  • Medical doctors can be held liable if they fail to uphold the standard of care in their profession and specialty. For instance, suppose a medical doctor applied excessive force using forceps to the baby during delivery, causing the baby’s skull to fracture. You could sue the doctor for breaching their professional standard of care.
  • Nurses can also be held liable if they breach their professional standard of care. For example, if a nurse failed to monitor a baby’s birth or made mistakes during routine procedures, causing the baby’s birth injury, you can sue them for breaching the duty of care.
  • Anesthesiologists may be responsible if they incorrectly administer medication and cause complications, such as an allergic reaction, in the mother or child.

Pharmaceutical companies and medical device manufacturers may also be responsible if their products injure or lead to harmful side effects in the mother or child. These cases fall under the umbrella of product liability law

What Types of Compensation Can You Receive Through a Missouri Birth Injury Claim?

It is essential that pregnant mothers and babies receive the best medical care possible. Sadly, this does not always occur. When this leads to birth injuries, mothers and infants may be entitled to significant legal compensation. Some types of compensation you can receive from a birth injury claim include:

  • Medical Expenses – Costs for immediate and ongoing medical treatment, surgeries, medications, and rehabilitation.
  • Future Medical Care – Estimated costs for long-term medical needs, including therapy, specialized equipment, and home care services.
  • Pain and Suffering – Compensation for the physical pain and emotional distress suffered by the child and family.
  • Loss of Earning Capacity – If the injury results in long-term or permanent disability, compensation may cover the potential future earnings lost.
  • Special Education Costs – If the child requires special education services due to the injury.
  • Home Modification Costs – Expenses for necessary modifications to the home, like wheelchair ramps or specialized bathing facilities.
  • Parental Lost Wages – Compensation for the time parents must take off work to care for the injured child.
  • Physical Therapy and Rehabilitation Costs – For ongoing physical therapy or other forms of rehabilitation.
  • Counseling and Psychological Services – For mental health support for the child and family members affected by the trauma.
  • Punitive Damages – Punitive damages may be available if “the evidence clearly and convincingly demonstrat[es] that the health care provider intentionally caused [harm] . . . or demonstrated malicious misconduct that caused [harm].”
  • Wrongful Death Damages – In tragic instances where a birth injury leads to the death of the child or mother, families may receive compensation for funeral expenses, emotional distress, and loss of companionship.
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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Damage Caps in Missouri Medical Malpractice Lawsuits

Importantly, Missouri limits the non-economic damages plaintiffs may receive in medical malpractice lawsuits. The cap for “non-catastrophic injuries” was originally set at $400,000, and the cap for “catastrophic injuries” was set at $700,000. These numbers are adjusted upward every year. Injuries are catastrophic if they result in: 

  • Quadriplegia 
  • Paraplegia 
  • Loss of two or more limbs
  • An injury to the brain that results in permanent cognitive impairment resulting in the permanent inability to make independent decisions, eat, dress, bathe, go to the bathroom, transfer, and walk
  • An injury that causes irreversible failure of one or more major organ systems
  • Serious vision loss

Birth Injury Statute of Limitations in Missouri

Again, birth injury claims are normally brought as medical malpractice lawsuits in Missouri. Therefore Missouri’s statute of limitations for birth injuries sets a two-year deadline for these types of cases, and the statute of repose sets a once-and-for-all deadline of ten years. This means that birth injury victims must file their claim within two years and no later than ten years from the date of the incident giving rise to the case. 

There may be exceptions to the two-year deadline. For instance, the statute of limitations is paused (“tolled”) for plaintiffs who are “within the age of twenty-one years or mentally incapacitated.” However, before relying on any potential exceptions, it is best to consult with a skilled Missouri birth injury lawyer in case they do not apply to your case.

Missouri Birth Injury Statistics

According to the CDC, nearly 20,000 infant deaths occurred in the United States in 2021. The infant mortality rate in Missouri is 6.3 deaths for every 1,000 live births. Further, for every 1,000 hospital deliveries, about five babies are born with a major birth injury that could significantly impact their future. 

In Missouri, unintentional injuries are among the leading causes of infant deaths, along with birth defects, preterm birth, low birth weight, pregnancy complications, and sudden infant death syndrome. In 2018, Missouri had 92 unintentional injuries per 1,000 live births. This number is more than double the average of 34 unintentional birth injuries in the United States that year.

How Much Does It Cost To Hire a Missouri Birth Injury Lawyer?

At Brown & Crouppen, we believe all injury victims, especially mothers and newborns, deserve the highest quality legal representation available without worrying about cost. That’s why our St. Louis and Kansas City birth injury lawyers work on a contingency fee basis, meaning you pay nothing unless we win your case. Again, we also offer free, no-obligation consultations, so there is no downside to having your case reviewed by an experienced member of our team. 

Get a Free Consultation With Our St. Louis & Kansas City Birth Injury Attorneys

Birth injuries can change your and your child’s life forever. They can also be expensive to treat, especially if the injuries create life-long disabilities that require special education, equipment, or around-the-clock care. If you or a loved one has been affected by a birth injury to your child, Brown & Crouppen’s infant injury lawyers can help determine if you are entitled to compensation. 

For more than 40 years, the skilled legal team at Brown & Crouppen has helped victims of medical malpractice get the justice they deserve. Call 800-536-4357 or fill out our online contact form to schedule a free case evaluation at our St. Louis and Kansas City law offices.

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Awarded to our clients over

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Boat Mechanic’s family settles
wrongful death suit

$2 MILLION

High school runner struck by utility
truck reaches settlement

$1 MILLION

Postal worker struck by commercial truck
at loading dock settles lawsuit

$1.5 MILLION

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