Trusted Birth Injury Lawyer NYC Families Can Rely On

If your child has suffered harm during labor or delivery, you need an experienced birth injury lawyer NYC families can trust. At Merson Law PLLC, our attorneys fight for children and parents whose lives have been changed by medical negligence in New York hospitals and delivery rooms.

When a newborn suffers a birth injury, the consequences can last a lifetime. Families often face overwhelming medical bills, therapy costs, and emotional trauma. If medical negligence played a role, you may have the right to pursue justice and financial compensation.

At Merson Law PLLC, our team of experienced NYC birth injury lawyers has represented countless families in complex cases, including those involving cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and other catastrophic injuries caused by medical malpractice.

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Sex Assault Cases

$320 Million

Diocese of Rockville Centre Child Sex Abuse Victims

Medical Malpractice

$7.3 Million

Verdict in case of Queens woman overprescribed medication who suffered burn injury.

Sex Assault Cases

$17.5 Million

Total bankruptcy settlement for Harvey Weinstein sexual abuse victims, which the firm represented 9 victims

Sex Assault Cases

$28 Million

Awarded As Part of The Largest Sexual Assault Verdict In New York State History

Cases

$100 million

Merson represents a number of victims of child sex abuse in the Independent Reconciliation

Cases

$200 Million

Negligence Lawsuit Against City Of New York

Medical Malpractice

$11.95 Million

Confidential medical malpractice settlement in 2023

Medical Malpractice

$28.5 Million

Medical malpractice jury verdict in 2022 for former New York Giants football player.

Medical Malpractice

$6.25 Million

Jury verdict for New York woman who underwent needless hip surgery.

Medical Malpractice

$6.5 Million

Settlement value for birth injury that resulted in difficulty speaking.

Cases

$10 Million

Confidential labor law construction accident settlement in 2019.

Sex Assault Cases

$225 Million

Lawsuit against Bill Cosby in New Jersey and a 2nd lawsuit on behalf of five women filed in New York against Bill Cosby for an undisclosed amount

Personal Injury

$8 Million

Settlement – one of the lead counsel for victims of a bus overturn accident.

Personal Injury

$11.3 Million

Jury verdict for brain damaged child.

Sex Assault Cases

$14 Million

Jury verdict for child sexual abuse victim.

Sex Assault Cases

13.38 Million

In a groundbreaking case under New York’s Child Victims Act

Sex Assault Cases

$8 Million

Confidential sexual abuse settlement in 2020 believed to be the largest recovery at the time for a sexual abuse survivor

Why Hire a Birth Injury Lawyer NYC Families Trust?

Choosing the right attorney can make the difference between a dismissed claim and securing the financial resources your child will need for a lifetime. A skilled birth injury lawyer NYC offers more than just courtroom advocacy — they provide guidance, expertise, and compassion during the most difficult period of your life.

Thorough Investigation of Medical Records – Birth injury cases often hinge on complex medical details. Our team works with leading medical experts to review fetal monitoring strips, delivery notes, and neonatal records to determine whether negligence occurred.
Holding Hospitals and Doctors Accountable – Healthcare providers and institutions have powerful legal teams. A birth injury lawyer NYC levels the playing field by fighting back against hospitals, doctors, and their insurers to demand justice.
Maximizing Compensation for Families – From medical bills to future therapy and special education needs, the financial impact of a birth injury is enormous. A dedicated attorney knows how to calculate these costs and fight for the full value of your claim.
Trauma-Informed Support – Beyond the courtroom, families need an advocate who understands the emotional toll of caring for an injured child. At Merson Law, every member of our intake and legal staff is trained in trauma-informed practices to ensure compassion and respect.

Types of Birth Injury Cases We Handle

Our birth injury lawyer NYC team has extensive experience with a wide range of medical negligence claims, including:

Cerebral Palsy – a neurological disorder often linked to oxygen deprivation during delivery. It can cause lifelong physical and cognitive disabilities, requiring specialized care and therapies.
Erb’s Palsy – nerve damage caused by shoulder dystocia or excessive pulling during birth. This condition can limit arm movement and sometimes requires surgery or long-term rehabilitation.
Hypoxic-Ischemic Encephalopathy (HIE) – a type of brain injury caused by lack of oxygen or blood flow to the baby’s brain, often leading to developmental delays and permanent disabilities.
Brachial Plexus Injuries – damage to the network of nerves in the shoulder and arm, which can result from improper delivery techniques and lead to weakness, paralysis, or loss of sensation.
Fractures and Nerve Damage – broken bones or nerve injuries may occur when doctors improperly use forceps or vacuum extractors during a difficult delivery.
Delayed or Failed C-Sections – failing to perform a timely C-section when complications arise can result in severe brain injuries, organ damage, or even death of the infant or mother.

When facing lifetime costs from cerebral palsy, Erb’s palsy, or hypoxic-ischemic encephalopathy (HIE), hiring a birth injury lawyer NYC ensures your case is handled by someone who understands both medical malpractice law and the realities families face.

Do You Have a Birth Injury Case?

Not every birth complication is malpractice. A birth injury lawyer NYC will review your case to determine whether negligence occurred. Possible signs include:

Failure to monitor fetal distress – doctors and nurses must carefully track the baby’s heart rate during labor. Ignoring warning signs of oxygen deprivation can lead to permanent brain damage.
Delayed emergency C-section – when signs of fetal distress are present, doctors are required to act quickly. Waiting too long to perform a C-section can cause lifelong injuries such as cerebral palsy.
Improper use of delivery tools – misuse of forceps or vacuum extractors can fracture bones, damage nerves, and cause brachial plexus injuries.
Medication errors during pregnancy or delivery – mistakes in prescribing or administering medication can harm both the mother and child, leading to dangerous complications.
Failure to recognize or treat maternal infections – conditions such as Group B Strep, preeclampsia, or other untreated maternal health issues can cause serious birth injuries if not properly managed.

Compensation Available in Birth Injury Cases

Families who work with a skilled birth injury lawyer NYC may be entitled to compensation for a variety of losses, including:

Lifetime medical treatment and rehabilitation – covering hospital care, surgeries, physical therapy, occupational therapy, and other long-term treatments.
Specialized equipment and in-home care – such as wheelchairs, mobility aids, home modifications, and in-home nursing support.
Pain, suffering, and emotional trauma – damages for the significant physical and psychological toll birth injuries place on both the child and the family.
Lost wages and reduced earning capacity – compensation for parents who must leave the workforce to provide care, as well as future income lost by the child due to their injuries.
Loss of quality of life – recognition of the lifelong limitations, challenges, and reduced opportunities caused by preventable medical negligence.

Time Limits for Filing a Birth Injury Lawsuit in New York

Under New York law (SECTION 214-A), medical malpractice claims typically must be filed within 2 years and 6 months of the negligent act. However, special rules may extend deadlines for minors. It is critical to speak with an experienced birth injury lawyer NYC as soon as possible to preserve your family’s rights. When your child’s future is at stake, hiring a trusted birth injury lawyer NYC ensures you have both the legal and emotional support necessary to move forward.

Case Results: Proven Success in Birth Injury Lawsuits

At Merson Law, we have a strong track record of representing families whose children suffered devastating birth injuries due to medical negligence. While every case is unique, our results demonstrate our ability to take on powerful hospitals and doctors — and win.

$13.3 Million Verdict – Westchester County (2023)
Our attorneys secured a $13.3 million jury verdict for a child who suffered permanent injuries due to delayed delivery and failure to perform a timely C-section. The award covered lifetime medical care, therapies, and pain and suffering.
$28 Million Settlement – Manhattan (2022)
We achieved a $28 million confidential settlement for a family whose child was diagnosed with cerebral palsy after medical providers failed to monitor fetal distress. The settlement ensured funding for lifelong care, including assistive technology and rehabilitation services.
$10 Million Settlement – Queens (2021)
In a case involving brachial plexus injury caused by improper use of delivery tools, our birth injury lawyer NYC team negotiated a $10 million settlement to provide long-term support for the child’s medical needs and educational accommodations.

These results are just examples of the outcomes we have secured for families. They reflect not only our skill in the courtroom, but also our relentless commitment to holding hospitals and doctors accountable for preventable mistakes.

Speak With a Birth Injury Lawyer NYC Today

If your child has suffered a preventable injury at birth, Merson Law can help. Our trauma-informed attorneys will guide you through the legal process with compassion and determination.

How can Merson Law help you?

A birth injury lawsuit can award you with financial compensation to pay for medical treatment, physical therapy, lifestyle changes, and more. It can also compensate you for your emotional turmoil and suffering.

And while a lawsuit may sound like the last thing you’d want to do after experiencing such a devastating event, it may be the best path forward for healing, recovery, and justice.

Use the form on this page to send us a quick message to get started with your child birth injury claim.

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FAQs: Birth Injury Lawyers NYC

A birth injury lawyer NYC investigates whether medical negligence played a role in your child’s injury. This involves reviewing medical records, consulting expert witnesses, and identifying errors made by doctors, nurses, or hospitals. They then build a legal case to hold those parties accountable and pursue financial compensation that covers your child’s lifelong needs.

Generally, medical malpractice cases in NY must be filed within 2 years and 6 months, but exceptions may apply for minors. Speak with an attorney to understand your specific timeline.

Only a thorough review of medical records and expert evaluation can determine this. Our team consults top medical specialists in every case.

Yes. In many cases, both the physician and the hospital may share liability. Doctors can be held responsible for medical errors, while hospitals may be liable for negligent hiring, inadequate supervision, or systemic failures in patient care. A skilled birth injury lawyer NYC will carefully analyze the facts of your case to determine every potentially responsible party.

At Merson Law, we represent families on a contingency fee basis. That means you pay no upfront fees or hourly costs. Our firm only gets paid if we successfully recover compensation for your case. This ensures every family, regardless of financial situation, has access to experienced legal representation.

New York imposes strict time limits for these types of claims. Contact us immediately to protect your right to sue.

The most common birth injuries tied to medical negligence include cerebral palsy (often caused by oxygen deprivation), Erb’s palsy and brachial plexus injuries (linked to shoulder dystocia), hypoxic-ischemic encephalopathy (HIE), fractures, and nerve damage from misuse of delivery tools. A birth injury lawyer NYC can explain how each condition may relate to negligence in your child’s care.

Not always. Many birth injury cases are resolved through settlement before ever reaching trial. However, it is critical to work with a birth injury lawyer NYC who prepares every case as though it will go to court. This preparation gives families leverage in negotiations and ensures the strongest possible outcome if a trial does become necessary.

Merson Law: New York's Top Personal Injury Law Firm

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Founder Jordan Merson of Merson Law has built a stellar reputation representing high profile sex abuse clients & medical malpractice clients who have suffered catastrophic injuries.

The law team at Merson Law has extensive experience litigating medical malpractice cases and sex abuse cases valued in excess of $1 million and much of their background includes prosecuting cases that have resolved for more than $10 million.

The Lawyers at Merson Law PLLC have decades of experience litigating cases like your’s, many of which have settled for millions of dollars.

Our team will work with you to get the compensation you need to build the best life for you or your loved ones, and we’ll do it without hourly rates.

To start your claim, contact us by filling out our confidential form or by calling our Manhattan office. Get started with your lawsuit or claim today.

Contact Merson Law