Pennsylvania Hypoxic-Ischemic Encephalopathy (HIE) Attorneys

Hypoxic-Ischemic Encephalopathy, or HIE, is a severe brain injury caused by oxygen deprivation around birth. If your baby was diagnosed with this condition, you’re likely facing incredible challenges and serious questions about what happened. 

At ABC Law Centers, we understand the struggles your family faces. For over 25 years, our firm has focused exclusively on birth injury cases, especially those involving HIE. It is our firm’s mission to represent families in your position, and we are dedicated to securing the best future possible for your child.

ABC Law Centers attorneys serve families throughout the United States, including Pennsylvania. Reach out to us today and our staff will be ready to hear your story, answer any questions you may have, and walk you through your legal options. A consultation is completely free, and you have no obligation to work with us for your case.

Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by a lack of oxygen and blood flow to a baby’s brain around the time of birth. While some oxygen deprivation might be unavoidable, many HIE cases are directly caused by medical malpractice—preventable errors or failures by medical professionals during pregnancy, labor, delivery, or immediately after birth. These errors can lead to devastating and often permanent neurological impairments.

HIE often occurs when healthcare providers fail to properly manage complications that interrupt a baby’s oxygen supply. Common examples of negligence include:

• Failure to Respond to Fetal Distress: Not recognizing or acting quickly enough on signs of a baby in distress shown on fetal heart rate monitors.
• Delayed Emergency C-Section: Not performing an emergency C-section in a timely manner when medically indicated.
• Mismanagement of Umbilical Cord Issues: Failing to identify and address problems like a prolapsed or compressed umbilical cord that cuts off oxygen.
• Placental Complications: Negligently managing conditions like placental abruption.
• Improper Resuscitation: Errors or delays in resuscitating a baby born not breathing or with a low Apgar score.

The following may indicate that malpractice may have occurred with your baby’s HIE diagnosis.

Before and during birth:

• Labor and delivery was exceptionally difficult
• Labor was prolonged or arrested
• C-section was needed, but was delayed
• Medical staff used vacuum extractors or forceps to deliver the baby
• Medical staff dismissed the parents’ concerns and/or did not obtain the mother’s informed consent before pursuing a certain course of action/intervention

After birth, your baby:

• Needed resuscitation after birth
• Received cooling treatment (therapeutic hypothermia)
• Had neonatal seizures
• Scored very low APGAR scores
• Had blue or grey skin color (cyanosis)
• Required head imaging (MRI or ultrasound)
• Was intubated or put on a ventilator
• Stayed in the Neonatal Intensive Care Unit (NICU) for an extended period of time
• Experienced developmental delays
• Missed milestones
• Received a diagnosis for a learning disability or autism

There is currently only one treatment available that can minimize or prevent permanent brain damage from HIE; this treatment is called therapeutic hypothermia (also known as brain cooling or cooling therapy). Therapeutic hypothermia must be performed very shortly after birth/the oxygen-depriving event.

Exact guidelines vary based on the baby’s individual circumstances, but often this must be done within six to twelve hours of birth. The sooner it is administered, the more effective it is.

Therapeutic hypothermia is the standard of care for HIE. This means that if a baby has HIE and they don’t receive brain cooling, the medical practitioners have committed malpractice by missing a crucial opportunity to help the baby’s brain heal.

In addition to therapeutic hypothermia, there are a variety of other treatments and therapies designed to help mitigate symptoms associated with HIE. For example, babies with HIE may require breathing support, seizure medications, or IV fluids. Additionally, it is absolutely critical that the baby receives early intervention care, which can include various therapies (occupational therapy, speech therapy, and physical therapy among them), and early education programs in order to ensure the best outcome possible for that child.

When your child’s future depends on it, choosing the right legal team for an HIE case is critical. These cases are highly complex, requiring specialized knowledge and a proven track record. Families across the U.S., including those in Pennsylvania, choose ABC Law Centers because:

• Exclusive Birth Injury Focus: Since 1997, our firm has practiced only birth injury law. This singular focus means we possess deep knowledge in the medical and legal complexities of HIE. Unlike a general personal injury firm, our exclusive focus on birth injury allows us to deeply understand the medicine, nuances of malpractice, and your family’s situation. 
• Decades of Experience & Results: Our attorneys have achieved multi-million dollar verdicts and settlements, which help pay for lifetime care for birth-injured children. We know what it takes to win these challenging cases.
• Nationwide Reach, Local Collaboration: Our attorneys travel to you and collaborate with local counsel, ensuring all legal work is managed by ABC Law Centers and adheres to local requirements. 
• Compassionate Client Support: We approach every case with empathy, offering dedicated support to help ease your burden so you can focus on your child.
• No Fee Unless We Win: We operate on a contingency fee basis. You pay no legal fees unless we recover compensation for you, ensuring access to justice regardless of your financial situation.

Determining if your child’s HIE was due to medical malpractice requires a thorough investigation. In Pennsylvania, a viable HIE case must prove that medical negligence directly caused or worsened your child’s injury. This means establishing:

1. Duty of Care: The medical professionals involved owed a professional standard of care.
2. Breach of Duty: They failed to meet this accepted standard of care.
3. Causation: This failure directly caused or significantly contributed to your child’s HIE.
4. Damages: Your child suffered actual injuries and resulting expenses.

Our team works with an extensive network of medical experts to review your records, identifying any departures from the standard of care. If you suspect a medical error, contacting our dedicated HIE lawyers is the critical first step to assess your case.

In a Pennsylvania HIE injury case, several parties could be held responsible for medical malpractice. Identifying all negligent parties is essential for securing maximum compensation. Our investigations often focus on negligence by:

• Obstetricians: For mismanagement of pregnancy or delivery complications.
• Labor and Delivery Nurses: For failures in monitoring, communication, or emergency response.
• Midwives: If their care fell below the standard of practice.
• Hospital Staff: Including residents, fellows, or other personnel whose errors contributed to the HIE.
• Hospitals and Healthcare Systems: For systemic failures like inadequate staffing, poor training, or improper protocols.
• Anesthesiology Teams: For errors during delivery that lead to oxygen deprivation, though less common.

Our HIE lawyers will conduct a comprehensive investigation to pinpoint every party whose negligence contributed to your child’s HIE.

An HIE diagnosis can lead to significant and lifelong challenges for your child and immense financial strain for your family. A successful medical malpractice lawsuit for HIE in Pennsylvania aims to recover damages that cover these extensive costs and provide for your child’s future needs. 

Compensation in such cases can include both economic and non-economic damages:

• Past and Future Medical Expenses: This is often the largest component of damages, covering emergency medical care, hospital stays, surgeries, medications, and ongoing medical treatments related to the HIE. It also includes future costs for anticipated medical needs throughout your child’s life.
• Therapies and Rehabilitation: HIE often necessitates a wide range of therapies, including physical therapy, occupational therapy, speech therapy, and psychological counseling. These costs, both past and future, may be recoverable.
• Assistive Technology and Equipment: Compensation can cover specialized equipment like wheelchairs, braces, communication devices, adapted vehicles, and home modifications to accommodate your child’s needs.
• Lost Earning Capacity: If your child’s HIE injury is severe enough to prevent them from working or limit their earning potential as an adult, the lawsuit can seek compensation for this lost income over their lifetime.
• Special Education and Vocational Training: Costs associated with specialized educational programs, tutors, and vocational training designed to help your child achieve their maximum potential.
• In-Home Care and Personal Attendant Care: For children requiring round-the-clock care or significant assistance with daily living, compensation for professional in-home care or the economic value of care provided by family members.

• Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish your child endures due to their injury and its consequences.
• Loss of Enjoyment of Life: Damages for the inability to participate in activities, hobbies, and experiences that a healthy child would typically enjoy.
• Emotional Distress for Parents: In some cases, parents may also be able to recover for their own significant emotional distress caused by witnessing their child’s severe injury due to negligence.

Our HIE lawyers in Pennsylvania work closely with life care planners, economists, and medical experts to accurately calculate the full extent of your child’s present and future damages. Our goal is to ensure your family has the financial security needed to provide your child with the best possible quality of life.

Understanding the legal deadlines for filing a birth injury lawsuit in Pennsylvania is critically important. This time limit is known as the statute of limitations, and failing to file within this window can permanently bar your right to seek compensation.

In Pennsylvania, the general statute of limitations for medical malpractice claims is two years from the date the injury occurred or when it was reasonably discovered. However, birth injury cases involving minors have special provisions:

• For the Child’s Claim: Pennsylvania law provides a “minor tolling” rule. This means the two-year statute of limitations does not begin to run until the child reaches the age of 18. Therefore, a lawsuit for an HIE birth injury can generally be filed on behalf of the child until their 20th birthday.
• For the Parents’ Claim: Any claims made directly by the parents for their own damages (such as lost wages for caregiving or direct emotional distress) are typically subject to the standard two-year statute of limitations from the date of the incident or discovery, and do not benefit from the minor tolling rule.

There is also a seven-year statute of repose in Pennsylvania for medical malpractice claims, which generally limits claims to within seven years of the alleged malpractice, regardless of when it was discovered. However, there can be exceptions to this rule, particularly for minors.

Given the complexities of these deadlines and the unique circumstances of each case, it is crucial to contact an experienced HIE lawyer in Pennsylvania as soon as possible. Our team can help you understand the specific deadlines that apply to your family’s situation and ensure your right to pursue justice is protected.

We understand that families facing an HIE diagnosis for their child are already under immense financial and emotional pressure. The thought of adding legal fees to that burden can be daunting. At ABC Law Centers, we firmly believe that financial limitations should never prevent a family from pursuing justice for medical malpractice.

That’s why we operate on a contingency fee basis. This means:

• No Upfront Costs: You do not pay any hourly legal fees, retainers, or upfront costs to our firm.
• We Only Get Paid if We Recover Money for You: Our legal fees are contingent upon the successful outcome of your case. If we do not secure a favorable verdict or settlement for your family, you owe us nothing.

This fee structure allows us to bear the financial risk of litigation, which can be substantial in complex HIE cases requiring extensive medical reviews and expert testimony. It ensures that every family, regardless of their current financial situation, has access to high-quality legal representation. Our focus is solely on helping your child and securing their future.

Bringing an HIE birth injury case is a monumental undertaking, but you don’t have to face it alone. The dedicated team at ABC Law Centers is prepared to handle every aspect of your legal journey with skill, compassion, and unwavering commitment:

• Thorough Investigation: Our in-house medical staff review all relevant medical records, looking for any deviations from the accepted standard of care that may have led to your child’s HIE. 
• Medical Expert Collaboration: We work with a network of leading medical experts across various specialties, including obstetrics, neonatology, and neurology to analyze the evidence. These experts provide critical insights and testimony to establish how medical malpractice caused your child’s injury.
• Case Development: Our legal team constructs a compelling case, outlining the specific acts of negligence, linking them directly to your child’s HIE, and comprehensively calculating all current and future damages.
• Empathetic Support: Our attorneys are here for you all throughout your case. We know how hard this process can be, and our team will provide kindness and support wherever we can.
• Skilled Negotiation: We handle negotiations with the defendant’s legal teams and insurance companies, always striving for a fair settlement that fully addresses your child’s lifelong needs.
• Aggressive Litigation: If a fair settlement cannot be reached, our experienced trial lawyers are prepared to litigate your case in court, advocating on your family’s behalf to secure the justice and compensation your child deserves.
• Nationwide Advocacy: ABC Law Centers attorneys have handled cases across the United States. As members of the Birth Trauma Litigation Group, we focus exclusively on this case type and ensure that children nationwide receive the dedicated legal attention they need.

Attorneys at ABC Law Centers: Birth Injury Lawyers focus solely on birth injury cases and have a network of renowned medical, economic and forensics experts at our side. Our attorneys are consistently recognized for their hard work in the birth injury arena and we have an extensive track record in providing services to families affected by birth injuries. We provide personalized attention to our clients and keep them informed throughout each step of the legal process.

We help secure parents’ peace of mind knowing their children will be well-cared for throughout their lives. Call us for a free, no-obligation consultation. We will always keep your information completely confidential.

More about pursuing a birth injury case

• The client intake process
• The legal process
• Misperceptions about birth injuries and medical malpractice lawsuits

The “standard of care” refers to the level and type of care that a reasonably competent and prudent medical professional would have provided in similar circumstances. Proving that a healthcare provider fell below this standard is central to a medical malpractice claim.

In most birth injury cases, the child does not have to appear in court. Our legal team handles all court proceedings and interactions, allowing your family to focus on your child’s well-being.

Due to their complexity, HIE birth injury lawsuits can take several years to resolve. The timeline varies significantly based on the specifics of the case, the need for extensive investigation and expert testimony, and whether a settlement is reached or the case proceeds to trial. Our firm is committed to seeing your case through to the best possible resolution, no matter how long it takes.

It’s common for families not to know the precise cause of their child’s HIE. Our role is to investigate thoroughly. During your free consultation, our team will listen to your story and explain how we can review your medical records to determine if medical malpractice played a role. We’re here to help you find any answers you don’t have.