Birth injuries can occur when healthcare providers fail to properly assess risk factors, respond to emergency situations, or meet the standard of care during labor and delivery. Most babies are delivered head first, making the head, neck, and shoulders most vulnerable to injury. If your child suffered a birth injury due to medical negligence — including cerebral palsy, brachial plexus injuries, or oxygen deprivation — Schwaner Injury Law will fight for the compensation your family needs.
Every case is different, but victims of birth injury may be entitled to recover:
David J. Schwaner has spent over two decades fighting for Chicago injury victims. With a 98% case recovery rate and more than $10 million recovered for clients, he brings aggressive, experienced representation to every case — from initial consultation through trial if necessary.
You pay nothing unless we win. David handles all case costs upfront, so you can focus on your recovery while he focuses on your justice.
Illinois generally allows 8 years from the date of birth to file a medical malpractice claim for a minor child, or until the child turns 22 — whichever is later. However, parents' own claims have different, shorter deadlines. Consult us promptly.
A birth defect is typically genetic or developmental. A birth injury results from a preventable event during pregnancy, labor, or delivery — often due to medical negligence.
Yes. Cerebral palsy caused by hypoxic-ischemic encephalopathy (oxygen deprivation) during delivery is one of the most common birth injury claims. Medical negligence that delayed necessary intervention may be actionable.
Some birth injuries are not immediately apparent. If a diagnosis comes months or years later, the statute of limitations may run from the date of diagnosis or when you discovered the potential malpractice.
David Schwaner handles all birth injury cases on a contingency fee basis — you pay nothing unless we win. We front all case expenses and are compensated only from your recovery.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll tell you if you have a case — no obligation.
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From first call to final settlement or verdict — here's exactly how David Schwaner fights for birth injury victims in Chicago.
We evaluate your birth injury case at absolutely no cost. You'll speak directly with David Schwaner — not a paralegal or intake specialist — about what happened and what your case is worth.
We gather all critical evidence — police reports, medical records, surveillance footage, expert opinions, and witness statements. We send preservation letters immediately to prevent evidence from being destroyed.
We prepare a comprehensive demand package and negotiate aggressively with the insurance companies. We never accept lowball offers. Insurance adjusters know that Schwaner Injury Law is prepared to go to trial.
Most cases settle before trial for fair compensation. If the insurer refuses to offer what your case is worth, David Schwaner takes it to Cook County court and fights for a jury verdict. We don't stop until you're fairly compensated.
You receive your settlement or verdict. Our fee comes only from your recovery — zero out of pocket costs to you. No fee unless we win, guaranteed.
Understanding Illinois law helps you protect your rights. Here's what every birth injury victim in Chicago needs to know before speaking with an insurance company.
David Schwaner has recovered over $15 million for injured Chicagoans — including birth injury victims with cases just like yours.
Over 20 years handling birth injury cases in Cook County courts. David knows the judges, the process, and how to win.
Call or text David Schwaner anytime — day or night. Injured victims don't keep business hours, and neither do we.
No upfront costs. No fees unless we win your case. We advance all litigation expenses so you can focus on healing.
Illinois-specific answers to the questions injured victims ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
Illinois birth injury cases are subject to special statutes of limitations. For injured children, the deadline is 8 years from the date of the negligent act, but no later than the child's 22nd birthday (735 ILCS 5/13-212(b)). For parents suing for their own injuries during delivery, the standard 2-year medical malpractice deadline applies. These extended deadlines exist because birth injuries are often not fully recognized until years later.
Preventable birth injuries we handle include: cerebral palsy caused by oxygen deprivation (hypoxic-ischemic encephalopathy), brachial plexus injuries (Erb's palsy) from improper delivery techniques, skull fractures from forceps or vacuum delivery, failure to perform a timely C-section, and brain damage from untreated jaundice (kernicterus). These injuries are often the result of clear medical negligence that could have been avoided.
Proving medical negligence in a birth injury case requires expert medical testimony establishing the standard of care, how the healthcare provider deviated from it, and how that deviation caused the child's injury. David Schwaner works with board-certified OB/GYN, neonatology, and neurology experts to analyze delivery records, fetal monitoring strips, and nursing notes to build an airtight case.
Birth injury cases — especially those involving cerebral palsy or permanent neurological damage — are among the highest-value medical malpractice cases in Illinois. Lifetime care costs, special education, adaptive equipment, lost future earnings, and pain and suffering can push these cases into the millions. Illinois has no cap on compensatory damages, allowing full recovery for all lifetime needs.
Yes. We handle all types of preventable birth injuries including cerebral palsy, Erb's palsy/brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), brain damage from delayed C-sections, and neonatal stroke. These cases require deep medical expertise and resources — David Schwaner works with leading experts and advances all costs. Call (312) 635-4000 for a confidential free consultation.
Schwaner Injury Law handles birth injury cases throughout the Chicago metropolitan area including Chicago, Evanston, Oak Park, Naperville, Aurora, Joliet, Waukegan, Schaumburg, Downers Grove, and near major Chicago-area hospitals including Northwestern Prentice, UChicago Comer Children's, Rush, Advocate Children's, Loyola, Cook County, and Lurie Children's Hospital. Wherever you were injured in northeastern Illinois, David Schwaner can help. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.