Navigating Heartbreak

The birth of a child is typically a joyous occasion – a culmination of hope and anticipation. Yet, for some families, when medical mistakes result in lifelong consequences for a newborn, one of life’s happiest moments can swiftly turn into a harrowing ordeal.

The medical malpractice firm Wais, Vogelstein, Forman, Koch & Norman LLC (WVFK&N) understands the profound impact of these situations all too well. Focusing on birth injury cases, the firm navigates the complex and emotional terrain where expectation meets reality, striving to deliver justice and support to those whose lives are forever altered by medical negligence.

“We deal in what I call the highest variants of expectation and outcome, because when a family goes in to give birth to a child, the expectation is that it will be the best day of their life, and when they deliver a child with brain damage, it becomes the worst day of their life,” notes Keith Forman, a partner at the firm. “As a result, over the years, we have tried to strike a balance of being authorities in this space while never losing focus on our clients. A lot of law firms say, ‘we care,’ but I like to think we’re different in that respect because our relationships with our clients don’t end once the representation is over. We stay in touch with clients and encourage them to send photos and videos and stay in contact.”

WVFK&N represents children who are injured either in the obstetrical context (from an actual birth) or during neonatal care after being born. In advocating for these families, the firm strives to cultivate positive relationships with clients predicated on their active participation in the case. Indeed, for families caring for a seriously injured child, the legal process can become a significant aspect of their lives, second only to the task of caring for their child. And WVFK&N understands that it is important for families to feel involved and invested in their case.

“I want our clients to like us and feel that we are approachable,” Forman says. “In their hierarchy of contacts, we come right after family and work, and that’s intentional – we want to be there when they need us. It’s akin to a marriage, where success hinges on compassion, trust, empathy and understanding. Those elements are vital for navigating the entire process smoothly.”

Senior Partners Gary Wais and Kenneth Vogelstein laid the foundation for the firm in the 1990s, initially focusing on a caseload that encompassed both general medical malpractice claims and birth injury cases within Maryland. However, in the past 15 years, WVFK&N has grown into a prominent national law firm, with a predominant emphasis on cases involving child injuries or birth-related complications. Some of the firm’s landmark verdicts include a groundbreaking $229 million judgment against Johns Hopkins Bayview, a $55 million verdict against Johns Hopkins Hospital, a $21 million judgment against MedStar Harbor Hospital in Maryland and a $15.6 million verdict against a midwife and doctor in Prince George’s County, Maryland.

These significant results have garnered attention beyond Maryland, leading to a surge in inquiries from other jurisdictions; and WVFK&N now handles cases involving birth injuries nationwide. Indeed, the firm has established thriving practices in Minnesota and Illinois, with offices now in Minneapolis and Chicago in addition to Baltimore. Today, the firm has recovered more than $500 million in verdicts and settlements for its clients, solidifying its reputation as a premier national firm for handling complex birth injury cases.

Most recently, in 2024, the firm obtained a $23 million award against Advocate Trinity Hospital in Chicago on behalf of a seven-year-old girl who suffers from brain damage and cerebral palsy due to the obstetrical team’s failure to deliver her by cesarean section in a timely manner. The majority of the award will be used to pay for the medical expenses necessary for the girl’s care and treatment for the remainder of her life.

“In large part, I think our growth is due to our firm being very effective at telling the whole story of a case and not sticking to conventional approaches when trying these matters,” Forman says. “When I first started practicing, the first witness you would call if you were the plaintiff in a malpractice case would be the defendant doctor. But we don’t typically do that; instead, we often lead off our evidence with a life care planner or damages expert to help the jury understand the seriousness of our client’s injury. This approach has been very effective in our cases, because it helps frame the importance of the standard of care and shows what the outcome is when that standard isn’t met.”

Outside of their legal work, Forman and WVFK&N are active in a number of community initiatives. These include Repair the World, a national service organization that collaborates with food banks and other partners to aid those in need globally and within the U.S., and the Ed Block Courage Award Foundation, which focuses on assisting disadvantaged youths in finding stable homes. Forman and WVFK&N not only provide significant donations to support these causes but also dedicate time to volunteering on both boards.

“There is an altruistic component to what we do that I derive a lot of enjoyment from,” Forman says. “We never hide from the fact that what we do is a business – cases are expensive to litigate and require hard work and intense preparation. But that’s only part of why we do it. The other part is that the outcome is tangible: we can see our clients being able to use the money we obtained for them to buy a wheelchair-accessible van or modify their home or take their disabled child to Disney World for the first time. And that gives us immense joy.”