Hypoxic-Ischemic Encephalopathy (HIE)
Seeking Justice for The Victims of Hie in Cleveland & Throughout Ohio
After months of anticipation and doing everything in your power to prepare your baby for a healthy life, it is heartbreaking to learn, either immediately after birth or years later, that your child suffered a brain injury when they were born.
Even though unborn babies can’t breathe air, they still need oxygen. They get that oxygen from the mother’s blood, which is transferred through the placenta and umbilical cord. During or around the time of birth, a variety of circumstances may cause the baby’s oxygen levels to drop.
While babies can recover from short periods of oxygen deprivation, when a baby’s brain is deprived of oxygen for an extended period of time, they will likely suffer brain damage. This type of brain injury is called hypoxic-ischemic encephalopathy (HIE). HIE is one form of neonatal encephalopathy and can be caused by birth asphyxia or intrapartum asphyxia.
Brain Damage Caused By Ischemia & Hypoxia
Ischemia occurs when the fetus experiences a shortage of oxygen. Hypoxia is a complete lack of oxygen. Reduced blood flow during birth can affect the overall health of the fetus, but it primarily causes damage to the brain. This brain damage can result in HIE. Obstetrical caregivers must be prepared to treat ischemia, hypoxia, and other emergency conditions. If they fail to recognize the symptoms and respond appropriately, the child could suffer permanent brain damage.
Turn to the Becker Law Firm for Help
The Becker Law Firm has represented the families of children suffering from brain injuries like HIE for more than 40 years in Ohio. We are committed to doing everything in our power to hold medical professionals accountable for the long-lasting injuries they cause due to negligence or malpractice.
The Becker Law Firm can and will help you find answers to your questions. We have medical experts on our staff and employ a team of physicians to understand every aspect of your case. We also know the additional questions that need to be asked to get to the root of the negligence that either caused the harm to your baby or allowed it to happen. We stay up to date with the newest and most common defenses to HIE cases, and we are prepared to rebut them.
Levels of HIE Severity
Babies who have suffered HIE are classified as having mild, moderate, or severe HIE according to the Sarnat Grading Scale:
- Mild HIE is characterized by the baby being hyper-alert and having normal muscle tone, dilated and reactive pupils, and regular breathing. Mild HIE usually lasts less than 24 hours.
- With Moderate HIE, the baby is usually lethargic and has reduced muscle tone, frequent seizures, small and reactive pupils, and irregular breathing. Moderate HIE typically lasts between two and 14 days.
- In cases of Severe HIE, the baby is in a coma, rarely has seizures, intermittently stops breathing, and has no muscle tone and fixed pupils. Severe HIE usually lasts for weeks.
While the symptoms of HIE may subside, the effects of oxygen deprivation may or may not be immediately evident. Parents, teachers, and caregivers are advised to pay close attention to a child who has experienced HIE to determine if they are reaching developmental milestones.
HIE Causes and Risk Factors
The tragic and sad truth is that many cases of HIE are preventable. Medical professionals should timely diagnose, treat, and manage conditions and circumstances that put a baby at risk for HIE.
Some of the most common HIE causes and risk factors are:
- C-Section Issues: A delayed C-section, or the failure to perform a C-section when the baby is in distress can cause oxygen deprivation;
- Labor Issues: Prolonged and arrested labor, misuse of labor-inducing drugs, and excessive uterine contractions can result in a lack of oxygen or blood flow to the baby;
- Umbilical Cord Issues: A baby’s brain can be denied oxygen when the cord is wrapped around his or her neck, knotted, collapsed, compressed, prolapsed, or is too short. Often, electronic fetal monitoring will indicate if the unborn baby is sustaining an umbilical cord problem;
- Placental Issues: When the placenta covers the mother’s cervix, detaches from the uterus, or when the placenta does not have the necessary blood volume, oxygenated blood cannot properly flow from the mother to the baby;
- Positioning of the Baby: When the head or body of a baby is too big to fit through the mother’s pelvis, the baby is in the breech or face position, or when forceps or other delivery tools are misused, the baby can be deprived of oxygen or blood flow for an extended period of time;
- Amniotic Fluid Issues: Having too much or not enough amniotic fluid, or having the fluid sac break too early can lead to HIE through either cord compression or infection;
- Timing Issues: When a baby is born prematurely or after the due date, the risk of HIE increases;
- Medical Mistakes: Obstetricians or other medical personnel can improperly treat the mother’s health issues, such as anemia, high blood pressure, preeclampsia, or gestational diabetes, or fail to notice the baby’s health issues, such as an infection or breathing problems. In addition, the failure to treat within six hours of birth with head or whole-body cooling, may lead to HIE.
- Infection: Obstetricians and obstetrical nurses should recognize mothers and fetuses at risk for medical infection and treat prophylactically. Failure to timely or adequately treat the infection can lead to encephalitis, meningitis, sepsis, or septic shock with resulting brain damage.
Lifelong Challenges of HIE
Complications and disabilities caused by HIE may not be readily noticeable. The challenges a child born with HIE can face range from developmental delays and gross and fine motor impairment to lifelong issues such as:
- Neurological disorders, such as cerebral palsy, epilepsy, dysautonomia, and seizure disorders;
- Sensory issues, such as vision loss, hearing loss, crossed eyes, nystagmus, and;
- Physiological problems with the respiratory, endocrine, digestive, skeletal, and musculoskeletal systems.
Providing adequate care for the medical challenges these issues pose is a lifelong endeavor. In addition to needing medical procedures, children with permanent brain damage from HIE often require one or more types of therapy. Some children may need both physical and occupational therapy, while others may need special education and speech or language therapy. Adaptive and assistive technologies and recreational therapy may also be helpful to children born with HIE.
Let Us Help You Fight for Full Justice
If your child has suffered a birth injury, please contact us today. You can use the contact form on this page or call us at (440) 252-4399 to schedule a free consultation. The Becker Law Firm accepts cases on a contingency basis, meaning you will not be charged unless we win your case.
If you would like to discuss your legal options with a Cleveland HIE lawyer at The Becker Law Firm, call us at (440) 252-4399. Your initial consultation is free.
$13.5 Million Birth Injury
Becker Law Firm attorneys Michael Becker and David Skall obtained a jury verdict for $13.5 million in Akron, Ohio. The case involved a now 16- year-old boy who suffered a brain injury at the time of birth (specifically a watershed injury). The doctor held liable for causing the boy’s injury is Laura Fortner, M.D., previously of Atrium OB/GYN, Inc.
- David W. Skall
- Michael F. Becker
$4.5 Million Birth Injury
Failure to Carefully Ligate Umbilical Cord, Resulting In Severing Child’s Great Toe, Major Fluctuation In Child’s Blood Pressure And Subsequent Brain Damage (Cerebral Palsy & Developmental Delays)
- Michael F. Becker
$4.25 Million Birth Injury
Failure of Obsterical Caregivers to Recognize Maternal Hemorrhage Resulting in Brain Damage
- Michael F. Becker
$4 Million Birth Injury
Failure to provide intra-partum and immediate post-partum antibiotics.
$3.14 Million Birth Injury
Failure to perform timely cesarean section which resulted in severe birth asphyxia.
Your unwavering dedication and expert guidance have truly been a lifesaver. Your sharp legal mind and compassionate heart have made all the difference. From the bottom of our hearts, thank you for being there for us every step of the way. We are forever grateful Words cannot express our gratitude for everything you have done for us. Your outstanding professionalism, attention to detail, and commitment to justice have been nothing short of remarkable. You have given us back our confidence and hope during a difficult time. Thank you for being our champions. Thank you so much.- The C. Family
We were greeted with professionalism, expertise, compassion, respect, and a desire to provide the best quality of life for our daughter. She was always the top priority. Mr. Becker represented our daughter and family as if it was his own. His staff was equ- Kris Harmon, mother of Perri
It was an honor having such an experienced lawyer handle my son's cerebral palsy case. He represented us as if he was fighting for his own family member. Everyone at the firm made us feel comfortable about our case. I knew that my son was getting the best representation in Northeast Ohio. The Becker Law Firm is dedicated to bringing justice to their clients. I've already referred families that I know!- Knyesha Washington
Right from the very beginning of our case, David Skall and his assistant Jean Witt were both extremely kind and compassionate to help us put closure on a wrongful death case involving my father at a care facility. They were quick to answer any questions that we had and they made sure we were kept in the loop of this entire process. even though we were in the middle of a pandemic, David and his team were able to adapt their technology and make it all work out for our benefit. I would strongly recommend them to anyone in need of legal help.- John Z.
How Do I Know If We Have a Case?
The easiest way to know if you have a case regarding your child’s brain injury is to contact The Becker Law Firm to arrange for a free initial consultation. You may use the contact form on this page or call us at (440) 252-4399. We will evaluate your case free of charge, as we believe there is no financial obligation to learning if you have a potential claim for damages. Best of all, we take cases on a contingency basis—meaning we will charge you nothing unless we win your case.
If you aren’t yet ready to talk with us directly, we have provided some facts about HIE that are important to know as you are planning how to move forward and seek full justice for your family.
Holding Negligent Medical Providers Accountable for HIE
A lawsuit against the medical providers whose negligence or malpractice resulted in HIE won’t erase your child’s injury, but it can help pay for the medical treatments and therapies your child will need both now and in the future. A lawsuit also holds medical providers and hospitals accountable and may cause them to change their practices to prevent HIE from occurring in other babies.
The Becker Law Firm has almost 40 years of experience in obtaining financial compensation for the families of children born with HIE and have successfully held medical providers and hospitals accountable for their negligence. We have a national reputation on birth trauma cases and have successfully represented newborns suffering from brain injuries and birth trauma throughout the country from Maine to Hawaii.
The Becker Law Firm knows how to identify the physical, emotional, and financial factors associated with the cost of HIE. We know the right questions to ask to address the medical malpractice or negligence that caused your child’s HIE.