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Hypoxic-Ischemic Encephalopathy (HIE) birth injury malpractice lawsuits hold doctors accountable and recover monetary compensation for your child.
Hypoxic-Ischemic Encephalopathy (or “HIE”) is a neonatal birth injury. The legal term “Birth Injury” refers to any type of harm that a baby suffers near the moment of birth, during labor, or through the delivery process. HIE injuries occur in approximately two out of one thousand live births. Hypoxic-Ischemic Encephalopathy injuries are comprised of three medical conditions:
Therefore, Hypoxic-Ischemic Encephalopathy is a brain injury caused by a drop in oxygen and blood flow to the brain. Hypoxic-Ischemic Encephalopathy is also referred to as perinatal asphyxia, birth asphyxia, and neonatal encephalopathy. Oxygen deprivation, also known as intrapartum asphyxia, can cause Cerebral Palsy (CP). One of the most common forms of brain damage associated with Cerebral Palsy is oxygen deprivation known as hypoxic-ischemic encephalopathy, or HIE. When hypoxic-ischemic encephalopathy happens, it can result in a child that has cognitive or developmental delays, as well as motor impairments that become obvious as the child continues to develop. It is important to note that hypoxic-ischemic encephalopathy is one of the most life-threatening and serious types of brain damage to an infant that can happen during childbirth. hypoxic-ischemic encephalopathy occurs when both the blood supply and oxygen to an infant’s brain is interrupted or restricted during childbirth which causes the death of brain cells.
Hypoxic ischemic encephalopathy (HIE) is an injury to the brain that is caused by the deprivation of oxygen to the brain, also known as intrapartum asphyxia. The infant’s body can deal with a certain amount of oxygen deprivation, however, if the deprivation is too long, it can cause serious damage to the infant’s brain. Hypoxic ischemic encephalopathy is the leading cause of death or severe impairment of infants who suffered from oxygen deprivation. In children that survive childbirth, they can suffer from epilepsy, motor impairment, developmental delay, cognitive impairment, and neurodevelopmental delay. Typically, the level of impairment is not apparent until the child is between three and four years old. Asphyxia was long associated with causing Cerebral Palsy however, some studies suggest that less than ten percent of cases are a result of asphyxia. In the remaining percentage of cases, factors such as complications of birth or issues immediately following birth or premature birth can result in Cerebral Palsy. In some instances, the cause of hypoxic ischemic encephalopathy cannot be determined.
Hypoxic-ischemic encephalopathy (HIE) commonly affects full-term infants; however, it also occurs in premature infants as well. The severity and timing of the oxygen loss can negatively affect the part of the brain that sustains the injury. If the injury happens before the 35thweek of pregnancy, hypoxic-ischemic encephalopathy is likely to cause periventricular leukomalacia, or PVL. At 40 weeks of pregnancy, the degree of hypoxia pertains to the area of the brain that sustained the injury. Children with mild hypoxic-ischemic encephalopathy sustained injuries to their parasagittal white matter of the brain while those with severe cases have an injury to the putamen, thalamus, and paracentral white matter of the brain.
The loss of oxygen is the most significant risk associated with hypoxic-ischemic encephalopathy. The length and severity of the oxygen deprivation affect whether hypoxic-ischemic encephalopathy occurs and its level of severity. There are several events that cause asphyxia, which include, without limitation, the following:
As soon as hypoxic-ischemic encephalopathy (HIE) is suspected, imaging such as MRIs should be performed in order to determine the right diagnosis. There are also new techniques, including diffusion-weighted imaging and MR spectroscopy, that have proven successful if done so within the appropriate time frame. Otherwise, doctors, parents, and caregivers may notice of the signs of hypoxic-ischemic encephalopathy, which as noted above, include impaired motor function, delayed development, and delayed growth. After birth, there are certain signs of hypoxic-ischemic encephalopathy, which include organ dysfunction of the liver, heart, lungs, kidneys, and blood. Seizures are also common in children afflicted with HIE.
The treatment associated with hypoxic-ischemic encephalopathy involves helping the child adapt to symptoms that were caused by the injury to the brain. Infants with hypoxic-ischemic encephalopathy can receive physical or occupational rehabilitation. Asphyxia often causes permanent damage, which sometimes continues after the asphyxia has been relieved. In order to prevent additional damage, the child must be monitored to:
The best way in which to prevent hypoxic-ischemic encephalopathy is to avoid oxygen deprivation during pregnancy and delivery. It is important that parents and doctors understand the risk factors associated with hypoxic-ischemic encephalopathy. There are several measures to prevent hypoxic-ischemic encephalopathy, which include, without limitation, the following:
The terminology of Cerebral Palsy (also known as CP) is very specific, yet very similar, and may be labelled as a brain defect, brain lesion, or brain malformation, which can be very confusing. Accordingly, it is helpful to know the difference between the terms when trying to understand the causes of Cerebral Palsy. The development of the brain occurs quickly after conception, where a small number of cells multiply and divide into billions of brain cells. There is a small strip of tissue in the brain called the neural tube. Specifically, one end of the neural tube develops into the brain while the other develops into the spinal cord. Keep in mind that different types of cells form and migrate to form other parts of the brain. The brain is fully developed between two to five years following birth. Defects of the brain relate to irregularities in the structure of the brain that causes impairment. These can be caused from brain malformation illness, disease, or injury. The level of impairment is associated with the severity of the damage. Sometimes, a brain compensates for the defects by rewiring to compensate or bypass damaged areas. For this reason, starting treatment immediately is highly recommended, Malformations of the brain can occur due to the abnormal development of the brain. While defects can happen any time during the development of a fetus, during the first 20 weeks the infant is most vulnerable to complications. This means that any malformation that happens while the neural tube is forming can have lifelong consequences. A malformation of the brain can cause undeveloped areas, malformation, abnormal growth, and improper brain division in the lobes and hemispheres Lesions of the brain are defects that can occur from disease or injury. The underlying cause of brain lesions that occur during the development of the fetus include infections, bleeding in the brain, asphyxia, toxins, and many others.
The symptoms of Hypoxic ischemic encephalopathy (HIE) vary based upon the severity of the brain damage. These include, without limitation the following:
Kernicterus, also known as bilirubin encephalopathy, is a rare medical condition caused by bilirubin toxicity to brainstem nuclei and the basal ganglia. Neonatal jaundice is a relatively common condition that affects approximately 60% of newborns. However, severe cases of hyperbilirubinemia (> 20 mg/dL) could cause neurodevelopmental complications or kernicterus. Severely jaundiced newborns become hypotonic, lethargic, and “suck poorly” when attempting to feed. If improperly treated, hyperbilirubinemia can cause the newborn baby to become hypertonic (retain excessive fluids), develop fever, and present a high-pitched cry. The signs of hypertonia are arching of the back and neck. Infants that survive hyperbilirubinemia will often develop permanent and debilitating injuries such as hearing loss, dental dysplasia, intellectual handicaps, paralysis of upward gaze, and a severe kind of athetoid cerebral palsy. Athetoid Cerebral Palsy (or “dyskinetic cerebral palsy”) is a permanent physical condition caused by damage to a developing brain. Athetoid Cerebral Palsy is distinguished from the other Cerebral Palsy types due to the movement disorder’s abnormal, involuntary movements. Bilirubin-induced neurological complications occur when there is a delay in childbirth, a delay in delivery treatments, delayed phototherapy, and/or a failure to diagnose kernicterus or bilirubin encephalopathy. According to the American Academy of Pediatrics, any infant that has jaundice and requires phototherapy should have the following laboratory tests completed (especially if the infant is not responding to phototherapy):
Phototherapy utilizes an intense fluorescent light on the baby’s bare skin. The baby’s eyes are shielded from the fluorescent light that is used to speed up the decomposition and excretion of bilirubin through the baby’s skin. In some serious cases, another treatment option to remove bilirubin involves blood transfusion therapy. Jaundice is easy to diagnose and treat. Therefore, conditions such as kernicterus, bilirubin encephalopathy, and hyperbilirubinemia are preventable with proper medical attention and care.
Hypoxic ischemic encephalopathy (HIE), which is also referred to as birth asphyxia, is a neonatal brain injury that is caused by the insufficient flow of oxygen-rich blood to a baby. There are several factors that cause hypoxic-ischemic encephalopathy which include, without limitation, labor and delivery complications, maternal health issues, improper fetal monitoring, infections, or failure to provide needed intervention including an emergency C-section. Unfortunately, many cases of hypoxic-ischemic encephalopathy are caused by the negligent actions of medical professionals, which can amount to a malpractice case.
Doctors must provide special care to those with a high-risk pregnancy. Specifically, there are a variety of issues that can lead to a woman having a high-risk pregnancy that results in Hypoxic ischemic encephalopathy (HIE). These include the following:
When a child has suffered a birth injury that has damaged the child’s brain, as in hypoxic-ischemic encephalopathy (HIE) injuries, the child will often need expensive, ongoing therapies and treatments to help improve the child’s quality of life and associated medical conditions. Hypoxic-ischemic encephalopathy often leads to the development of Cerebral Palsy and other related medical conditions such as vision impairment, hearing impairment, orthopedic infirmities, eating difficulties, seizures, intellectual disfunction, and speech-language disorders. In terms of obtaining financial assistance, families may file for Medicare, Medicaid, Supplementary Security Income (SSI), Social Security Disability Insurance (SSDI) later as an adult.pdf. However, these financial assistance programs cannot cover the full costs of ensuring a child’s complete well-being when suffering such a disabling injury. Furthermore, many programs are only available to children who are under the age of 21. When the child reaches the age of 21, new financial assistance programs must be explored.
This can be a significant financial hardship for many families as their adult dependent child will continue to have multiple medical care needs. Government funding for adults with birth injuries or Cerebral Palsy is usually not adequate to ensure the adult dependent child can have a comfortable life. Hypoxic-ischemic encephalopathy (HIE) is often the result of negligent care and/or medical malpractice by the treating obstetrician (OB/GYN). During pregnancy, birth, or while the baby is in the neonatal phase, a doctor’s negligent care or act of medical malpractice may cause an unborn or neonatal baby to become deprived of oxygen-rich blood and lead to hypoxic-ischemic encephalopathy. The following are a few acts of negligence that may cause or intensify a hypoxic-ischemic encephalopathy complication:
If you suspect that your child is suffering from hypoxic-ischemic encephalopathy (HIE), and you believe your child’s injury was preventable, contact our firm for a free case review. In many cases, seeking damages through a hypoxic-ischemic encephalopathy birth injury lawsuit will help to provide your child with a better quality of life and the financial resources necessary to provide for your child’s future needs. A birth injury lawsuit, when adequately supported with evidence and brought by a top birth injury law firm, the case will be more likely to result in a favorable settlement or jury verdict. When the case has successfully settled, or a jury verdict has been handed down, the funds are often transferred into a “Special Needs Trust.” This trust funds the lifelong care of the child.
Special Needs Trusts can have investment accounts that gain interest, which accumulate interest over time. A Special Needs Trust can be created to provide tax-free income for your child, and this also enables your child to continue to receive Medicaid, Medicare, and other governmental benefits. This money will help pay for things your child needs, but government programs will not cover. Once the funds from the settlement or jury verdict have been received, you will have the peace of mind knowing that your family can afford to give your child the very best care. A life care planner will often be retained to help you understand the types of care your child will need now and throughout their life. Also, a life care planner will help the attorney understand the amount of damages to pursue in order to make sure your child has the funds for future needs.
Once a settlement or verdict has been obtained in a birth injury lawsuit, the funds are deposited in the Special Needs Trust. The Special Needs Trust then issues payments to the child in what is called “annuities.” Annuities are payouts to the beneficiary at regular intervals to pay for certain expenses. Special Needs Trusts are administered by a third party who makes sure that the money isn’t being misused. The third party is usually a trustee, custodian, or conservator.
Each state has placed a time limit on filing a lawsuit. These time limits are called the ‘statute of limitations.’ These time limits vary from state to state.
At Parker Waichman LLP, our attorneys understand exactly how you may feel about filing a birth injury lawsuit, especially filing a lawsuit against a doctor or hospital. However, our national law firm has decades of experience trying cases against big corporations to make them pay for their wrongdoings, so your child’s birth injury case will be in good hands. Here are just a few reasons why our clients have told us that they chose us:
Parker Waichman has been awarded the highest rating, “AV Preeminent,” by Martindale-Hubbell, a company that for more than 100 years has rated attorneys across the United States based on feedback from judges and our peers. We’ve also earned a near-perfect rating of 4.9 out of 5.0 from reviews on Google and recognition in the notable Best Lawyers annual publication. Parker Waichman LLP has a history of producing near-unprecedented results for our clients and the families of victims throughout the United States. Learn more about our verdicts and settlements and read our client reviews and you’ll soon see that we’re among the top personal injury law firms in the country.
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