Hypoxic Ischemic Encephalopathy (HIE) Lawsuit

HIE is a brain injury that is linked to inadequate oxygen and blood flow.

The Cleveland Clinic describes HIE as a brain injury that is caused by too little blood and oxygen reaching the brain.

Its information on encephalopathy also discusses hypoxic-ischemic injury associated with a lack of oxygen around birth.

A UCSF parent information sheet describes that “hypoxic” refers to tissues not receiving enough oxygen.

The severity of the injury can differ from one child to another. A 2025 medical review explains HIE as a major cause of illness and death among newborns worldwide.

Signs & Symptoms of HIE

Possible signs may be:

• Seizures

• Poor feeding

• Breathing problems

• Decreased responsiveness

• Muscle tone abnormality

• Above-normal reflexes

• Delays in development

• Issues with movement

Some children may develop cerebral palsy or epilepsy as they grow. Vision and thinking problems may also develop later.

A New York cerebral palsy case addressed claims that negligent care caused or contributed to the brain injury.

Some complications may not be very clear right after birth. Research on birth injury claims reported that some injuries become clearer only after a child does not reach the expected developmental milestones.

How Is HIE Diagnosed?

Doctors may initially review the newborn’s condition. This review may include assessing the neurological findings and blood test results.

The need for emergency intervention may provide useful information. Seizures or brain imaging may also help doctors evaluate the injury further.

In one federal malpractice case, a pediatric neurologist gave an opinion. This opinion suggested that a child’s injuries resulted from HIE tied to deprivation of oxygen around birth.

The opinion discussed whether the lack of oxygen caused the child’s injuries. However, it did not address whether the physician failed in meeting the applicable standard of care.

Treatment & Prognosis

Treatment may depend on the condition of the child. Some newborns may need specialized hospital care or breathing support.

Seizures may also require treatment. Cooling therapy may be given to babies who qualify.

One study on therapeutic hypothermia highlighted that treatment for eligible newborns with HIE needs to begin within the first six hours after birth.

Some children may later need rehabilitation or developmental therapy.

A separate medical review described HIE around birth as a major cause of death and lifelong disability.

The brain not receiving enough oxygen and blood flow can lead to HIE.

Possible causes or contributing events are:

• Placental abruption

• Uterine rupture

• Umbilical cord compression

• Umbilical cord prolapse

• Fetal stroke

• Maternal complications

• Excessive uterine contractions

• Infection

A federal medical malpractice case described allegations that during delivery, the doctors found that the mother’s uterus had ruptured and the baby was outside it. The complaint alleged oxygen deprivation and damage to the brain.

Keep in mind that those were allegations that were being considered at an early stage. However, they were not final findings of malpractice.

Is HIE Caused by Medical Negligence?

Not always. HIE may occur despite receiving the required medical care.

Some cases may have questions regarding missed fetal distress or a delayed C-section. The use of Pitocin may also be reviewed.

Pitocin is a medication used to start or strengthen contractions during labor. Cord or placental emergencies may cause similar problems.

Medical research has investigated delays in medically indicated C-sections after fetal compromise was recognized.

A hypoxic ischemic encephalopathy lawsuit may focus on that medical timeline. The records may help explain what the care team knew and how they responded to the complications.

An HIE case would start with an assessment of the medical records. The legal process may then move forward through the investigation, filing, settlement talks, or trial.

1. Free Case Review

A case review may start with the pregnancy and labor history. The delivery and newborn condition may also be discussed.

The lawyer may inspect and analyze the HIE diagnosis and possible medical errors. When it comes to filing deadlines, this is another part of the review.

A hypoxic ischemic encephalopathy lawyer may then determine which medical records would need closer attention.

2. Investigation & Gathering Evidence

Records may consist of:

• Prenatal records

• Baby’s heart rate chart

• Records of medication

• Delivery chart notes

• Cord-blood results

• Brain imaging

• NICU records

• Witness accounts

• Medical opinions

A federal appeals court opinion discussed prenatal, delivery, and newborn records in a birth injury case.

Medical testimony may also be needed. One birth injury case addressed testimony about the standard of care and the cause of an injury.

3. Filing the Lawsuit

The complaint would identify the people or facilities that are being sued. It would also explain the alleged medical errors. This would also extend to how they may have contributed to the child’s injury.

Filing rules are a different story, and they would depend on state law.

4. Negotiating a Settlement

Settlement talks may start after both parties review the evidence.

The parties may disagree about some matters such as the care or the cause of the injury. Future medical needs may also affect settlement negotiations.

However, what you may read online about other families’ settlements may not apply to you. One family’s settlement does not guarantee yours is the same.

5. Trial (If Necessary)

A case that fails to settle may proceed to trial.

Medical experts and other witnesses may present evidence. A judge or jury may then decide whether anyone is responsible for the harm.

There is no set HIE settlement amount.

The family may seek compensation for their losses, but it depends on state law. Those losses may relate to medical care, therapy, personal care, or accessibility support.

There is no single category of compensation that is automatic.

Average HIE Settlement Amounts

Settlement amounts can be very varied. It’s the variability that makes a reliable national average difficult.

There is also no definite answer to how much a hypoxic ischemic encephalopathy lawsuit is worth.

Case value may depend on the evidence of negligence. It may also depend on what’s available in terms of medical evidence about causation. The severity of the injury may also have a large part in the claim.

Future care that may be needed, and state law, can change what may be sought. The available insurance coverage or assets can influence the amount as well.

Settlements from past cases do not reliably predict another case.

Notable HIE Case Verdicts

Some HIE cases focus on delayed C-sections. Others may raise allegations regarding possible missed fetal distress, placental abruption, vacuum use, or Pitocin.

Prior case outcomes can only provide context. These outcomes from past cases do not necessarily predict the result of another claim.

Factors That Affect Case Value

Common factors are:

• Proof of negligence

• Evidence about causation

• Severity of the injury

• Permanent disability

• Future medical care

• Long-term personal care

• Assistive technology and durable medical equipment

• Diminished earning capacity

• Non-economic damages

• Applicable state law

Families do not need all the answers before requesting a review.

Medical records may help explain what occurred during labor and delivery. The review may also assess the condition of the newborn and the treatment it may need later.

Families choosing a law firm for a hypoxic ischemic encephalopathy lawsuit may ask how medical records are reviewed and how deadlines are tracked.

Free consultations are available for families who believe that preventable oxygen deprivation may have contributed to a child’s HIE.

Get a Free Consultation for a Hypoxic Ischemic Encephalopathy (HIE) Birth Injury Lawsuit