We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
If you learn that your child has been diagnosed with Erb’s palsy, you may wonder how your baby was injured in the first place. These injuries can occur during the delivery process and cause physical complications for your baby. When a delivery team has acted negligently, you can take action to hold them accountable. You can pursue justice to recover for the injuries and damages your child faced with the help of a Minneapolis Erb’s palsy lawyer from Madia Newville.
Our lawyers understand how nerve-wracking it can be to bring a child into the world. When you find out that they suffered injuries because of the careless or reckless actions of another, it can be overwhelming. Our law firm can help you. We’ll stand up to the negligent party and fight for you to recover compensation so you’re able to provide your child with the recovery they need.
Erb’s palsy occurs when the brachial plexus nerves in the shoulder are injured. When these nerves are damaged, the infant may have issues with control of their arm. When looking for signs of nerve damage, you may see that the infant’s arm is limp or you may notice less movement in this limb.
There are a number of ways that this injury can happen. If the infant’s head and neck are pulled to the side during the delivery process, it can damage the nerves and cause Erb’s palsy. Other negligent actions that can result in this injury includes stretching the infant’s shoulders when the baby is being born head-first. In a feet-first delivery, the shoulder can be injured if there is pressure on the baby’s raised arms.
When you’re trusting others with the welfare of your child and yourself, you expect them to be ready and experienced in how to keep you both safe. But this isn’t always the case. Our Minneapolis Erb’s palsy lawyer will find out how the negligent party caused this injury.
Some common reasons why this may have occurred include:
Your Erb’s palsy lawyer will review medical records to find out how your child was injured. We’ll determine who acted negligently and who is responsible for the injuries and damages your child sustained. Then, we can start fighting for you to recover these damages.
We understand that how devastating it is to learn that your child has an injury. It’s vital to get them care as quickly as possible. If care is delayed, then making a full recovery may be more difficult. Erb’s palsy can have different levels of severity. The nerve can be scarred, stretched, torn, or separated from the nerve root.
The minor nerve injuries are treatable and it’s likely that your child will make a full recovery in these situations. While the treatment can take time, between three to nine months, they could have full control of their arm again.
However, if the nerves are severely damaged, a full recovery may not be possible. If the injuries are permanent, there could be persistent issues with discomfort and function. In this situation, your child may need continued physical therapy or use of medical devices to help them.
Facing the costs of medical care along with caring for a newborn can be overwhelming. You want to focus on providing your child with the care they need, but months of medical bills and appointments is both costly and time-consuming. That’s where our lawyers step in.
When we’re fighting for you, we’ll take care of your legal matters and seek to recover compensation that will cover your child’s medical costs, whether they need treatment for a few months or will need care far into the future.
We’ll also make sure to calculate the noneconomic damages of the injury. You’re dealing with the emotional consequences of learning your baby was harmed because of a mistake. The mental anguish, emotional distress, and your baby’s pain and suffering are all noneconomic damages that we will include in your compensation amount.
Our lawyers can provide peace of mind that we’re doing everything we can for you and your child. You can focus on getting your child the care they deserve while we work on protecting your best interests. We’ll build a strong case on your behalf so we have the best chance of securing your financial future. When you have this foundation, you can move confidently into the future and know that you’ll be able to give your child what they need.
Birth injuries are preventable and shouldn’t have ever happened in the first place. Madia Newville is ready to hold negligent individuals accountable for their actions in Minneapolis and the wider Minnesota area. We’ll identify who caused the injury and how, and then move forward with the appropriate paperwork so your voice can be heard.
If your child has Erb’s palsy, we’re here to help. Get in touch with our office today so we can schedule an obligation-free consultation. We’ll review your case and talk about your legal options. Our lawyers will answer your questions about the legal process and what you can expect. Our team is ready to help you get justice for your child.
We have a process that works in getting exceptional results for our clients.
We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely. We interview witnesses that can help us prove the case. We’ll ask you for all relevant documents in your possession and review those carefully as well. We also will spend some time conducting legal research about unique issues in the case. We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial.
Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward. Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.
If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit. Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required. We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points. Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims. A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations. Of course, by that time, the price for settlement has gone up.
Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions. Not us. Written discovery is a gift and an opportunity. We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case. Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections. We view this as a wonderful opportunity. In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on. We also use Requests for Admission – which many lawyers don’t. The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts. We send them RFAs that are very difficult for them to deny. Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true. And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA. That’s a great situation that leads to more chaos and confusion on the defense side.
One last point on written discovery – we send multiple waves of it throughout discovery. We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery. This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses. This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.
This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible. So the witness has to either lie to support the defense, or admit it’s not true. That’s a dilemma that works for our clients either way, no matter which option the witness takes. We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is. We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.
The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases. We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery. We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.
Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.
After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.
This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries. We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials. At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct. As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.