Filing an HIE Lawsuit in 2025
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when a child’s brain doesn’t get enough oxygen or blood flow during pregnancy or delivery.
HIE, sometimes referred to as birth asphyxia, may be caused by a preventable mistake before, during, or after delivery, which is considered medical malpractice.
By filing an HIE lawsuit, you can get help:
- Holding negligent medical professionals accountable for their actions
- Securing compensation for your child’s care
- Potentially preventing other babies from experiencing similar harm in the future
“A child born with a birth injury will likely require a lifetime of care. An experienced birth injury attorney may be able to help you determine if your child’s injury was caused by medical negligence and seek the compensation your family needs.”
– Jim Sokolove, Firm Founder (Retired 2013)
At Sokolove Law, we’ve secured over $1 Billion from birth injury lawsuits for those affected by preventable birth injuries like hypoxic-ischemic encephalopathy.
Our HIE lawyers are committed to helping families afford the resources needed to provide their children with the best possible quality of life. Contact us now to get started with a free case review.
Hypoxic-Ischemic Encephalopathy & Medical Malpractice
Medical malpractice can occur when a health care worker makes a mistake before, during, or shortly after birth that causes harm to a baby.
Medical malpractice in HIE cases may involve:
- Delayed delivery: In emergency situations, a C-section may need to be performed quickly to prevent oxygen deprivation. However, if the medical team is unprepared or doesn’t act fast, critical delays can occur.
- Failure to recognize or respond to fetal distress: Medical staff may overlook or ignore warning signs like an abnormal heart rate or decreased fetal movement, which may indicate the baby isn’t receiving enough oxygen.
- Inadequate use of cooling therapy: Delays in administering cooling therapy for babies who show signs of HIE may result in more severe brain damage.
- Malfunctioning equipment: If a baby isn’t breathing at birth and equipment like positive pressure ventilation (PPV) devices fail to work, it could delay oxygen administration and worsen the baby's condition.
At Sokolove Law, we have registered nurses on staff with decades of combined labor and delivery experience. They can help you determine the potential cause of your child’s birth injury — and if malpractice may have played a role.
“There are clues during delivery that medical staff can look for to show that something may be wrong, like concerns with the fetal heart rate or how long labor lasts. Malpractice comes into play when those clues aren't listened to or acted on in a timely manner.”
– Beth Carter, Registered Nurse with Sokolove Law
Who Can HIE Attorneys Help?
An HIE lawyer can help families who suspect their child’s brain injury may have been caused by medical negligence during birth.
Clients often include the child’s:
- Mother
- Father
- Legal guardian
- Estate representative
Whether your child has a formal diagnosis of HIE or is just showing signs of a potential birth injury caused by brain damage, our team is here for you.
Call (800) 995-1212 now to see if our HIE attorneys may be able to fight for your family. It costs nothing to speak with us.
“Our baby spent two weeks in the NICU and cooling therapy was done. She was eventually diagnosed with CP. Without Sokolove Law, we wouldn't have known what to do or even where to start.”
– Pennsylvania Parent & Firm Client
How to File an HIE Lawsuit
At Sokolove Law, we understand how overwhelming it can be to navigate a birth injury lawsuit while caring for your child.
Our team is here to take care of every step of the legal process for you, so you can focus on what matters most — your child’s health and well-being.
Our HIE lawsuit lawyers can:
- Provide a free consultation to determine if you may have a case
- Gather evidence to prove your child’s condition was caused by negligence, like medical records and witness statements
- File your hypoxic-ischemic encephalopathy lawsuit before any deadlines
- Negotiate a settlement with the defendant(s), which may include the hospital or health care workers
In the rare case that a settlement isn’t able to be reached, our HIE attorneys are prepared to present your case in court and fight for compensation from a trial verdict.
Hypoxic-Ischemic Encephalopathy Lawsuit Deadlines
The deadline to file a hypoxic-ischemic encephalopathy lawsuit is set by laws called the birth injury statutes of limitations.
While these deadlines vary by state, in some areas, you may only have 1 year to file an HIE lawsuit on behalf of your child.
It’s important to reach out to our HIE attorneys as soon as possible, so you don’t miss your chance for justice. Our experienced team can help you understand the deadline for your case and guide you through the legal process.
HIE Settlements & Verdicts
With more than $1 Billion secured for families impacted by birth injuries, our team is prepared to fight for the HIE compensation you deserve.
Some of our past birth injury settlements and verdicts include:
- $9.67 Million for a child who suffered injuries due to a delayed delivery
- $6.5 Million to a Washington child with CP who received cooling therapy
- $5 Million for a child in California who wasn't breathing at birth
- $3.5 Million to an Ohio child who has seizures and special needs from brain injury
- $1.5 Million for a Pennsylvania child with a brachial plexus injury
- $4.75 Million to a child in Kentucky who suffered a brain injury after a prolonged delivery
- $5 Million for a Massachusetts child who suffered brain damage during delivery
While there’s never a guarantee of compensation in any case, our HIE lawyers will fight hard to maximize your potential settlement and get you everything you’re entitled to.
Call (800) 995-1212 now to find out if your family may qualify for an HIE lawsuit settlement. It costs nothing to speak with us.
What Determines HIE Lawsuit Settlement Amounts?
The amount you may be awarded from a hypoxic-ischemic encephalopathy lawsuit settlement can vary widely depending on several factors, like:
- The severity of the child’s injury and its impact on their quality of life
- Past, current, and future medical expenses for treatment and ongoing care
- The extent of medical negligence that led to your child’s injury
- State laws that may limit how much can be awarded for HIE claims
In some cases, children with HIE may develop cerebral palsy (CP), a neurological disorder that impacts movement and muscle coordination.
The presence of CP or other significant long-term disabilities can increase the value of a lawsuit settlement, as these children may require a lifetime of care and support.
Choosing a Hypoxic-Ischemic Encephalopathy Lawyer
When choosing an HIE lawyer, it’s important to select an attorney or firm with experience in birth injury malpractice cases. The right lawyer can help you navigate the legal process and fight for the best possible outcome for your child.
Try to look for HIE lawyers with:
Our HIE attorneys are compassionate toward those who turn to us — and relentless with those who’ve caused them harm. Let us fight for your family.
How Much Does an HIE Attorney Cost?
At Sokolove Law, there are no upfront costs or hourly fees to work with our HIE attorneys. We operate on a contingency-fee basis, which means you pay nothing unless we secure compensation for your family.
This ensures that you can pursue justice for your child’s case without worrying about legal expenses. Our goal is to make the process as easy and stress-free as possible.
Recognizing HIE Symptoms in Infants
Some signs of a birth injury like HIE may show up right after birth. Others, like developmental delays or difficulties with motor skills, might not be noticeable until your child gets older.
Symptoms of HIE can include:
- Bluish tint to their skin, lips, or nails
- Difficulty feeding
- Irritability
- Low muscle tone
- Poor reflexes
- Seizures
- Slow heart rate
- Trouble breathing
The symptoms of hypoxic-ischemic encephalopathy can vary widely depending on factors like how long an infant was without oxygen and which part of their brain was affected.
Early diagnosis and treatment are critical to managing HIE and reducing the risk of long-term complications. If you suspect your child may have HIE, seek medical care for ongoing.
HIE Treatment for Newborns
Newborns with HIE often require medical treatment and monitoring to minimize brain damage caused by the lack of oxygen or blood flow to their brain.
Therapeutic hypothermia or cooling therapy may be used in the NICU to:
- Lower their body temperature
- Reduce inflammation
- Slow the progression of a brain injury
- Prevent further damage to the brain
For the best outcomes, cooling therapy should begin within 6 hours of birth. However, even with immediate treatment, HIE can result in long-term complications that may require ongoing care to address issues like developmental delays.
“Children with these types of injuries require extensive therapies: physical therapy, occupational therapy, speech therapy. A lot of these kids are in wheelchairs and use assistive devices. We can help families seek compensation to afford these treatments.”
– Kristin Proctor, Registered Nurse with Sokolove Law
If your child has HIE or received cooling therapy but never got a formal diagnosis, contact Sokolove Law now. You may be eligible for HIE compensation that can help pay for your child’s care.
HIE Baby Life Expectancy
The life expectancy of a baby with HIE can vary widely based on the severity of the condition, the care they receive, and any resulting complications.
An estimated 20% to 50% of infants with HIE pass away from their injuries, while up to 60% of surviving babies live with a long-term neurological condition, according to the Cleveland Clinic.
Most kids with mild or moderate HIE have a normal life expectancy. However, babies with extensive brain damage from severe HIE may pass away during infancy or early childhood.
Each HIE case is unique, but early intervention plays a key role in improving a child’s life expectancy and quality of life.
Find an HIE Lawyer Near You Now
If medical negligence caused your baby’s HIE, an attorney may be able to help you pursue compensation for the cost of their treatments, therapies, and long-term care.
At Sokolove Law, our HIE lawyers can help families in all 50 states seek justice for their child’s injuries.
Our team of HIE attorneys has:
- Over 45 years of experience handling birth injury cases
- No upfront costs or hourly fees
- Recovered more than $1 Billion in birth injury compensation
Our team can take care of the legal legwork for you while providing support throughout the entire process.
Call (800) 995-1212 now or fill out our contact form to take the first step toward justice for your child.
Hypoxic-Ischemic Encephalopathy Lawsuit FAQs
Is HIE caused by malpractice?
In some cases, HIE in newborns may be the result of medical malpractice or negligence, like failure to respond to a low heart rate in a timely manner or not performing a C-section when necessary.
If your child has suffered an HIE birth injury, you may be able to pursue legal action for the harm caused by medical negligence. Contact Sokolove Law now to find out if our HIE attorneys can help.
Can I sue for HIE?
Parents or guardians of a child with hypoxic-ischemic encephalopathy due to medical malpractice may be able to sue for HIE. Filing an HIE lawsuit has helped many families secure compensation and justice for their child.
Medical professionals have a responsibility to provide proper care during labor and delivery. If they fail to meet this standard and cause harm to your child, you may have grounds for legal action.
Call (800) 995-1212 now for free help determining your eligibility to sue for HIE.
How can I find the best HIE attorney near me?
When looking for the best HIE attorney to handle your child’s case, it’s important to find an experienced lawyer with a track record of securing results for children who have been injured at birth.
The best lawyer for your case may not necessarily be in your immediate area. Attorneys from national birth injury firms like Sokolove Law often have the resources, knowledge, and experience needed to take on large hospitals and health care institutions.
What is the settlement for hypoxic-ischemic encephalopathy?
Some hypoxic-ischemic encephalopathy lawsuits have awarded millions of dollars to children and their families.
A few of our past birth injury results include:
- $8.8 Million to an Ohio family whose child experienced severe fetal distress
- $7 Million for a Michigan child with cerebral palsy from malpractice at birth
- $5 Million to a child in North Carolina who suffered brain damage during delivery
- $5.9 Million for a Texas child who suffered oxygen deprivation due to delayed medical care
- $8 Million to a child with cerebral palsy in New York
Get a free case review now to find out if you may qualify for an HIE settlement.
Is hypoxic-ischemic encephalopathy a disability?
Hypoxic-ischemic encephalopathy is a form of brain damage that can cause disabilities like developmental delays, cognitive impairments, motor difficulties, and cerebral palsy.
The severity of these disabilities depends on the extent of brain injury and the child’s response to treatment.
What causes HIE in newborns?
In newborns, HIE is caused by a lack of oxygen or blood flow to the brain during or shortly after birth.
This can result from medical errors like not:
- Promptly perform a C-section when an emergency arises
- Recognizing or responding to signs of distress
- Properly using or maintaining equipment designed to assist with the baby’s breathing at birth
The extent of a child’s HIE can also be impacted by a health care worker’s failure to administer cooling therapy within the recommended time frame.
What are the symptoms of HIE at birth?
Symptoms of HIE at birth can include difficulty breathing, low muscle tone, poor reflexes, seizures, and a bluish tint to the skin. These symptoms may vary depending on the location and extent of brain damage, according to Nationwide Children’s Hospital.
How do you treat a baby with HIE?
The most common treatment for babies with HIE is therapeutic hypothermia, which is also known as cooling therapy. Lowering the baby’s body temperature helps slow the brain’s metabolic processes, reducing further damage to brain cells.
After the cooling period, the baby’s body temperature is gradually brought back up to normal. Babies with HIE may also need more care like antiseizure medication and supplemental oxygen.
What is the survival rate for hypoxic-ischemic encephalopathy?
The survival rate for infants with hypoxic-ischemic encephalopathy varies depending on the severity of the condition. In general, an estimated 50-80% of babies diagnosed with HIE survive, according to Cleveland Clinic.
How much does an infant hypoxic-ischemic encephalopathy lawyer charge?
At Sokolove Law, there are no upfront costs or hourly fees to work with our infant hypoxic-ischemic encephalopathy lawyers.
Our HIE attorneys operate on a contingency-fee basis, which means you pay nothing unless we secure compensation for your family.
