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Birth Trauma Litigation



Obstetrical negligence claims are among the most complex medical cases to litigate. The strongest defense is grounded in a depth of specialized knowledge and broad experience.  The extensive body of medical literature involving the peripartum period is constantly growing and staying up-to-date with the research is essential to a top quality defense.  Multiple national organizations, such as ACOG, AWHONN and AAP, regularly publish and update guidelines that may be implicated in the defense of these cases.  Effective representation requires not only familiarity with obstetrics and obstetrical nursing but also an understanding of interrelated aspects of neonatology, placental pathology, neurology, genetics and neuroradiology.  While it is easy to recognize the potential economic impact of being sued for alleged birth trauma, the emotional toll these suits can exact from defendants is often overlooked.  Counsel with first-hand familiarity with the realities of clinical practice and experience shepherding defendants through the process can be an invaluable asset in minimizing this stress and maximizing the defendant’s ability to effectively participate in a vigorous defense.

With the largest medical malpractice defense group in the metropolitan St. Louis area, Sandberg Phoenix brings extensive organizational resources to the defense of birth trauma cases and risk management consultations to help reduce litigation exposure arising from obstetrical services. The Sandberg Phoenix Birth Trauma team is anchored by Shareholders Kenneth W. Bean and Bobbie J. Moon.

Kenneth W. Bean, a founding member of Sandberg Phoenix, has more than 35 years of litigation experience defending medical providers. He has tried more than 50 cases to completion in the past ten years, including ten high-exposure birth trauma cases. Seven of those cases concluded with a defense verdict. Ken is a Fellow of the American College of Trial Lawyers and was recognized as 2011 St. Louis Best Lawyers Medical Malpractice Lawyer of the Year. He has been named one of the best trial attorneys in the country for eight consecutive years in the categories of medical malpractice, health care and personal injury litigation by Best Lawyers.

Bobbie J. Moon, CNM, JD, has more than 12 years of litigation experience primarily representing obstetricians, obstetrical residents and labor and delivery nurses. As a Certified Nurse Midwife, Bobbie has personally delivered 600 babies and has attended or managed hundreds more labors. Her clinical experience includes caring for low-risk and high-risk obstetrical patients at two major academic medical centers: Grady Memorial Hospital of Emory University, Atlanta, Georgia, and Barnes-Jewish Hospital, St. Louis, Missouri. She maintains active licensure as a registered nurse and recognition as a Certified Nurse Midwife as well as current certification in Electronic Fetal Monitoring . She is a member of the American College of Nurse Midwives (ACNM) and the Association of Women’s Health, Obstetric and Neonatal Nurses (AWHONN).

The Sandberg Phoenix Health Law Birth Trauma team of attorneys offers services including:

  • Lead defense counsel

  • Consultation services for local counsel

    • Witness preparation

    • Expert retention, review and preparation

    • Developing cross-examination of plaintiff’s expert

    • Literature review

    • Fetal monitor tracing interpretation

    • Defense strategy

    • Assessing verdict exposure and settlement value

    • Assisting with mediation

  • Risk management services

The best defense against any birth trauma litigation is pre-emptive and our combined legal and obstetrical experience can serve as a practical risk-management resource.  We can assist with evaluating policies and procedures, reviewing or drafting consent documents, assisting in the development of template notes and orders for electronic medical record systems and providing staff education.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard a law firm with a primary office located in Downtown St. Louis, Missouri. Website Design by Timmermann Group