Mattioli & Munley are partners with the Law Firm of Minora, Minora, Colbassani, Krowiak, Mattioli & Munley.

Birth Injury

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Birth injury is prevalent and preventable.

In some cases, birth injury is unavoidable, but it may have been preventable by your healthcare provider. Many cases of birth injury occur due to negligence or medical malpractice. Birth injury cases are complex, and the attorneys at Mattioli & Munley have the experience and dedication to handle your situation. If you are the parent of a child with a preventable birth injury, Mattioli & Munley can help.

There are hundreds of types of birth injuries, but some of the most prevalent include:


Cerebral palsy


Erb's palsy


Brain damage


Spinal cord damage



Birth Injury News

More Required Trucker Hours = More Truck Crashes

Senator Susan Collins (R-Maine) is trying to put our communities’ safety in jeopardy.  We have to act, and we have to act NOW. Every year, almost 4,000 people are killed and another 100,000 more are injured in truck crashes (tractor trailer crash, semi crash).  According to a 2006 survey, nearly half – HALF! – of all truck drivers admitted that they fell asleep at least once in the previous year.  Imagine that, truck drivers pulling several ton vehicles, falling asleep with our mothers, fathers, children, sisters and brothers on the road. Before you think this isn’t your problem, know that truck crashes cost our country $99 BILLION every single year. It’s easy to blame the truck drivers for driver fatigue – the driver should have rested, should have pulled over etc.  But there are more culpable people here.  Just like you and I, truck drivers have a job to do and a boss to listen to.  Oftentimes, the trucking companies force their drivers to drive so many miles in a day that sufficient rest isn’t possible. We wouldn’t want a tired surgeon operating on us.  We don’t want tired truckers behind the wheel either. Right now, trucking companies can require their drivers to work 70 hours a week.  Sen. Collins is trying to sneak a provision into the upcoming government funding bill increasing that number. While this bill is being introduced under the guise of avoiding another partisan government shutdown, there is absolutely no reason that our roads should be made deadlier in the process.  The provision Sen. Collins has prepared would reduce our roadway protections which require truck drivers to rest/sleep for a certain... read more

Failure to Diagnose Prenatal Infections Can Lead to Birth Injuries

It is possible for an infant to develop an infection during the delivery process. Chorioamnionitis (infection of the placenta) and Group B streptococcal septicemia (GBS) are two types of infections that a mother can pass along to a newborn if a prenatal diagnosis is delayed. Early diagnosis and treatment of GBS and Chorioamnionitis can decrease a child’s risk of suffering serious birth injuries. Failure to diagnose and treat these infections could lead to permanent of physical and metal disabilities. Close attention and antibiotics can lower a woman’s chance of passing GBS along to her infant. When a doctor fails to treat, diagnose and prevent GBS birth injuries, the baby may develop meningitis, hearing loss or developmental problems. In some cases, the effects of GBS can be fatal. Antibiotics can also be used to treat Chorioamnionitis if the infection is diagnosed in time.  A Chorioamnionitis misdiagnosis can cause learning disabilities and physical impairments such as abnormal movements and muscle tightness or weakness or a condition known as cerebral palsy. Mothers trust in the deliveryroom staff to conduct the proper tests to ensure their child is born in the best of health.  When that trust is betrayed, the negligent party should be held accountable. View original article... read more

Wal-Mart Blames the Victims in Tracy Morgan Crash

In the wake of the semi truck crash that seriously injured comedian Tracy Morgan and others and which killed comedian James (“Jimmy Mack”) McNair, Wal-Mart said it would “take full responsibility” if its tractor trailer caused the accident.  However, Wal-Mart’s latest court filingshows those words had little meaning. Instead of accepting responsibility for its employee, Wal-Mart has attempted to “pass the buck”, engage in frivolous defenses, and blame the victim.  Just take a look at the boiler-plate affirmative defenses that Wal-Mart asserts without any reference to facts or evidence in the case. 1st and 2nd Affirmative Defenses: Wal-Mart claims the lawsuit fails to state vicarious liability action against Wal-Mart.  Vicarious liability is a legal doctrine that states that an employer is legally responsible for the conduct of its employee while the employee is performing the functions of his or her job. The employer is held is legally responsible for the negligence of its employee because the employee is acting as an agent of the employer. “For example, if the driver of a gasoline delivery truck runs a red light on the way to a gas station and strikes another car, causing injury, the gasoline delivery company will be responsible for the damages if the driver is found to be negligent.” – Legal Dictionary example We already know the driver, Kevin Roper, is a Wal-Mart employee.  And we already know he was in the process of driving Wal-Mart’s semi truck as part of his job.  And we know that Morgan’s attorneys have claimed that Roper was negligent in driving the Wal-Mart semi truck without sleep for over 24 hours.  Yet, Wal-Mart frivolously claims a failure “to set for any facts which are... read more

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