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Verdicts & Settlements

99% of our cases end with a successful settlement or jury verdict in our client’s favor.
Birth injury litigation is difficult, complex, and expensive. We have an exceptional success rate because we have dedicated our practice to these high-stakes cases. We have mastered the law AND the medicine.
The end result is a high success rate in the courtroom and the negotiating table, leaving you with peace of mind that we will get the best possible results.

Over the past 15 years, we have secured over $500,000,000 for our clients in verdicts and settlements.
Knowing the medicine and forming strong partnerships with healthcare and cost-of-living experts gives our attorneys the edge in the courtroom and at the negotiating table. We understand the true cost of medical malpractice, and we fight to achieve the best possible results for our clients, either through settlements or at trial. As a result, we have successfully secured more than half a billion dollars in verdicts and settlements.

A lot of firms talk the talk, but we walk the walk.
Children with brain damage, cerebral palsy, or developmental delay require extensive care and treatment throughout their lifetimes. That care can cost over $25 million over the course of a disabled child’s life. Is Medicaid or Medicare going to pay for it? Will private insurance cover the costs? Who will take care of the child when the parents or guardians die? These are some of the most common questions parents ask – and we’re here to help answer those questions.

Notable Verdicts:


A record-breaking verdict against Johns Hopkins Bayview Medical Center

The defendant healthcare providers negligently counseled the mother on the potential outcomes for her premature baby, which led to her declining a c-section and the removal of fetal monitoring. The healthcare providers wrongly told her that her baby was going to be brain damaged and had a very low chance of survival based on an erroneous gestational weight. Mom was even offered to terminate the pregnancy even though there was actually a high likelihood of a good outcome for her baby.

The jury found these acts were negligent and that they led to the minor’s severe brain damage and cerebral palsy, and awarded the plaintiff $229,000,000 — the largest verdict in a medical malpractice case in United States history at the time. As of today, it’s the second largest in US history.


Verdict against Johns Hopkins Hospital
The mother presented to labor and delivery at term after attempting a home birth. The hospital staff recognized the need for an urgent delivery based on fetal heart rate tracing. Despite this, it took the obstetricians over two hours to effectuate delivery. Our client suffered HIE and severe brain damage. At the time, this was the largest verdict in a personal injury or medical malpractice case in Maryland history.


Verdict after medical negligence caused a brain injury.
Despite obvious signs that baby was in trouble, the obstetrical team at Advocate Trinity failed to timely deliver baby. Approximately 25 minutes before delivery, baby’s heart rate dropped and did not recover, causing her to suffer hypoxic-ischemic brain damage. Witnesses testified that baby should have been delivered before her heart rate dropped, and had Advocate’s providers done so, she would have avoided her brain damage and cerebral palsy.


Verdict against MedStar Harbor Hospital

During the end stages of labor, fetal monitoring began showing repetitive late and variable decelerations. The defendant healthcare providers acknowledged these findings could be due to the cord being wrapped around the baby’s neck. Nevertheless, the defendant obstetricians let these decelerations go on for hours. The baby was strangulated as a result of the cord being wrapped around the baby’s neck, causing a severe lack of oxygen, brain damage, and cerebral palsy.


Verdict against a midwife and doctor

Our client suffered severe traumatic brain damage because of a precipitous vaginal delivery. The jury found the healthcare providers negligent in the performance of an external cephalic version procedure and for failing to perform a cesarean section. Had a cesarean section been performed, the child would not have suffered a traumatic brain bleed. The jury awarded $15.6M for future care expenses due to cerebral palsy caused by the traumatic brain injury.

Notable Settlements:

In the past 5 years alone, WVFK&N has settled over $100,000,000 in birth injury and medical malpractice cases, including:

  • Over $12M – settlement for negligent monitoring of a baby during a procedure in the first week of life.
  • Over $10M – settlement for failing to timely treat a newborn in distress.
  • Over $10M – settlement for failing to timely deliver in the setting of fetal distress.
  • Over $10M – settlement for failing to timely diagnose a stroke.
  • Over $9.5M – settlement for failing to appropriately treat preterm labor.
  • Over $9M – settlement for negligently interpreting fetal heart rate monitoring.
  • Over $8M – settlement for failing to timely deliver in the setting of placental abruption.
  • Over $8M – settlement for failing to notify the physician of a terminal fetal bradycardia.
  • Over $7.5M – settlement due to negligently performed forceps delivery.
  • Over $6M – settlement arising from a delayed cesarean section.
  • Over $6M – settlement for failing to administer betamethasone in the setting of anticipated pre-term birth.
  • Over $6M – settlement for failing to place a cerclage.
  • Over $6M – settlement for failing to perform a cesarean section in the setting of severe preeclampsia and fetal distress.
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