Shrager, Spivey & Sachs

Birth injuries are often the result of pregnancy, labor or delivery complications, and if a doctor doesn’t respond quickly or appropriately, the consequences can be devastating. The most common cause of birth injuries is an interruption in the flow of oxygen to the brain, which can result in brain damage or cerebral palsy. Other common birth injuries include fetal distress, dysfunctional or prolonged labor, seizures and excessive bleeding.

Most birth injuries require years of rehabilitation, and some children never recover. Those suffering from cerebral palsy or severe brain damage require constant care, which can place a substantial financial burden on parents.

The attorneys of Shrager, Spivey & Sachs understand the tragic consequences of birth injuries, and we will fight for the compensation you deserve. We have won several six-figure settlements to help our clients provide their child with the care they need.

If you or a loved one have been injured during birth, contact us today for a free consultation.

Our Firm's Results

$4 Million Settlement for Birth Injury

Managing partner Robert Sachs led the legal team representing a girl who was severely injured during labor and delivery. A series of mistakes led to a gestation period more than a week longer than is appropriate. Despite the delay and complaints from her mother that her water had broken, doctors left her to labor for hours without emergency care or appropriate monitoring. Unfortunately, a badycardia – a severe reduction of the baby’s heart rate – occurred, and the baby went without oxygen for more than 20 minutes. The girl – now 17-years-old – suffers from cerebral palsy and mental retardation and requires constant care. Her family can now purchase a home to accommodate her disabilities and establish a special needs trust for her future care.

$2.29 Million Verdict for Infant’s Brachial Plexus Injury

The attorneys of Shrager, Spivey & Sachs obtained a jury verdict of $2,289,856 for an infant and his family. During the course of his delivery, the baby developed shoulder dystocia – a condition in which the baby’s shoulder becomes lodged against the mother’s pelvis after the head has already been delivered. Our attorneys argued that the injury occurred because the doctor used improper techniques and excessive traction to dislodge the shoulder, causing several major nerves in the brachial plexus to be torn from the baby’s spinal cord. Our attorneys were able to show the jury that the baby had been turned 180 degrees after the shoulder impacted but before any of the standard maneuvers had been performed. We argued that the tearing of the baby’s spinal cord nerves occurred during the course of the turn and was the result of excessive traction applied to the baby’s head. The jury returned an award of nearly $2.3 million dollars for the baby, who has severe and permanent movement limitations in his right hand and arm.

$1 Million for Birth Injury

Wayne Spivey and Mike McGuckin negotiated a $1 million settlement for a girl injured when her shoulder was stuck in the birth canal during delivery. Her mother had experienced birth complications with her other children, but her doctor failed to appropriately treat the mother and deliver the child without injury. Fortunately, the girl – now four-years-old – is otherwise healthy and happy, and the settlement will enable her mother to provide her with the best medical care available for her disability.

$320,000 Verdict for Child’s Brachial Plexus Injury

The attorneys of Shrager, Spivey & Sachs won a $320,000 award for a three-year-old and her parents against a hospital and doctor. After three hours of pushing with minimal progress, her doctor planned for a caesarean section, which was later abandoned in favor of a low forceps delivery. The doctor later diagnosed should dystocia, which occurs when the baby’s shoulder lodges against the mother’s pelvis after the head has been delivered. The doctor used fundal pressure to deliver the baby, who was diagnosed with a brachial plexus birth injury to her left should shortly after her birth. Our attorneys proved to the jury that the child’s injuries were a direct result of the doctor’s negligence in applying fundal pressure and excessive traction.

Significant Settlement for Newborn’s Cerebral Palsy

Wayne Spivey obtained a significant settlement for a newborn injured during caesarean section. Her mother had previously undergone a caesarean section, but during her present pregnancy, her doctors advised her of the risks associated with vaginal birth after caesarean – VBAC – including possible uterine rupture. The risks combined with a doctor’s excessive administration of pitocin and failure to quickly respond to alarming fetal monitor readings. The mother suffered a ruptured uterus, and the baby now suffers severe cerebral palsy. He is permanently brain damaged - unable to walk unassisted, engage in functional speech or feed himself. Attorney Spivey retained world-renowned medical experts to review and support the family’s suit, which included state-of-the-art technology. The child’s family will now be able to provide him the continuous care he requires.