According to the CDC, hypoxic ischemic encephalopathy (HIE) occurs in about one out of every 1,000 births in the United States. This means that thousands of babies are affected each year by HIE after birth.
The incidence of HIE is higher in premature infants, but it can also occur in full-term babies. The condition occurs most often when there is a problem with the umbilical cord or placenta.
If your child was born with HIE because of negligence during labor and delivery, you may be able to file a birth injury lawsuit. A birth injury lawyer can help you determine whether you have a case and what steps to take next.
What Is Hypoxic Ischemic Encephalopathy?
HIE can cause permanent brain damage, including learning disabilities, speech problems and muscle weakness. The symptoms of HIE may not show up for days or weeks after birth, so it’s important for parents to watch for signs of trouble in their child.
There are three types of HIE:
- Perinatal hypoxia-ischemia, which occurs during labor and delivery when there is a lack of oxygen in the baby’s blood supply due to umbilical cord compression at birth
- Asphyxia neonatorum, which occurs when there is no breathing after birth
- Neonatal encephalopathy, which occurs when there is bleeding into the brain after birth.
If your child suffers from HIE as a result of medical negligence made by another person or entity, you may be able to seek compensation through a claim or lawsuit.
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How Does HIE Happen?
When oxygenated blood isn’t getting to your baby’s brain, it can damage nerve cells and cause permanent damage or death. The condition usually happens during pregnancy or shortly after birth.
In some cases, it happens as soon as your baby takes its first breaths outside the womb—if something goes wrong with your newborn’s breathing after delivery (for example, if he or she has trouble breathing on their own).
Contacting an HIE lawyer who has experience representing clients who have suffered from this type of birth injury can help ensure that your rights are protected.
Lack of Oxygen
Healthy newborns need a lot of oxygen, but they can’t breathe on their own until they’re at least 34 weeks old. After that, they can start breathing through their lungs and get the oxygen they need.
Babies born prematurely—before that point in development—won’t have fully developed lungs or the ability to breathe on their own.
A child may be born with HIE if there is not enough oxygen to the brain during birth (through no fault of the mother).
Prolonged Labor
Prolonged labor occurs when the baby cannot pass through the birth canal, or the mother’s uterus stops contractions. It is also possible to get HIE if the mother has a medical condition that prevents her from having normal labor and delivery.
Vascular birth injuries can happen when there is not enough oxygen for the baby during delivery. The umbilical cord may be compressed or twisted around the baby’s neck, cutting off blood flow.
Bleeding in Pregnancy
When bleeding occurs during pregnancy, it can deprive the fetus of oxygen and nutrients needed for growth and development. This is more common in pregnancies with multiple fetuses (twins or triplets).
If the mother’s blood flow is interrupted, it can lead to serious health problems for her and her fetus. A condition called placenta previa occurs when the placenta implants too deeply into the uterus.
Maternal Infections
Maternal infections, such as malaria and toxoplasmosis, are spread from mother to child before birth and can cause serious problems for the fetus. This is because the placenta provides a barrier between your bloodstream and your baby’s blood supply.
If you are infected with certain types of bacteria or viruses, they can pass through this barrier and cause damage to your baby’s organs before birth.
They can make it harder for babies to breathe, eat or grow properly inside their mothers’ wombs. The infection can also affect how babies’ brains develop after they’re born.
Premature Rupture of Membranes (PROM)
PROM occurs when the amniotic sac breaks down before 37 weeks of gestation, which means the baby has less time to develop inside the mother’s womb and is more likely to have health problems.
It’s important to keep an eye on your body during pregnancy, especially if you have a history of medical issues, such as diabetes or high blood pressure. If you’re experiencing any symptoms of preterm labor, see your doctor right away.
Symptoms of Hypoxic Ischemic Encephalopathy
The symptoms and signs of HIE vary depending on how long it took for oxygen to be cut off from the brain and how severe the damage was when it occurred.
If there was no oxygen deprivation at all (i.e., if there was an interruption in circulation), there may be no symptoms at all—or very mild symptoms, such as lethargy and irritability after birth.
Some common symptoms include:
- Lethargy (your baby may seem sleepy or tired)
- Unusual irritability (she may cry more than usual)
- Poor feeding (she may not want to eat)
- Vomiting or diarrhea
In severe cases, however, there may be:
- Severe seizures that do not stop even when given medications (status epilepticus)
- Poor feeding
- Vomiting blood or green mucus
- Difficulty breathing or swallowing (dysphagia)
- Severe irritability (hypertonia)
- A high-pitched cry (hypermelia)
- Poor sucking skills
It’s important to note that hypoxic ischemic encephalopathy is not an official diagnosis. Rather, it’s a general term used to describe severe brain injury in newborns who were deprived of oxygen during birth.
While some babies may be more severely impacted than others, HIE is considered a serious medical condition that can lead to long-term health problems.
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Why a Birth Injury Lawyer Is Needed
HIE is a very serious birth injury that occurs when there is not enough oxygen and blood in a baby’s brain. This can happen during the birthing process, when the umbilical cord is compressed or becomes twisted, or if the baby gets stuck in the birth canal for too long.
The results of HIE are life-changing and often fatal. The effects of HIE on a child can be devastating, leading to lifelong disabilities such as cerebral palsy and intellectual disabilities.
If your child has been diagnosed with HIE and you believe his or her condition has been caused by negligence during pregnancy or during delivery at a hospital, you may be entitled to financial compensation for your child’s medical bills, lost wages, and other related damages.
It’s important that you contact an experienced birth injury lawyer as soon as possible. A birth injury lawyer will help you understand your legal options—including how much compensation you may be entitled to receive—so that you can make informed decisions about how to proceed with your case.
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