Recent Case Results

Real Results in Birth Injury Cases

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"My son Mark was born with cerebral palsy because the hospital failed to diagnose fetal distress. We knew Miller, Curtis & Weisbrod had a good reputation, and by our experience, it's completely deserved. Attorney Les Weisbrod fought for our son and secured a $12,171,542** settlement to help us care for him. I know no matter what happens to me, Mark will be well taken care of for the rest of his life." - Client

This is just one example of the outstanding results the trial lawyers of Miller, Curtis & Weisbrod have obtained for clients whose child suffered severe injury, lasting disability or death due to medical negligence.

To discuss any birth injury case with a highly knowledgeable, experienced and caring attorney at our Dallas offices, please contact us today. Your initial consultation will be absolutely free. We charge no legal fees or costs until we obtain a financial settlement or jury award for you.

** In the case above, a contingent (%) fee charged on the successful recovery resulted in a fee of $4,868,616.80 and $93,952.82 in litigation expenses which were reimbursed by the client out of the gross settlement amount. After fees and expenses, the client received $7,208,972.38 in compensation.

Birth Injury Verdicts and Insurance Settlements

1. $7.5 million in a case of infant brain damage caused by failure to diagnose placental abruption. A contingent (%) fee charged on the successful recovery resulted in a fee of $3,000,000.00 and $195,917.67 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
2. $1.5 million in a case of brachial plexus injury from obstetrical negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $600,000.00 and $327,866.21 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
3. $3 million in a case of cerebral palsy caused by hospital negligence in the failure to accurately interpret fetal heart tracings resulting in delayed delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,200,000.00 and $480,307.25 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
4. $1.6 million a case of brain damage caused by negligent labor and delivery in a failure to diagnose twins. A contingent (%) fee charged on the successful recovery resulted in a fee of $640,000.00 and $14,356.25 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
5. $1.65 million in a wrongful death case in which obstetrical negligence in failing to perform a C-section resulted in shoulder dystocia. The baby died five days after delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $825,000.00 and $141,762.75 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
6. $6.75 million in a case of brain damage caused by failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $2,700,000.00 and $22,133.79 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
7. $3 million in a case of birth injury in a pregnancy complicated by oligohydramnios, abnormal BFP, loss of fetal movement. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,200,000.00 and $10,065.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
8. $4.25 million in a case of brain damage due to negligent labor and delivery performed by an impaired physician. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,700,000.00 and $1,866,006.68 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
9. $4.225 million in a case of medical malpractice (improper hospital credentialing) in iatrogenic premature by elective Caesarean section. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,690,000.00 and $235,201.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
10. $3 million in a case of infant brain damage due to uterine rupture and failure to timely perform C-section in VBAC attempt. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,200,000.00 and $197,501.87 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
11. $1 million in case of brain damage to a neonate caused by improper IV medication. A contingent (%) fee charged on the successful recovery resulted in a fee of $400,000.00 and $9,508.59 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
12. $2.55 million in a case of brain damage caused by obstetrical negligence in the failure to perform a timely C-section. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,020,000.00 and $55,795.55 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
13. $2.195 million in a case of infant brain damage caused by hospital, nurse and doctor negligence in a traumatic vacuum extractor injury in birth delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $878,000.00 and $120,328.46 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
14. $1.625 million in a case of brain damage caused by failure to perform timely C-section in the face of fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $650,000.00 and $89,094.36 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
15. $5.5 million in a case of brain damage caused by failure to diagnose and treat breech birth presentation. A contingent (%) fee charged on the successful recovery resulted in a fee of $2,200,000.00 and $353,551.09 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
16. $1.525 million in a case of brain damage resulting from delayed delivery caused by obstetrical negligence in taking an improper biophysical profile. A contingent (%) fee charged on the successful recovery resulted in a fee of $610,000.00 and $50,275.43 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
17. $3,056,100 in a Federal Tort Claims Act wrongful birth case. The child was born with cytomegalovirus (CMV) due to failure by health care providers to properly report to the mother the results of her pregnancy tests. A contingent (%) fee charged on the successful recovery resulted in a fee of $764,025.00 and $92,483.57 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
18. $1.25 million in a wrongful death case involving the improper use of medication on an infant. A contingent (%) fee charged on the successful recovery resulted in a fee of $500,000.00 and $112,038.38 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
19. $1.5 million in a case of brain damage caused by obstetrical and nursing negligence in the failure to properly interpret prenatal testing and to properly monitor labor. A contingent (%) fee charged on the successful recovery resulted in a fee of $499,500.00 and $155,056.24 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
20. $6.05 million in a case of brain damage caused by doctor and hospital negligence in the failure to properly interpret pre-delivery ultrasound and failure to detect fetal distress resulting in delayed delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $2,420,000.00 and $3,830,000.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
21. $1.2 million in a case of cerebral palsy caused by failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $452,400.00 and $153,052.78 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
22. $3 million in the case of a brain damaged infant who was injured due to obstetrical and labor and delivery nurse negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,200,000.00 and $115,594.85 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
23. $1.165 million in a case of brain damage caused by obstetrical negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $466,000.00 and $361,031.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
24. $1.89 million in a case of infant brain damage caused by the failure timely diagnose and treat herpes meningitis. A contingent (%) fee charged on the successful recovery resulted in a fee of $718,200.00 and $168,908.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
25. $1.3 million in the case of a brain injured infant who suffered permanent brain damage due to obstetrical and labor and delivery nurse negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $520,000.00 and $74,776.60 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
26. $1.025 million in the death of infant from failure to timely do C-section on mother who tried VBAC. A contingent (%) fee charged on the successful recovery resulted in a fee of $512,500.00 and $30,883.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
27. $1 million in a case of cerebral palsy caused by the failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $350,000.00 and $123,352.05 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
28. $1.425 million in a case of cerebral palsy caused by the failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $570,000.00 and $155,856.22 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
29. $1.325 million in a case of infant brain damage caused by negligent labor and delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $530,000.00 and $56,437.72 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
30. $3.5 million in a case of cerebral palsy caused by the failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,165,500.00 and $51,543.37 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
31. $1.025 million in a case of brain damage caused by obstetrical nursing negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $410,000.00 and $150,903.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
32. $1 million in a case of infant brain damage caused by improper labor and delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $500,000.00 and $67,432.19 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
33. $2.075 million in a case of infant brain damage caused by negligent labor and delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,037,500.00 and $150,000.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
34. $2.65 million in a case of brain damage caused by neonatal nursing negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,060,000.00 and $48,320.96 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
35. $1.32 million in a case of wrongful death following forceps delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $660,000.00 and $28,386.58 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
36. $1,457,500 in a case of medical malpractice at an uninsured hospital in the failure to perform a timely Caesarian section. A contingent (%) fee charged on the successful recovery resulted in a fee of $583,000.00 and $79,060.93 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
37. $1 million in a case of obstetrical negligence in the breech birth of the second of a pair of twins. Failure to perform a C-section caused paralysis from the neck down (quadriplegia). The baby died at age seven months. A contingent (%) fee charged on the successful recovery resulted in a fee of $500,000.00 and $71,511.96 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
38. $1.15 million in a case brachial plexus injury from obstetrical negligence. A contingent (%) fee charged on the successful recovery resulted in a fee of $460,000.00 and $40,596.62 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
39. $2.5 million in a case of medical malpractice in the failure to adequately warn of evidence of human fetal risk caused by the drug Inderal for administration to a pregnant mother. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,000,000.00 and $133,839.32 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
40. $1.95 million in a case of cerebral palsy caused by failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $780,000.00 and $70,000.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
41. $1 million in a case of brain damage to an infant failure to timely perform a C-section on a mother who tried vaginal birth after C-section (VBAC) with prior child. A contingent (%) fee charged on the successful recovery resulted in a fee of $400,000.00 and $19,623.85 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
42. $3.75 million in a case of infant brain damage due to failure to properly monitor a newborn who arrested in a well-baby nursery. A contingent (%) fee charged on the successful recovery resulted in a fee of $1,500,000.00 and $147,993.76 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
43. $2.375 million in a case of cerebral palsy caused by failure to diagnose fetal distress. A contingent (%) fee charged on the successful recovery resulted in a fee of $950,000.00 and $316,174.37 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
44. $1.4 million in a case of brain damage caused by the negligent induction of labor and improper delivery. A contingent (%) fee charged on the successful recovery resulted in a fee of $700,000.00 and $29,855.16 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
45. $4.15 million in a wrongful birth lawsuit regarding improper prenatal testing and the failure to diagnose Hunter's Syndrome. A contingent (%) fee charged on the successful recovery resulted in a fee of $2,075,000.00 and $115,332.07 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
46. $1 million in a case of brain damage caused by obstetrical negligence in the administration of an overdose of epidural medication and failure to monitor blood pressure. A contingent (%) fee charged on the successful recovery resulted in a fee of $400,000.00 and $36,250.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.
47. $1 million in a wrongful death case in which a newborn baby girl died due to misreading of the sonogram and echocardiogram. A contingent (%) fee charged on the successful recovery resulted in a fee of $400,000.00 and $49,000.00 in litigation expenses which were reimbursed by the client out of the gross settlement amount.

The case examples above are real insurance settlements and trial verdicts we have obtained for our clients. These results are based on the specific evidence and applicable laws in each case. Every case is different and there is no way to guarantee a particular result; however, if we are unable to obtain financial compensation for you, you will owe us no legal fees or costs.

For more information about how the attorneys of Miller, Curtis & Weisbrod can help you seek real results in your birth injury claim or lawsuit, please contact us today.