Vermont Birth Injuries

If a baby is not delivered properly, severe injuries can be suffered due to lack of oxygen during the delivery.  This can result in damage to the baby’s brain and lifetime impairment.  A review of the history of the delivery is available through the medical records, fetal monitor strips and other physical evidence.  These are some of the most demanding cases to bring to a conclusion since the stakes are so high for the family and baby.  Winburn Law Offices has handled a number of these cases to conclusions.

The lawyers at Winburn Law Offices have handled thousands of personal injury cases over the last three decades.  Although most cases settle and are not reported in the media, see the following excerpts from local newspapers about a few of our cases over the years:




Clover Whitham

Staff Writer

“BENNINGTON — A Hoosick Falls, N.Y. couple suing Southwestern Vermont Medical Center because their son was allegedly harmed at birth claims that a key nurse was under the influence of a narcotic.”

“Patrick Winburn, the lawyer for the [Clients], recently filed a motion seeking the medical records of nurse Sequanna Skye after it was revealed in a deposition that she may have taken Percocet the day of [the baby’s] birth. Skye was the nurse in charge of fetal monitoring.”

Winburn also alleges that the hospital did not live up to an advertising campaign promising world class care.”

August 23, 2005 – Bennington Banner




“BENNINGTON (AP) — Southwestern Vermont Medical Center has settled a lawsuit charging that it lost records involving a severely brain-damaged baby.”

“They alleged that Biggers failed to properly monitor the heartbeat of their son when he was delivered at Southwestern Vermont. Biggers did not respond to signs of fetal distress, causing profound damage to the child, according to the lawsuit.”

“‘The case has been resolved to the mutual satisfaction of the parties,’ David Cleary, the hospital’s attorney, said in a brief telephone interview from Rutland.

Cleary and the [Clients’] attorney, Patrick Winburn of Manchester, declined to comment on the specifics of the settlement.”

September 29, 2004 – Bennington Banner


The lawyers of Winburn Law Offices have won millions of dollars in verdicts and settlements. These verdicts include a $2.4 million verdict in Vermont Federal Court for a woman who was struck by an automobile while crossing a street in Manchester and an award of $1.1 million in Vermont Superior Court for a man who was struck by a truck while riding his motorcycle in Northfield, Vermont. Agreements reached by pre-trial settlement also include results in excess of one million dollars.

While most cases do not guarantee verdicts or settlements of this size, our record of success in court serves all of our clients in two ways. First, it helps compensate them for the injury and losses they suffered because of someone else’s irresponsibility. Second, it contributes to our ability to reach fair settlements for our clients. Opposing lawyers and insurance companies know our track record of success in court which helps assist them in their determination of a fair settlement value of our clients’ cases.

Mr. Winburn has also been an invited speaker at the Vermont Trial Lawyers Association, the Vermont Bar Association and Vermont Association of Justice meetings including:

  • The Use of Expert Witnesses – December 2, 2016
  • Extraordinary Cross-Examination – November 19, 2010
  • A review of Vermont Verdicts – April 3, 2009
  • Bench and Bar Panel – May 30, 2008
  • Trial Advocacy In Vermont – Winning Techniques and Insights – May 10, 2007
  • A Review Of Vermont Verdicts and Settlements in 2004 – March 25, 2005
  • Persuading The Gatekeeper – Daubert And It’s Progeny – January 15, 2005
  • How To Grab The Jury With Your Opening Statement – March 19, 2004
  • Anatomy of a Jury Trial – February 7, 2003
  • Nuts and Bolts of Trial Practice – February 9, 2001
  • Opening Statement – May 11, 2001
  • Insurance Abuses – July 13, 2001
  • Trial Practice – December 7, 2001
  • Gender and Case Outcome – September 8, 2000
  • Understanding Basics – Medical Malpractice – May 12, 2000
  • Vermont Auto Insurance Law and Accident Litigation – August 26, 1999
  • Handling Medical Malpractice Cases – April 9, 1999
  • Communication – Mock Jury – June 14, 1998
  • Closing Arguments – October 9, 1998
  • Discovery: Was Trial By Ambush Better? – September 19, 1997
  • Damages: Loss of Enjoyment – May 31, 1996
  • Compulsory Physical Examinations – 1993

Contact us at (802)447-0100, (802)362-5100, toll free at (800)640-5100 or at for a free consultation.  We only handle personal injury cases in Vermont and charge a fee only if we are successful.