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Start the conversation

612-349-2729




Start the conversation

612-349-2729




We’re trial lawyers. Our core competency – above everything else – is trying
cases to juries. And we specialize in beating giants.


MINNESOTA BIRTH ASPHYXIA LAWYER

Many babies born with asphyxia die. Those that live often face a lifetime of
hardship due to their lifelong brain and other physical injuries. Birth asphyxia
can cause hypoxic-ischemic encephalopathy (HIE), cerebral palsy (CP), and other
disabilities.  

What is birth asphyxia?

Birth asphyxia is the medical condition that results when an infant is deprived
of oxygen and nutrients before, during or immediately after birth. In order to
be diagnosed with birth asphyxia — also referred to as neonatal or perinatal
asphyxia —the baby’s oxygen deprivation must have lasted long enough during the
birth process to cause physical harm.

Most birth asphyxia injuries fall under one of the following categories:

 * Acute near total asphyxia. Also referred to as basal ganglia-thalamus pattern
   of injury, acute near total asphyxia is a brain injury that commonly results
   in severe cases of cerebral palsy.
 * Partial, prolonged asphyxia. Partial, prolonged asphyxia often results in
   slow head growth, cognitive impairments, language delays, and behavior
   problems.

What causes birth asphyxia?

In many cases, birth asphyxia is the result of medical malpractice. This is a
heartbreaking realization for parents who rely on doctors, nurses and hospitals
to provide a certain standard of care during prenatal care, labor and delivery.
It can feel like the worst betrayal to realize the medical care providers you
trusted acted negligently. While nobody can turn back time and prevent the birth
injury from occurring, a Minnesota Birth Injury Attorney can help you find the
resources to care for your child in the best way possible. 

How does birth asphyxia happen?

Birth asphyxia is often the result of medical malpractice that occurs either
because the birth was not attended to properly or because the mother had a
diagnosable condition that was not taken into account during birth. For
instance, birth asphyxia may occur as a result of:

 * Uterine rupture, where the uterus completely or partially tears
 * Placental abruption, where the placenta separates from the uterus before the
   baby is born
 * Umbilical cord prolapse, where the umbilical cord drops through the open
   cervix into the vagina ahead of the baby, becoming trapped against the baby’s
   body during delivery
 * Failure to properly manage a high-risk pregnancy
 * Infections during labor and delivery that were not properly diagnosed and
   treated
 * Improper monitoring of fetal heartrate
 * Failure to intervene during prolonged labor
 * Inducing labor with dangerously strong uterine contractions

How is birth asphyxia diagnosed?

Each baby experiences symptoms of birth asphyxia differently. However, there are
common symptoms that indicate that birth asphyxia is present. Some of these
occur before delivery and others occur immediately following birth.  

Before delivery, a baby experiencing birth asphyxia may have:

 * An abnormal heart rate or rhythm
 * An increased level of acid in his or her blood

At the time of birth, symptoms of asphyxia can include:

 * A bluish or unusually pale skin color
 * A low heart rate
 * Weakened muscle tone and slow or undetectable reflexes
 * A very weak cry, gasping for breath, and/or weak breathing
 * A pH level in the arterial blood of the umbilical cord that is less than 7.00
 * A low Apgar score, usually zero to three, for longer than five minutes
 * Signs of neurological problems, such as seizures, coma and poor muscle tone
 * Low blood pressure or other signs of respiratory distress
 * Circulatory or digestive system problems

What can I expect as I raise a child with birth asphyxia?

How birth asphyxia will affect your child depends on a number of factors,
including when the oxygen deprivation occurred and how long it lasted. If your
baby experienced moderate to severe asphyxia that has resulted in brain damage
and/or physical disabilities, you’ll probably need to make home, educational,
social, and even occupational adjustments.

Depending on the severity of your child’s disability and any co-morbidities they
develop, you may face all kinds of physical and behavioral health issues,
including:

 * Learning disabilities
 * Developmental delays
 * Sensory processing issues
 * Language disorders, including speech delays
 * Hearing issues
 * Vision issues
 * Pain management issues
 * Orthopedic issues
 * Neurological disorders
 * Emotional and behavioral issues
 * Respiratory conditions
 * Skin diseases and disorders
 * Orthopedic issues and pain

What types of compensation could I receive?

Your child may need around-the-clock care for his or her entire lifetime. The
resources that it will take to ensure proper care are going to be significant.
Not only are you going to need to adjust everything in your life to accommodate
your special needs child, you also are going to have to make sure that they will
be taken care of in the event you are no longer able to care for them yourself.
Some of the matters you may need substantial financial resources for include:

 * Making your home safe and handicap accessible for your child both now and as
   he or she grows up
 * Being able to transport your child to and from your home
 * Acquiring all of the adaptive equipment your child will need now and in the
   future, including wheelchairs, and assessable beds, toilet seats and bathing
   adaptations
 * Accessing all of the assistive technology your child will require
 * Making sure your child has access to the proper special education resources
 * Providing for a lifetime of medical care and medications
 * Continuing physical, occupational, and/or behavioral therapy

In addition, you are entitled to recover for other losses, such as:

 * Your lost wages as a result of having to care for your child or your child’s
   loss of earning capacity
 * The pain and suffering and emotional distress this tragedy has caused you,
   your child, and your family

Under Minnesota law, damages for medical malpractice are unlimited. In other
words, you are entitled to seek amounts to cover all of the costs that will be
incurred for your child’s entire lifetime. In certain cases, you can also
recover additional damages that, rather than being linked to the actual cost of
care, are intended to punish those who caused the harm.

How can I be sure that I have a medical malpractice case?

The only way to understand the strength of your case and what your options are
is to consult with an experienced Minnesota Medical Malpractice Attorney. We
invite you to sit down with one of our experienced lawyers as soon as possible
to undergo a thorough case review. There are legal time limits for bringing suit
and a successful medical malpractice lawsuit depends on filing the case on time,
as well as collecting, preserving, and properly presenting all the relevant
evidence.

To learn more, please call our Minnesota Medical Birth Injury Lawyer today at
612.349.2729.

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THE MADIA LAW WAY

We have a process that works in getting exceptional results for our clients. 

 1. Investigation and legal research. 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. 

 2. Demand letter. 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.

 3. Complaint. 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.

 4. Detailed written discovery. 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.

 5. Depositions. 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.
 6. Dispositive motions. 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.

 7. Last Chance. 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.
    
    
 8. Trial. 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.


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WHAT OUR CLIENTS SAY

Madia Law LLC is a great law firm. They take cases to trial and win. They are
very bright attorneys that work in your best interest. My experience with Madia
Law LLC was fantastic, they took my case and we won it. Plus, they treat their
clients like family and do exactly what was agreed upon. I highly recommend
Madia Law LLC to all my friends, family, loved ones and strangers.
Orlando Samuels

Madia Law far exceeded all our expectations. We retained Ashwin after being sued
in Minnesota state courts, and he quickly brought our case (and our mediation)
to a close with a resolution that substantially exceeded our expectations (while
tracking closely to his guidance about the most likely disposition of our
matter). Ashwin was efficient, cost effective, and consistently well-prepared,
and is clearly highly respected among his colleagues in the Minnesota bar. (We
ran into members of the judiciary and bar who he had cordial relationships with
during each of our multiple trips to the courthouse.) I would not hesitate to
recommend him unconditionally for any litigation matter.
Craig Fleishman

I got great advice and personal attention from both Ashwin, Josh, and Sara. My
claim was resolved to my satisfaction, but more to the point, they listened and
understood the issues. Heartily recommend.
Deborah Jensen

Madia Law LLC is a great law firm. They take cases to trial and win. They are
very bright attorneys that work in your best interest. My experience with Madia
Law LLC was fantastic, they took my case and we won it. Plus, they treat their
clients like family and do exactly what was agreed upon. I highly recommend
Madia Law LLC to all my friends, family, loved ones and strangers.
Orlando Samuels

Madia Law far exceeded all our expectations. We retained Ashwin after being sued
in Minnesota state courts, and he quickly brought our case (and our mediation)
to a close with a resolution that substantially exceeded our expectations (while
tracking closely to his guidance about the most likely disposition of our
matter). Ashwin was efficient, cost effective, and consistently well-prepared,
and is clearly highly respected among his colleagues in the Minnesota bar. (We
ran into members of the judiciary and bar who he had cordial relationships with
during each of our multiple trips to the courthouse.) I would not hesitate to
recommend him unconditionally for any litigation matter.
Craig Fleishman


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contact us today

612-349-2729

Madia Newville is a trial firm that represents individuals against corporations
and the government in cases involving civil rights, constitutional
law, employment law, wrongful termination, unpaid wages, sexual harassment,
police brutality and excessive force, police misconduct, wrongful death, class
actions, whistleblowers, catastrophic injuries, medical malpractice, securities
litigation, and more.

Hours: Mon-Fri 8:30-5
Phone: 612-349-2729
Fax: 612-235-3357 

1850 IDS Center
80 South 8th Street
Minneapolis, MN 55402

We do not accept unscheduled visits.
Please contact us via phone or email.



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