West Virginia Birth Injury Lawyer

40 Years' Experience & $1 Billion Recovered

If you and your family have suffered the tragic consequences of a birth injury and you suspect that medical negligence was responsible for injuring your child, it is vital that you contact a birth injury lawyer in West Virginia from the Fitzsimmons Law Firm PLLC.

The legal team is focused on recovering compensation for the injured child and their family that will allow the innocent victim to have the best possible quality of life. The costs of caring for a child that now has a serious condition are astronomical; the families not only have the emotional upheaval to deal with but rising costs of ongoing care, surgeries, nursing, medical equipment and other costs.

Why Hire Our Firm?

With hundreds of $1+ million dollars verdicts and settlements over their years in practice, the firm has garnered a reputation throughout the legal community as one of the top personal injury law firms in the state.

Our birth injuries lawyers have achieved judgments that have actually changed the law. Additionally, they have been named in the first tier for "Best Law Firms" by U.S. News, are AV Preeminent® rated by Martindale-Hubbell®, and recognized in Super Lawyers® lists. They have also been recognized for having one of the Top 100 verdicts in the U.S. by the National Law Journal.

When you retain a birth injury attorney from our firm, you can be confident that your case will be handled with the professional skill needed in difficult birth injury claims.

Types of Birth Injuries We Represent

Tragic cases of injury that are the result of medical negligence or malpractice during labor or delivery can be all too common.

Many birth injury claims are related to an injury or condition that was the result of improper fetal monitoring. For families who have a baby that suffered infant brain damage that is the outcome of labor and delivery malpractice, the firm can help you take legal action against the negligent physician, facility, or other liable party. In many of these cases, the underlying situation is that the infant had oxygen deficiency during the birth process. The firm also files claims and malpractice lawsuits in cases of pre-eclampsia/eclampsia, pregnancy-induced hypertension (PIH), and shoulder dystocia injuries.

Bob Fitzsimmons is the Co-Founder and Co-Director of the Brain Injury Research Institute at Northshore Medical Center in Chicago, Illinois and has extensive knowledge regarding the effects of oxygen deprivation during the birth process. This insight equips him with unique expertise to handle birth injury cases.

When Doctors Are Negligent

All medical professionals are expected to be attentive, alert, and prepared to respond to any complications that arise. The reality is that even the smallest mistake or delay during labor and delivery can be detrimental to the health and well-being of you and your child. When a doctor's misstep results in a birth injury, he or she must be held accountable.

Negligent acts that can cause birth injuries include:

  • Failure to perform necessary C-section
  • Failure to monitor oxygen to the mother or child
  • Failure to diagnose and treat complications
  • Misuse of birthing tools, such as forceps or vacuums
  • Failure to monitor hemorrhaging

Of course, not all birth injuries are the result of malpractice. Some injuries are actually defects, caused by the child's DNA or other hereditary factors. However, these conditions can be worsened or furthered by a doctor's inability to correctly respond to and treat them. Thus, it is essential to have an accomplished injury lawyer on your side to fight for your right to compensation.

Damages for Birth Injury Claims in West Virginia

It is a devastating experience when a baby is injured or dies during birth. If your doctor or another medical professional acted negligently and caused harm to your unborn child, our attorneys can help you file a medical malpractice lawsuit and seek full compensation. While it is impossible to provide an exact estimate of your eligible recovery, the value of your claim vary based on the severity and scope of your child's injuries.

Damages may include:

  • Present and future medical expenses
  • Physical therapy costs
  • Special education costs
  • Permanent disability benefits
  • Pain and suffering
  • Emotional distress
  • Wrongful death

Frequently Asked Questions About Birth Injuries

What constitutes a birth injury?

Any injuries that were sustained during the delivery process may be considered birth injuries. Additionally, some pre-existing conditions can lead to a birth injury if not treated properly and closely monitored during the course of the pregnancy.

What caused this birth injury?

There are many common causes of birth injuries. Hypertension in the mother, if not properly treated, can lead to a birth injury. But even smaller incidents can lead to a birth injury. During a difficult birth a doctor may have to use forceps to help deliver the baby, and if too much force is applied, they may cause nerve and tissue damage. Small incidents may have larger effects and therefore should be carefully noted.

My child has sustained a birth injury. What should we do now?

If your child has suffered due to a birth injury, seek medical help from a doctor you trust. Talk to an attorney immediately. During this time, it is extremely important to keep thorough record of all medical visits, prescriptions, diagnoses, etc. You may want to seek a second or third opinion on your child's injuries.

Could this birth injury have been avoided?

Many birth injuries, though not all, are entirely avoidable, and are the result of medical negligence. If you think your child's injury was the result of negligence or malpractice on the part of any of the doctors or nurses that were taking part in the delivery of your infant, you should contact an attorney to discuss the details of your case and see if you have a viable claim.

Will My Birth Injury Claim Go to Trial?

Most birth injury claims are resolved out of court once both the plaintiffs and the responsible party's insurance company reach a mutually agreeable settlement. If an agreement cannot be reached, or if the defense wishes to settle for a lower amount than your case is worth, you may need to go to trial. Our attorneys can help you understand your legal options and choose the most appropriate course of action for your case.

Get Started on Your Case with a Free Consultation

It is crucial that any such case is managed by a professional law firm with a history of success in this arena. The firm is committed to pursuing compensation, either in a settlement or through litigation. It is important to contact them soon after the injury so that the supporting evidence for the case can be obtained and preserved. They will be unwavering in advocating for you and your child when you retain their support.

Contact Fitzsimmons Law Firm, PLLC online or by phone at (888) 492-4303 to set up a free consultation with our compassionate birth injury attorneys in West Virginia.


  • Fitzsimmons Law Firm, PLLC We give the Fitzsimmons Law Firm the highest recommendation possible.
  • Fitzsimmons Law Firm, PLLC We would definitely use their office again if we ever needed to and would HIGHLY recommend them to anyone.
  • Fitzsimmons Law Firm, PLLC Let me assure you no one works harder then they do
  • Fitzsimmons Law Firm, PLLC Bob was very compassionate and empathetic to my situation.
  • Fitzsimmons Law Firm, PLLC I was very fortunate to have had the pleasure of Bob Fitzsimmons representing me over the years, and would highly recommend his Law Firm.
  • Fitzsimmons Law Firm, PLLC He is one of the finest attorneys in the nation.
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