Dov Apfel

Partner

Recognized for his national reputation and success as a child advocate, Dov Apfel has investigated and litigated birth trauma and obstetrical malpractice claims involving children with cerebral palsy and other neurological and intellectual disabilities throughout the United States for over forty years.

Those in the legal profession who have worked with Mr. Apfel consider him to be the premier “lawyer’s lawyer” in the area of birth trauma litigation. When families and lawyers need someone to help them figure out whether a child’s brain damage could have been prevented, they call Mr. Apfel.

Mr. Apfel’s lifetime of achievements in birth injury litigation, education and advocacy was recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice in 2011, an organization consisting of thousands of trial lawyers throughout the United States, when he received the Dan Cullan Memorial Lifetime Achievement Award.

One of the most rewarding parts of my professional life has been the fact that I have been privileged to represent and bring justice to the most innocent victims of medical malpractice: children and their families. What is equally rewarding is being sought out by lawyers and families throughout the United States, as well as sharing my knowledge in educational settings. I get to see the impact of my work in birth injury cases that I'm not directly a part of, which is a huge honor.

Judges, too, have recognized Mr. Apfel as both a committed advocate and a source of scientific and medical knowledge in birth trauma cases. He was an invited speaker at the New York State Judicial Seminars, “Medicine for Judges” Programs in 2008, where he taught judges about the criteria for determining the timing and causes of brain damage in babies and newborns.

Mr. Apfel’s outstanding record of success spans across the United States. He has the unique distinction and privilege of helping families and lawyers, and participating in the successful resolution and litigation of obstetrical cases, in the following jurisdictions:

Arizona
Arkansas
California
Colorado
District of Columbia
Georgia
Hawaii
Iowa
Illinois
Kentucky
Maryland
Minnesota
Missouri
Mississippi
New Jersey
New York
North Carolina
Ohio
Oregon
Pennsylvania
Tennessee
Texas
Washington
Wisconsin
Vermont
Virginia

Mr. Apfel, a passionate advocate for his clients and for all those who suffer injuries as a result of negligence and preventable injuries, has dedicated his career to holding negligent hospitals, drug companies, physicians, obstetricians, nurses, midwives, family practitioners, and other providers accountable for their failures to keep patients safe and out of harm’s way.

Some of Dov’s most notable achievements include:

$20M

jury verdict for a child who suffered a catastrophic hypoxic-ischemic brain injury due to, among other things, mismanagement of abnormal fetal heart rate tracings during labor and delivery

$16M

settlement for a child who suffered a catastrophic hypoxic-ischemic brain injury due to, among other things, mismanagement of abnormal fetal heart rate tracings during labor and delivery

$14M

settlement for a child who suffered a catastrophic hypoxic-ischemic brain injury due to, among other things, mismanagement of abnormal fetal heart rate tracings during labor and delivery

$13M

FTCA settlement for a preterm child who suffered a catastrophic hypoxic-ischemic brain injury during a surgical procedure

$11.5M

FTCA settlement for a child born at the U.S. Naval Hospital in Guam who suffered a catastrophic hypoxic-ischemic brain injury due to negligent neonatal resuscitation and intubation

$6.5M

settlement for a child who suffered a catastrophic hypoxic-ischemic brain injury due to negligent neonatal resuscitation and intubation

Education

J.D., American University Washington College of Law, 1979

B.S., Queens College, City University of New York, 1976

Mentor and Educator

Mr. Apfel has more than four decades of experience handling complex medical malpractice and personal injury matters. Among other things, Mr. Apfel’s outstanding record of success can be attributed to his unmatched understanding of the medical principles and science involved in the cases he handles. Beginning in 1991, when the Birth Trauma Litigation Group was established, Mr. Apfel has written extensively to expose junk science and litigation-driven literature, and has taught both experienced and inexperienced lawyers how to evaluate medical issues and determine when a bad outcome could have been prevented.

Over the course of his career, Mr. Apfel has trained and mentored many lawyers and paralegals who have developed great expertise and skills in handling complex medical malpractice cases. For example, Seth Cardeli, a partner at Levin & Perconti and a lawyer who has worked with Mr. Apfel for the past 9 years, has received multiple national honors and is currently recognized by his peers as one of the top birth trauma lawyers in the United States. Kim Martel, a paralegal at Levin & Perconti, who has worked with Mr. Apfel for the past 12 years, received national recognition for her outstanding work, when she was selected as the 2020 Paralegal of the Year by the American Association of Justice, a national organization of trial lawyers.

Mr. Apfel is regularly called upon to lecture at a range of national conferences (some of which have been attended by obstetricians, nurses, and other health care providers), and publishes extensively on legal and medical issues arising in Cerebral Palsy litigation, including the use of expert testimony in cerebral palsy litigation, electronic fetal monitoring, hypoxia, ischemia, asphyxia, meconium stained amniotic fluid and meconium aspiration syndrome, maternal and fetal infection in pregnancy, chorioamnionitis, fetal inflammatory response syndrome, antepartum fetal testing, placental pathology, vaginal birth after cesarean, hypoxic-ischemic encephalopathy, trauma, forceps, vacuum extractors, shoulder dystocia and brachial plexus, and the clinical markers establishing a causal connection between the events of labor and delivery and cerebral palsy.

Mr. Apfel is the author of a landmark Law Review article, “Using a Differential Diagnosis to Prove that Intrapartum Asphyxia is a Significant Cause of Cerebral Palsy,” that helped set the standard in how causation issues in cases involving cerebral palsy are litigated by lawyers representing brain damaged children in the U.S. He currently chairs an annual 2-day program to teach lawyers the fundamentals of electronic fetal monitoring and the criteria that can be used to identify babies who may not be getting enough oxygen and are at risk of developing brain injury during labor and delivery.

Jurisdictions Admitted to Practice

District of Columbia, 1980
Maryland, 1979
Illinois, 2022

Professional & Bar Association Memberships

Illinois Trial Lawyers Association
Parliamentarian, 2021-2022;
Treasurer, 2020 – Present
Executive Committee, 2019 – Present;
Member, Board of Managers 2016 – Present;
Women’s Caucus, Chair, 2017 – 2018;
Founding Member, Women’s Caucus, 2017 – present;
Leonard Ring Lifetime Achievement Committee, 2018-2020;
Legislative Committee, 2018 – present;
Nominating Committee 2020, 2021
Women’s Bar Association of Illinois
Co-Chair, Judicial Evaluation Committee 2018-2021;
Nominating Committee, 2018;
Co-Chair, Annual Dinner 2018;
Sponsorship Co-Chair, Annual Dinner Committee, 2018-2020;
Member, Co-Chair of the Judicial Reception 2017
Chicago-Kent Law School
Young Alumni Council since 2014, Senior Partner Council since 2016
The American Constitutional Society’s Chicago Chapter
Board of Directors-Director of Firm Outreach
American Association for Justice
Member
Illinois State Bar Association
Member
Chicago Bar Association
Member
National Association of Elder Law Attorneys
Member Illinois NAELA Chapter, Litigation Committee, 2018-2021
Illinois Trial Lawyers Association
Treasurer, Member
International Society of Barristers
Member, 2021-present

Awards & Honors

Mr. Apfel is the former chairperson of the Medical Negligence Section of the Maryland Trial Lawyers Association and the former co-chair of the Birth Trauma Litigation Group of the American Association for Justice. He has been regularly named one of the Best Lawyers in America for Medical Malpractice Law – Plaintiffs and Personal Injury Litigation – Plaintiffs, and listed as a Maryland Super Lawyers®. Washingtonian Magazine identified Mr. Apfel as one of the top lawyers in the Washington area and he was featured as one of America’s Premier Lawyers in Fortune Magazine. Recognizing his national prominence and integrity, the Martindale-Hubbell peer review rating system has awarded Mr. Apfel a score of 5.0 out of 5 stars with the highest ethical standing.

The Best Lawyers in America®: Medical Malpractice, 2007-2024
The Best Lawyers in America®: Personal Injury, 2007-2024
Illinois Super Lawyers®: Medical Malpractice, 2008-2014, 2016-2024
Top 10 Medical Malpractice Settlement in the United States, 2020
Martindale-Hubbell®: AV Preeminent, The Highest Possible Rating in Both Legal Ability & Ethical Standards

Cases

Mr. Apfel has achieved multiple eight figure settlements during his career and has litigated multiple other cases that resulted in seven figure results. Many of the cases resolved with outstanding results shortly after the trial started and Mr. Apfel and his trial team called some witnesses and presented their case. Most of these settlements are subject to confidentiality agreements and may not be disclosed. However, two recent cases, which are not subject to confidentiality, involved claims against the United States for the negligent care provided by doctors employed by the US in hospitals in Guam and Hawaii. In the Guam case, the Government resolved the case for $11.5 million. In the Hawaii case, the Government paid $13 million.

Professional Presentations

AAJ Education’s 5th Annual Electronic Fetal Monitoring in Birth Injury Cases Seminar, New Orleans, LA, March 10-11, 2022
AAJ Mastering the Medicine Seminar, Nov 3-5, 2021
Subject: Fetal Reserve Index
AAJ Webinar, Electronic Fetal Monitoring in Birth Injury Cases, April 3, 2020
Chairperson: AAJ Education’s 5^th Annual Electronic Fetal Monitoring in Birth Injury Cases Seminar, Orlando, FL, April 2-3, 2020 (to be rescheduled due to COVID-19)
AAJ Mastering the Medicine program, Atlanta, GA, October 17-18, 2019
Subject: Fetal Monitoring and Blood Gases
AAJ Summer Conference, San Diego, CA, July 28, 2019
Subject: Gross and Microscopic Placental Findings
AAJ Education’s 4^th Annual Electronic Fetal Monitoring in Birth Injury Cases Seminar, Philadelphia, PA, March 1-2, 2018
AAJ Summer Conference, Boston, MA, July 21, 2017
Subject: Electronic Fetal Monitoring: Fake Data and Alternate Facts
AAJ Mastering the Medicine program, Atlanta, GA, October 5-6, 2017
Subject: Issues for Electronic Fetal Monitoring
AAJ Education’s 3^rd Annual Electronic Fetal Monitoring in Birth Injury Cases Seminar, Washington, DC, June 18-19, 2015
AAJ Winter Conference, Palm Springs, February 2015
Subject: Determining the Timing and Etiology of Neonatal Encephalopathy and Adverse Neurologic Outcome
Indiana Trial Lawyers Meeting, August 14, 2014
Subjects: Neonatal Encephalopathy and Neurologic Outcome & EFM
AAJ Summer Conference, Baltimore, July 27, 2014
Subject: Neonatal Encephalopathy and Neurologic Outcome
AAJ Education’s 2^nd Annual Total Electronic Fetal Monitoring Immersion Seminar, Washington, DC, June 26-27, 2014
Subjects: EFM: Decelerations & Management of Category III Patterns,
2014 Neonatal Encephalopathy & Neurologic Outcome Litigation Criteria, Chorioamnionitis & Intrapartum Brain Injury
AAJ Education’s 1^st Annual Total Electronic Fetal Monitoring Immersion Seminar, Washington, DC, June 27-28, 2013
Subjects: EFM: Expectations, Problems, and Reality
Algorithms for Management of Category II FHR Patterns
The Causal Pathway from EFM to Cerebral Palsy
AAJ Winter Conference, Miami, February 2013
Subject: How to Handle Damages in Opening Statement
AAJ Summer Conference, Chicago, July 2012
Subject: Proving the Timing of Brain Damage: Distinguishing Fact from Fiction
AAJ Summer Conference, New York, July 2011
Subject: The Timing of Emergency Cesarean Sections: When Every Minute Counts
Litigating Injured Infant Cases Seminar, Miami, April 2011
Subject: New Fetal Monitoring Standards
AAJ Winter BTLG Educational Program, Miami, February 2011
Subject: The Latest ACOG and AWHONN Electronic Fetal Monitoring Guidelines
Obstetric Malpractice Program, Sponsored by The American Conference Institute, Philadelphia, June 2009
Subject: Fetal Asphyxia: Causes and Prevention
ATLA Winter Conference. New Orleans, February 2009
Subject: Analysis of the 2008 NICHD Fetal Monitoring Guidelines
New York State Judicial Seminars, Rye Brook, NY, August 28, 2008 “Medicine for Judges” Program:
Subject: Keeping Junk Science Out of Cerebral Palsy Cases: Analysis of Criteria for Linking Neonatal Encephalopathy and Cerebral Palsy
AAJ Summer Conference, Philadelphia, July 2008
Subject: Meconium Aspiration Syndrome and Postnatal Brain Damage
New York State Judicial Seminars, Rye Brook, NY, June 26, 2008 “Medicine for Judges” Program:
Subject: Keeping Junk Science Out of Cerebral Palsy Cases: Analysis of Criteria for Linking Neonatal Encephalopathy and Cerebral Palsy
Ohio Association for Justice — Annual Medical Malpractice Educational Program, Columbus, Ohio, May 2008
Subject: What’s New in Electronic Fetal Monitoring?
New Jersey Trial Lawyers Association — Annual Medical Malpractice Educational Program, The Best of the Best from Around the Country, Meadowlands, October 2007
Subject: Perinatal Brain Injury.
Maryland Trial Lawyers Association — Annual Medical Malpractice Educational Program, Baltimore, March 2007
Subject: Using the Medical Literature to Rebut ACOG Publications.
Litigating Medical Negligence Cases: Updates and Techniques for Pretrial, Trial, and Settlement, Crystal City, Virginia, October 2005
Subject: Closing Argument
ATLA Summer Conference, Boston, July 2004
Subject: Keeping Junk Science Out of Cerebral Palsy Cases: ACOG’s Criteria on Neonatal Encephalopathy and Cerebral Palsy
Maryland Trial Lawyers Association Annual Medical Malpractice Educational Program, Baltimore, May 2004
Subject: Keeping Junk Science Out of Cerebral Palsy Cases: ACOG’s Criteria on Neonatal Encephalopathy and Cerebral Palsy
Litigating Catastrophically Injured Infant Cases, ATLA Program, Atlanta, February, 2004
Subject: Using the Medicine to Prove the Timing and Etiology of Irreversible Brain Damage
Co-Chairperson, Obstetric Malpractice Program, Sponsored by The American Conference Institute, Philadelphia, November 2003
Subject: What’s New in Obstetrical Malpractice and Placental Pathology
ATLA Summer Conference. San Francisco, July 2003
Subject: Keeping Junk Science Out of Cerebral Palsy Cases: ACOG’s Criteria on Neonatal Encephalopathy and Cerebral Palsy
Litigating Catastrophically Injured Infant Cases ATLA Program, Atlanta, February 2003
Subject: Using the Medicine to Make Your Case: Electronic Fetal Monitoring
Co-Chairperson, Birth Trauma Litigation Group Educational Program, Atlanta, July, 2002
Subject: Distinguishing Between Asphyxia and Stroke: The Timing of Brain Injury
Maryland Trial Lawyers Association Annual Medical Malpractice Educational Program, Baltimore, January 2002
Subject: Using Fetal Monitoring to Assess Quality of Care and Timing of Injury
ATLA Summer Conference, Montreal, July 2001
Chairperson: Birth Trauma Litigation Group Educational Program
Subjects: Maternal Infection in Pregnancy and Cerebral Palsy, and the International Consensus Template and the Criteria for Establishing a Link Between Birth Asphyxia and Cerebral Palsy
ATLA Summer Conference, Chicago, August 2000
Subject: Intrapartum Electronic Fetal Heart Rate Monitoring: Understanding FHR Variables and Nonreassuring Patterns
Chairperson: Birth Trauma Litigation Group Educational Program, San Juan, Puerto Rico, January 2000
Subject: Maternal Infection in Pregnancy and Cerebral Palsy
ATLA Summer Conference, San Francisco, July 1999
Subject: Maternal Infection in Pregnancy and Cerebral Palsy
Subject: Early Onset Neonatal Group B Streptococcal Infection
ATLA Summer Conference. Washington, DC, July 1998
Subject: Prenatal Care and Review of the Medical Chart
Canadian Trial Lawyers Conference, Calgary, Canada, April 1998
Subject: Placental Pathology: A Primer for Birth Trauma Litigation
Chairperson: Birth Trauma Group Educational Program, Maui, Hawaii, February 1998
Subject: The Timing and Etiology of Brain Injury in the Preterm Infant
ATLA Mid-Winter Conference, Maui, Hawaii, February 1998
Subject: Antepartum Testing to Assess Fetal Well-Being in the Preterm Infant.
ATLA Mega Seminar on Profound Brain Injury in the Infant, West Palm Beach, Florida, January 1998
Subject: Placental Pathology: The Use of Placental Findings to Prove or Negate Obstetrical Malpractice in Bad Baby Cases.
Ontario Trial Lawyers Conference, Toronto, Canada, June 1996
Subject: Placental Pathology: The Use of Placental Findings to Prove or Negate Obstetrical Malpractice in Bad Baby Cases.
ATLA Summer Conference, Boston, Mass, July 1996
Subject: Antepartum Testing to Assess Fetal Well-Being.
ATLA Summer Conference, New York, New York, July 1995
Subject: What’s New in Placental Pathology?
Subject: How to Cross-Examine a Defense Placental Pathology Expert in Obstetrical Malpractice Cases
Maryland Trial Lawyers Educational Program, February 10, 1995
Subject: The Use of Demonstrative Evidence at Trial.
ATLA Winter Conference, Maui, Hawaii, February 1995
Subject: Placental Pathology: The Use of Placental Findings to Prove or Negate Obstetrical Malpractice in Bad Baby Cases
Placental Pathology Conferences Sponsored by the Armed Forces Institute of Pathology, Walter Reed Medical Center, 1991 and 1992
Subject: The Use of Placental Findings to Prove or Negate Obstetrical Malpractice in Bad Baby Cases

Professional Publications

Electronic Fetal Monitoring in Identifying Fetal Hypoxia and Acidemia, AAJ Birth Trauma Litigation Group Newsletter, July 2020.
Birth Injury Litigation Criteria Exposed, Trial Magazine, May 2015.
Hospital Liability for Misuse of Obstetrical Drugs, Trial Magazine, December 2013.
Electronic Fetal Monitoring Plays a Vital Role in the Management of Pregnant Women and Their Babies, AAJ Birth Trauma Litigation Group Newsletter, February 2013.
Distinguishing Fact from Fiction in Cerebral Palsy Cases, Trial Magazine, November 2012.
When Every Minute Counts, Trial Magazine, May 2011.
Intrapartum Asphyxia is a Preventable, Not Inevitable, Cause of Hypoxic-Ischemic Encephalopathy and Cerebral Palsy, New York Litigation Review, Vol. 2, 2010.
The case for national fetal monitoring standards, Trial Magazine, May 2009.
The 2008 NICHD Fetal Monitoring Workshop: The US Obstetrical Community Continues to Resist National Standards of Care, AAJ Birth Trauma Litigation Group Newsletter, February 2009.
Cerebral Palsy Litigation: Understanding Cytokines and the Infectious Pathways to Brain Damage in the Term Infant, AAJ Birth Trauma Litigation Group Newsletter, January 2008.
Settling the cerebral palsy case, Trial Magazine, December 2007.
Part II: Cerebral Palsy Litigation — Understanding the Pathways to CP in the Term Infant, AAJ Professional Negligence Section Newsletter, 2007.
Part I: Cerebral Palsy Litigation — Understanding the Pathways to CP in the Term Infant, AAJ Professional Negligence Section Newsletter, 2007.
Birth Asphyxia and Cerebral Palsy, Trial Magazine, January 2007.
Using a Differential Diagnosis to Prove that Intrapartum Asphyxia is a Significant Cause of Cerebral Palsy, American Journal Of Trial Advocacy, 2006.
Proper use of Apgar scores, Trial Magazine, August 2005.
Keeping “junk science” out of birth injury cases, The Advocate – Journal of Consumer Attorneys for Southern California, July 2005.
Keep ‘junk science’ out of cerebral palsy cases, Trial Magazine, May 2004.
Fetal Monitoring Mistakes and Their Catastrophic Consequences, Trial Magazine, August 2003.
How to Derail Daubert Motions in Obstetrical Cases, Trial Magazine, May 2002.
Evaluating Obstetrical Cases: A Primer for the Trial Attorney, Prince Georges County Bar Bulletin, 2002.
Using Electronic Fetal Monitoring Strips to Assess the Quality of Care and the Timing of Delivery, ATLA Professional Negligence Section Reporter, 2001.
Evaluating Obstetrical Malpractice Cases: A Primer for the Trial Attorney, MTLA Trial Reporter, 2000.
Placental pathology: challenging the causation defenses, Trial Magazine, May 2000.
A primer on vaginal birth after cesarean, Trial Magazine, February 2000.
Evaluating Birth Trauma Cases Involving Brain Injury in the Premature Infant, ATLA Professional Negligence, 1999.
A Legal Discussion on Medical Malpractice: What Pregnant Women Should Know About Group B Streptococcal Infection, The Montgomery County Sentinel, November 18, 1999.
A Legal Discussion on Medical Malpractice: Is Vaginal Birth After Cesarean Safe?, The Montgomery County Sentinel, October 28, 1999.
A Legal Discussion on Medical Malpractice: Can cerebral palsy be prevented?, The Montgomery County Sentinel, October 21, 1999.
Evaluating Birth Trauma Cases Involving Brain Injury in the Premature Infant, ATLA Professional Negligence Law Reporter, July 1999.
Electronic Fetal Monitoring: Criteria for Evaluating the Quality and Timing of Intrapartum Care, ATLA Birth Trauma Litigation Group Newsletter, June 1999.
Clinical Markers Establishing a Causal Relationship Between Birth Asphyxia and Cerebral Palsy: A Primer for Trial Lawyers, American Journal Of Trial Advocacy, 1997.
Maternal Infection in Pregnancy and Perinatal Brain Damage, Trial Magazine, May 1996.
Electronic Fetal Monitoring: An Overview, ATLA Professional Negligence Law Reporter, November 1995.
Asphyxia and Cerebral Palsy: Understanding the Medical and Legal Issues, ATLA Birth Trauma Group Newsletter, June 1995.
Cervical and Lumbar Disc Injuries: Understanding the Medical and Legal Issues, Trial Magazine, January 1995.
Antepartum Evaluation of Fetal Well-Being, ATLA Birth Trauma Group Newsletter, December 1994.
Placental Pathology: A Tool for Obstetrical Cases, Trial Magazine, May 1994.
Loss of Chance in Obstetrical Cases, Trial Magazine, May 1993.
Obstetrical Negligence in Managing Hypertension: Legal Issues, Medical Malpractice Law & Strategy, October 1992.
Obstetrical Negligence in Managing Hypertension: Medical Issues, Medical Malpractice Law & Strategy, September 1992.
Obstetrical Malpractice: Hypertension in Pregnancy, Trial Magazine, May 1992.

Other Interests

Mr. Apfel met and married his wife, Sharon, when they both attended law school in Washington, D.C. After Sharon left the Appellate Court division of the National Labor Relations Board, Dov and Sharon worked together for 17 years in private practice. They have been married for 42 years and have two daughters and two grandchildren.

Mr. Apfel is an avid basketball player, who still plays competitively. In May 2019, Dov competed in the (“over 50”) Masters Basketball Tournament in Coral Springs, Florida, a competition including former Division I college and international players, where he was selected to be on the all-tournament team in the 65+ division.

Client Testimonials

Dov, Thank you. Thank you. Thank you. Blessings to you, your family, and your many fortunate clients. “Genius” is a description tossed about not infrequently and one you’ve heard others ascribe to you, no doubt. I am not particularly impressed with “genius”. Our intellect, whatever it may be, is a gift from God. We each did little to achieve it save take his first breath and then keep on breathing thereafter. On the other hand, a man with your intellect and gifts, both God given and cultivated, who also believes it right to share that gift with others is an exceedingly rare and noble thing. That, I am impressed with and deeply grateful. Mom wished for me to express their deepest gratitude on behalf of her family and little [daughter].

Dov Apfel pulled together another amazing assembly of information and speakers that totally knocked my socks off. I'm happy if I come home with one pearl, but this time I'm coming home with a three strand necklace. What I took away from your two day presentation was brilliant analysis with foundation. Your generosity in sharing your hard-earned knowledge is incomparable. The programs you put together are invaluable. When you see that Dov has put a program together, it is a sure bet to be a good use of your time and money.