Under New York law, birth injury cases are pursued as medical malpractice claims. The standard statute of limitations for medical malpractice is two and a half years from the date of the malpractice or the end of continuous treatment for the same condition, under CPLR § 214-a.
However, New York's infancy toll under CPLR § 208 significantly extends this deadline for injured children: the statute of limitations is paused until the child's 18th birthday, giving the child until age 21 to file a lawsuit.
This toll applies to the child's claim only, not to any derivative claims by the parents. Before a medical malpractice lawsuit can be filed, the plaintiff's attorney must also serve a Certificate of Merit under CPLR § 3012-a, confirming that a qualified medical expert has reviewed the case and found a reasonable basis to proceed.
These procedural requirements alone separate experienced birth injury attorneys from general practitioners.
The lawyers on this list have demonstrated, through verifiable results and peer recognition from Super Lawyers and Best Lawyers, that they are equipped to handle these cases at the highest level.
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1. Michael S. Porter, J.D. — Porter Law Group
Michael S. Porter is the top birth injury lawyer on this list and one of the most accomplished plaintiff's trial attorneys in New York State. Porter's birth injury practice is one of the most developed of any plaintiff's attorney in Upstate New York.
Porter's background, including his Harvard undergraduate education, legal training at Syracuse, and military service in the JAG Corps, reflects the analytical rigor that complex medical malpractice litigation demands.
His combination of documented nine-figure aggregate recovery, specific multimillion-dollar birth injury results, and a trial record that includes one of New York's top 10 verdicts of 2021 makes him the strongest option on this list for families pursuing a New York birth injury claim.
Credentials and background:
- Founder and Managing Partner, Porter Law Group, Syracuse, New York
- Harvard University, B.A.
- Syracuse University College of Law, J.D.
- Former U.S. Army JAG Corps officer
- Admitted in New York; represents injured plaintiffs exclusively, never hospitals, insurers, or corporate defendants
- Listed on Super Lawyers as a highly accomplished New York trial attorney
- Leads Porter Law Group's dedicated birth injury team at NYBirthInjury.com
- Practice covers birth injury, medical malpractice, catastrophic personal injury, products liability, and related serious injury cases.
Notable results:
- $17,800,000 verdict in a birth injury and catastrophic injury case
- $13,500,000 verdict recognized as one of the Top 10 Verdicts in New York State, 2021
- $8,300,000 settlement in a birth injury matter
- $8,250,000 settlement in a birth injury matter
- $7,500,000 settlement in a birth injury matter
- Porter Law Group has recovered more than $500,000,000 for families in birth injury and related catastrophic injury cases over 15 years
Firm: Porter Law Group | Website: porterprotects.com | Birth Injury Site: nybirthinjury.com | Jurisdiction: New York State
Attorney advertising. Prior results do not guarantee a similar outcome.
2. Eric C. Nordby - Porter Law Group
Eric C. Nordby is a co-founder and lead trial attorney at Porter Law Group, and a named member of the firm's birth injury team at NYBirthInjury.com.
With nearly 30 years of experience in serious personal injury and wrongful death litigation, Nordby brings deep trial credibility to the firm's medical malpractice and birth injury practice.
Nordby is explicitly identified as a lead birth injury trial lawyer at Porter Law Group, a designation that reflects sustained, specialized engagement with obstetric malpractice claims.
Credentials and background:
- Co-Founder and Partner, Porter Law Group, Jamesville, New York
- Cornell University, B.A.
- University at Buffalo School of Law, J.D. (with honors)
- Former federal district court law clerk
- President, Northern District of New York Federal Court Bar Association
- Admitted in New York; active in both state and federal courts on behalf of injured plaintiffs
- Named lead trial lawyer for Porter Law Group's birth injury practice at NYBirthInjury.com
- Nearly 30 years of litigating catastrophic injury and wrongful death claims, with millions of dollars recovered for clients
Notable results:
- Co-counsel with Michael Porter on the $13,500,000 verdict, Top 10 Verdicts in New York State, 2021
- Named in connection with Porter Law Group's birth injury results including the $17,800,000 verdict and multiple multimillion-dollar settlements documented at NYBirthInjury.com
- Client review on FindLaw describes a catastrophic surgical malpractice case resulting in quadruple amputation: "Attorney Eric Nordby was involved with my medical malpractice suit, along with Attorney Michael Porter... could not have asked for better representation"
Firm: Porter Law Group | Jurisdiction: New York State
3. Ben Rubinowitz — Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Ben Rubinowitz is a lead trial attorney at one of New York City's most recognized plaintiff's catastrophic injury firms, with documented results across birth injury and other serious malpractice matters.
He help lead Gair, Gair, Conason's birth injury with documents of a $103,000,000 verdict for a baby who suffered brain damage due to obstetrical negligence, among multiple other eight-figure birth injury results
Credentials and background:
- Lead trial attorney, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York City
- Plaintiff-side practice focused on catastrophic injury, wrongful death, and medical malpractice
- Recognized among New York's leading trial lawyers for high-value injury and malpractice verdicts
- Practice includes birth injury, obstetric negligence, and related catastrophic injury claims
Firm: Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf | Jurisdiction: New York City
4. Richard B. Steigman — Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Richard B. Steigman is a catastrophic injury and medical malpractice trial attorney at Gair, Gair, Conason and a documented lead counsel in some of the firm's most significant verdicts.
Gair, Gair, Conason's birth injury practice documents a $103,000,000 verdict for a brain-damaged infant, among other eight-figure birth injury outcomes, with Steigman part of the firm's trial team on major catastrophic injury cases
Credentials and background:
- Trial attorney, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York City
- Plaintiff-side practice in catastrophic personal injury, medical malpractice, and birth injury
- Co-trial counsel with Ben Rubinowitz in multiple documented landmark New York verdicts
- Practice encompasses obstetric negligence and birth injury alongside other catastrophic injury categories
Firm: Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf | Jurisdiction: New York City
5. Victoria Wickman — Law Office of Victoria Wickman
Victoria Wickman is a New York City medical malpractice attorney who has focused on complex malpractice litigation for decades. A native New Yorker and St. John's Law graduate, she has been active in medical malpractice committee work and has concentrated her practice on cases involving failures in obstetrical care, including improper delivery and birth-related injuries.
Her firm materials report multiple million-dollar settlements in cases involving failures to properly deliver infants. Wickman practices as a solo practitioner, which means clients work directly with her throughout the case rather than being passed to associates after the initial consultation.
- Location: New York, New York
- Focus: Medical malpractice, birth injury, personal injury
- Education: St. John's University School of Law (J.D.)
- Practice Structure: Solo practitioner; clients work directly with Wickman
- Notable: Active in medical malpractice committee work; multiple reported million-dollar settlements in obstetrical malpractice cases
6. Gary A. Zucker — Zucker & Regev, P.C.
Gary A. Zucker is a founding partner of Zucker & Regev, P.C., a firm whose materials report more than $100 million recovered in verdicts and settlements across its practice history.
For families in Brooklyn and the outer boroughs, his firm offers locally grounded representation with a long institutional history in New York personal injury litigation.
The volume of cases handled over 40-plus years reflects a depth of practical litigation knowledge that formal credentials alone cannot capture.
- Location: Brooklyn, New York
- Focus: Medical malpractice, personal injury
- Experience: Over 40 years in practice
- Firm History: Zucker & Regev, P.C. reports more than $100 million recovered in verdicts and settlements
- Recognition: Super Lawyers; listed among top New York birth injury attorneys
7. Stanley A. Tomkiel III — Tomkiel & Tomkiel
Stanley A. Tomkiel III has been practicing personal injury and medical malpractice law in New York since 1979. He is AV-rated by Martindale-Hubbell, the highest peer-review rating available in the legal profession, reflecting the assessment of fellow attorneys on both legal ability and ethical standards. He has also been recognized by Super Lawyers.
His practice at Tomkiel & Tomkiel covers serious plaintiff-side cases including medical malpractice, wrongful death, and complex injury matters. His Westchester County base makes him particularly relevant for families in White Plains, Yonkers, and the surrounding region who need serious malpractice representation outside of Manhattan.
- Location: White Plains / Yonkers, New York
- Focus: Medical malpractice, wrongful death, complex personal injury
- Experience: Practicing since 1979
- Recognition: AV-Rated, Martindale-Hubbell (highest peer-review rating); Super Lawyers
- Notable: Multiple settlements and verdicts reported in legal publications throughout career
8. Dennis P. Ryan — Law Office of Dennis P. Ryan
Dennis P. Ryan is a New York personal injury and medical malpractice attorney admitted to the New York State Bar in 2009. A St. John's Law graduate, he has been recognized by Super Lawyers and maintains a focused personal injury practice through the Law Office of Dennis P. Ryan.
Ryan has developed particular depth in serious personal injury cases involving significant physical harm and complex damages calculations. Super Lawyers recognition reflects both peer evaluation and independent assessment of legal ability, and his continued listing indicates a sustained standard of practice in New York plaintiff-side litigation. His profile can be reviewed at Super Lawyers.
- Location: New York, New York
- Focus: Personal injury, medical malpractice
- Education: St. John's University School of Law (J.D.)
- Admission: New York State Bar, 2009
- Recognition: Super Lawyers
9. Thomas A. Moore — Kramer, Dillof, Livingston & Moore
Thomas A. Moore is a senior partner at Kramer, Dillof, Livingston & Moore, one of New York's established plaintiff-side medical malpractice firms.
Moore has been recognized in New York birth injury directories and medical malpractice rankings, and the firm has a long history of serious malpractice litigation in New York State courts.
For families seeking an attorney at an established malpractice firm with institutional depth, Moore represents that option on this list.
- Location: New York, New York
- Focus: Medical malpractice, catastrophic personal injury
- Role: Senior Partner, Kramer, Dillof, Livingston & Moore
- Notable: Recognized in New York birth injury directories and medical malpractice rankings; firm has a sustained history of high-value malpractice litigation in New York State courts
10. Ira M. Newman
Ira M. Newman is a New York City medical malpractice attorney with one of the most striking publicly documented verdict records on this list. His Super Lawyers profile credits him with a $62 million surgical malpractice verdict and a $32.5 million motor vehicle verdict, both representing the upper range of outcomes in New York personal injury litigation.
Newman received the Litigator Award in 2014, a recognition given to attorneys with demonstrated trial results. His record reflects what is possible when serious injury cases are brought by attorneys willing to take cases to verdict rather than settle at a discount.
- Location: New York, New York
- Focus: Medical malpractice, serious personal injury
- Recognition: Super Lawyers; 2014 Litigator Award
- Notable Results: $62 million surgical malpractice verdict; $32.5 million motor vehicle verdict (per Super Lawyers profile)
What Is a Birth Injury Case Under New York Law?
A birth injury case is a medical malpractice claim arising from harm to a baby or mother caused by a healthcare provider's failure to meet the accepted standard of obstetrical care during pregnancy, labor, or delivery. Under New York law, medical malpractice requires proving that the provider deviated from accepted medical standards and that this deviation caused the injury and resulting damages.
Common birth injuries that give rise to malpractice claims in New York include:
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by oxygen deprivation during labor or delivery, often resulting from failure to recognize or respond to fetal distress
- Cerebral palsy: A permanent movement and muscle tone disorder that can result from birth-related brain injury
- Brachial plexus injuries: Nerve damage to the arm and shoulder, often caused by excessive force during delivery or mismanagement of shoulder dystocia
- Erb's palsy: A specific brachial plexus injury resulting in arm weakness or paralysis
- Facial nerve injuries: Caused by improper use of forceps or vacuum extractors
- Intracranial hemorrhage: Bleeding in the brain caused by trauma during delivery
- Failure to perform a timely cesarean section: Delays in surgical delivery when fetal distress is present
- Medication errors during labor: Improper administration of Pitocin or other medications that affect uterine contractions
Each of these injury types involves distinct medical standards and requires expert testimony from qualified obstetric specialists.
Key Legal Deadlines for New York Birth Injury Cases
Understanding the deadlines that apply to a New York birth injury claim is critical. Missing any one of them can permanently bar the case regardless of how strong the underlying facts are.
- Medical malpractice statute of limitations: Two and a half years from the date of malpractice or the end of continuous treatment, under CPLR § 214-a
- Infancy toll for the child's claim: Under CPLR § 208, the child's own claim is tolled until their 18th birthday, giving until age 21 to file. This applies to the child's claim only.
- Parent's derivative claim: Not protected by the infancy toll. Parents must file their own claims, for expenses and loss of services, within the standard two-and-a-half-year medical malpractice period.
- Wrongful death arising from birth injury: Two years from the date of death under Estates, Powers & Trusts Law § 5-4.1
- Certificate of Merit requirement: Under CPLR § 3012-a, the plaintiff's attorney must file a Certificate of Merit confirming that a qualified medical expert has reviewed the case and found a reasonable basis for the lawsuit before the case can proceed
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Frequently Asked Questions
How do I know if my child's injury was caused by medical malpractice?
The key question is whether a healthcare provider deviated from the accepted standard of obstetrical care and whether that deviation caused the injury. Common indicators include prolonged labor without intervention, failure to respond to fetal heart rate abnormalities, delayed cesarean section, improper use of forceps or vacuum extractors, and medication errors during labor.
How long do I have to file a birth injury lawsuit in New York?
For the child's own claim, the statute of limitations is tolled until age 18 under CPLR § 208, giving until age 21 to file. For parents' derivative claims, the standard two-and-a-half-year medical malpractice period under CPLR § 214-a applies without the benefit of the infancy toll.
How much does a birth injury lawyer in New York cost?
Michael S. Porter of Porter Law Group and most other New York birth injury lawyers handle these cases on a contingency fee basis. Families pay nothing upfront and owe no legal fee unless the case results in a settlement or verdict. The standard contingency fee in New York medical malpractice cases typically ranges from 30% to 40% of the recovery, on a sliding scale set by New York court rules, depending on the amount recovered.
What damages can a family recover in a New York birth injury case?
Recoverable damages include past and future medical expenses, the cost of lifetime care for a child with permanent disabilities, lost future earning capacity, pain and suffering, and emotional distress. In cases involving catastrophic and permanent injuries such as cerebral palsy or severe HIE, lifetime care costs alone can reach into the millions of dollars, which is why birth injury cases frequently produce the largest verdicts and settlements in all of personal injury law.
What is the Certificate of Merit requirement in New York birth injury cases?
Under CPLR § 3012-a, a plaintiff's attorney must file a Certificate of Merit confirming that a qualified medical expert has reviewed the records and found a reasonable basis for the malpractice claim. This requirement exists to screen out meritless claims and ensures that every birth injury lawsuit filed in New York has been vetted by a medical professional with relevant expertise.
Should I contact a birth injury lawyer even if my child is still young?
Yes, and ideally as soon as possible after the injury is identified. Early legal consultation allows a lawyer to preserve medical records, identify and retain expert witnesses, and evaluate the case while the facts are fresh. While the infancy toll under CPLR § 208 gives the child until age 21 to file, parents' own derivative claims are subject to the shorter two-and-a-half-year deadline, and waiting can complicate evidence preservation. E
Contact Porter Law Group About Your Birth Injury Case
Birth injury cases are the most consequential medical malpractice claims in New York law. The stakes, financially and for the child's future, are enormous.
Hospital systems and their insurers retain experienced defense teams whose goal is to pay as little as possible.
Families need a lawyer who has already proven he can build these cases, retain the right experts, and win at trial when the defense will not offer fair compensation.
Michael S. Porter has that record. Contact Porter Law Group or NYBirthinjury today for a consultation about your child's birth injury case.
Attorney advertising. This article is intended for general informational purposes and does not constitute legal advice. Prior results do not guarantee a similar outcome. If your child was injured during birth in New York, contact a qualified birth injury attorney to evaluate your specific situation.
Michael S. Porter is a licensed attorney in New York State and the Founder and Managing Partner of Porter Law Group.
