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New Jersey Wrongful Birth Lawyer

Wrongful Birth Lawsuits in New Jersey

Every parent wants their child to have a full and happy life. Unfortunately, some conditions can greatly compromise a child’s health and create a lifetime of challenges. Sometimes, providers may be liable for damages resulting from their failures to avoid these issues.

A wrongful birth lawsuit is a civil action that can be brought against health care providers by parents who have children born with various disabilities, birth defects, or genetic disorders.

Wrongful birth claims generally allege that providers failed to meet the standard of care when treating, testing, and informing mothers and parents and their unborn babies, and that such a failure deprived the mother / parents of information that would have been essential in making decisions not to conceive or carry the child.

A wrongful birth lawsuit may involve:

Failure to diagnose genetic disorders or birth defects.
Genetic testing errors, lab errors, and failure to accurately interpret results.
Failure to offer genetic counseling, order necessary tests, or inform parents of risks.
Failure to diagnose maternal infections or complications, resulting in birth injuries.
Failure to adequately perform sterilization or termination.

If your doctor did not properly diagnose a serious medical problem with a fetus during the pregnancy or failed to meet the standard of car by depriving you of the right to make an informed decision about pregnancy, you may have legal options.

Our New Jersey wrongful birth attorneys can evaluate your options and how we may be able to represent you in your claim. Contact us for a free consultation.

What Damages Can Families Recover for Wrongful Birth?

Serious genetic disorders and defects can have life-altering consequences for children, parents, and entire families. As civil claims, wrongful birth lawsuits are intended to hold at-fault parties accountable for their negligence and financially responsible for the damages victims incur. This includes the economic and non-economic damages that arise from a child’s condition.

Recoverable damages in wrongful birth cases can include:

Hospital and medical bills
Medications and medical devices
Rehabilitation, therapy, specialized care
Future medical expenses
Past and future lost income
Pain and suffering

Wrongful birth lawsuits can be complicated and contested claims. Parents must be able to prove that essential information would have greatly influenced a “reasonable” person’s decision, and that providers were negligent in their failure to provide such information. Providing these types of burdens requires extensive investigation and collaboration with medical experts.

Levinson Axelrod, P.A. is an award-winning Tier 1 U.S. News “Best Law Firms” injury practice that has won more than $1 billion in compensation for clients. If you have questions about pursuing a wrongful birth action or birth injury lawsuit over genetic counseling or testing errors, our attorneys are available to discuss your case and whether you may have grounds for a claim.

Call or contact us online to request a free case evaluation.

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Helping Clients Get the Compensation They Need

Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Personal Injury Settlement $2,500,000
A $2.5 million settlement secured by Levinson Axelrod, P.A. Partner Brett Greiner.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.

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