Hypoxic Ischemic Encephalopathy Compensation

Quick Answer

Hypoxic ischemic encephalopathy compensation provides families with the financial support they need for medical expenses and care when their child’s condition is caused or worsened by negligence. If your baby was harmed, you may be eligible for compensation from hypoxic ischemic encephalopathy claims. See if you may be eligible by getting a free case review right now.

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What Is Hypoxic Ischemic Encephalopathy Compensation?

A wooden gavel and block resting on brain scan images.When medical professionals make mistakes during labor and delivery that cause hypoxic ischemic encephalopathy (also called hypoxic-ischemic encephalopathy or HIE), families may be able to take legal action and seek HIE compensation.

Hypoxic ischemic encephalopathy is a serious brain injury caused by a lack of oxygen and blood flow that often occurs during childbirth. While some cases of HIE heal over time, others affect a child for the rest of their life.

Hypoxic-ischemic encephalopathy compensation helps families afford the care their child needs. Most hypoxic ischemic encephalopathy claims are settled out of court, providing faster access to money without the stress of a trial.

Working with an experienced hypoxic ischemic encephalopathy lawyer can increase your chances of securing the compensation your family deserves.

The Birth Injury Justice Center works with lawyers who can help families in all 50 states. Our legal partners have recovered over $1 billion for families affected by HIE and other birth injuries.

Find out if we can help your family — get a free case review now.

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A free case review is the first step in pursuing compensation for you and your family.

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Hypoxic Ischemic Encephalopathy Compensation Amounts

Hypoxic-ischemic encephalopathy compensation amounts vary depending on the severity of the child’s injury and anticipated long-term costs of care.

In some cases, families may be entitled to multimillion-dollar hypoxic ischemic encephalopathy settlements if the medical malpractice was extreme or the child is expected to need lifetime care.

Recent hypoxic ischemic encephalopathy compensation amounts include:
  • $8.8 million for an Ohio child with HIE, cerebral palsy, and epilepsy due to a delayed C-section
  • $6 million to a Michigan family for cerebral palsy and seizures after fetal distress
  • $4.25 million for a Massachusetts child for HIE caused by prolonged and mishandled labor induction
  • $2.5 million in Florida for HIE, seizures, and respiratory failure from induced labor
  • $3.5 million for HIE due to improper fetal monitoring and a delayed C-section
  • $5.5 million to a Maryland family for HIE caused by an incorrectly positioned post-delivery catheter
  • $5 million for significant brain injury from HIE due to a delayed delivery
  • $8 million for severe disabilities from HIE caused by delivery mistakes

If your child suffered HIE due to preventable medical errors, you may be eligible for compensation, too. A personal injury lawyer can review the facts of your case and seek hypoxic ischemic encephalopathy compensation to ease financial stress and support long-term care.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if a top birth injury lawyer may be able to file hypoxic ischemic encephalopathy claims for you.

Hypoxic Ischemic Encephalopathy and Medical Malpractice

Labor and delivery teams are trained to deliver babies safely and act quickly to manage risk factors when they arise. When they fail to do so and cause harm, their actions may be considered medical malpractice.

Examples of hypoxic-ischemic encephalopathy malpractice include:
  • Failing to administer timely neonatal care like therapeutic hypothermia (cooling) to minimize brain damage
  • Ignoring signs of fetal distress, such as an abnormal heart rate or reduced oxygen levels
  • Mishandling umbilical cord issues or problems with the placenta
  • Mismanaging diabetes, high blood pressure, or other maternal health issues
  • Not addressing complications like shoulder dystocia properly or a breech (feet-first) birth
  • Waiting too long to perform an emergency cesarean section when the baby is in distress

Birth injuries like HIE can have devastating long-term effects, requiring expensive therapies, surgeries, and more.

If the cause of hypoxic-ischemic encephalopathy in your child could have been prevented, you may have a path forward. A birth injury attorney may be able to seek hypoxic ischemic encephalopathy compensation on your behalf to provide the financial support your family needs.

Who Can File Hypoxic Ischemic Encephalopathy Claims?

Families of children affected by HIE may be able to file hypoxic ischemic encephalopathy claims for compensation if medical negligence was involved.

Here’s who may be eligible to file hypoxic-ischemic encephalopathy claims:
  1. Parents: The child’s primary caregivers who have been directly impacted
  2. Legal guardians: Individuals with legal responsibility for the child

Hypoxic-ischemic encephalopathy may be diagnosed immediately after birth. However, in some cases, the birth injury may not be noticed until weeks — or even months — later.

Common side effects of hypoxic-ischemic encephalopathy include irregular breathing, heart rate and blood pressure problems, extreme fussiness, and feeding difficulties.

Long-term effects of HIE like developmental delays, epilepsy, or movement problems related to cerebral palsy brain damage may not show up until your child grows.

You don’t need an official diagnosis to get legal help pursuing hypoxic ischemic encephalopathy compensation. Our team is standing by to help you determine if you may be eligible to file an HIE claim.

Contact one of our experienced labor and delivery nurses right now — for free.

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Steps to Filing a Hypoxic Ischemic Encephalopathy Claim for Compensation

Filing hypoxic ischemic encephalopathy claims involves several key steps. A skilled birth injury lawyer can handle all of the legal work, so you can focus on your child’s care.

Here’s what to expect when seeking hypoxic ischemic encephalopathy compensation:
  1. Free case review: Top birth injury law firms offer free legal consultations to determine if you may have a case. Get your free case review right now.
  2. Gather evidence: Your legal team will collect important evidence, like medical records, witness testimony, and expert opinions, to build a strong HIE claim.
  3. File the HIE lawsuit: Your attorney will file a birth injury lawsuit in the proper court before any legal deadlines.
  4. Negotiate an HIE settlement: Your lawyer will work to secure a hypoxic-ischemic encephalopathy claim settlement, so you can secure the compensation you need as quickly as possible.

If your HIE lawsuit doesn’t settle, your legal team can fight for your family in court with the goal of securing compensation from a trial verdict.

However, most birth injury lawsuits result in settlements, allowing families to access compensation without going to court.

Factors That Affect Hypoxic Ischemic Encephalopathy Compensation

Several factors may affect how much compensation you may receive from hypoxic-ischemic encephalopathy claims. When a child’s health problems are severe and could result in long-term impairments, hypoxic ischemic encephalopathy compensation may be substantial.

These factors may affect hypoxic ischemic encephalopathy claims payout amounts:

  • Degree of medical malpractice involved
  • Expenses for birth injury treatments, like medications, therapy, and surgery
  • Pain and suffering endured by your child and family
  • Severity of the HIE injury to your baby
  • Whether your child is likely to suffer HIE complications later in life

State laws may also impact the amount of any hypoxic ischemic encephalopathy compensation you may receive, as rules often vary by location.

The Birth Injury Justice Center works with skilled lawyers who can determine your child’s lifetime care costs and fight for the hypoxic ischemic encephalopathy compensation your family needs.

Get a free case review to see if we may be able to fight hard for everything you deserve.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When to Seek Hypoxic Ischemic Encephalopathy Compensation

Families should consider filing hypoxic-ischemic encephalopathy claims for compensation as soon as they suspect their child’s condition could have been prevented.

Acting quickly is important due to the statute of limitations, a deadline that limits how much time you have to take legal action. Once the deadline in your case passes, you won’t be able to file a hypoxic ischemic encephalopathy claim again.

Deadlines for filing birth injury cases vary by state. An experienced birth injury lawyer can explain the time limit in your case and ensure your hypoxic ischemic encephalopathy lawsuit is filed correctly and before your deadline.

Call us right now at (800) 914-1562 — while there’s still time.

Get Help Seeking Hypoxic Ischemic Encephalopathy Compensation

A preventable birth injury can turn a family’s world upside down. The emotional and mental toll can be overwhelming, leaving many parents wondering how they’re going to afford the medical attention and care their child needs.

Hypoxic-ischemic encephalopathy compensation can help lessen any financial worries you may have about providing for your child in the days — and years — ahead.

The Birth Injury Justice Center works with experienced HIE lawyers who can help families in all 50 states and never charge any upfront costs or hourly fees.

Our legal partners have secured more than $1 billion for families affected by HIE and other preventable birth injuries, and they may be able to help your family, too.

Call us at (800) 914-1562 right now or fill out our case review form to see if we may be able to help you provide your child with a brighter future.

Hypoxic Ischemic Encephalopathy Compensation FAQs

What is the settlement for hypoxic ischemic encephalopathy?

The settlement for hypoxic-ischemic encephalopathy (HIE) is compensation paid to families to resolve lawsuits when the condition is caused by medical negligence.

It’s not uncommon for HIE settlements to hit $1 million or more, especially in cases where medical errors are extreme or the child has permanent disabilities.

Get a free case review now to see if you may be eligible to pursue hypoxic-ischemic encephalopathy compensation.

Is hypoxic-ischemic encephalopathy a disability?

Yes, hypoxic-ischemic encephalopathy can cause mild to severe disabilities, depending on the severity of the brain damage.

While mild HIE may not cause long-term disabilities, moderate to severe HIE can result in cerebral palsy, intellectual impairments, and vision and hearing problems.

Hypoxic-ischemic encephalopathy compensation can help families afford the care their child needs to thrive.

What is hypoxic ischemic encephalopathy medical malpractice?

Hypoxic ischemic encephalopathy medical malpractice occurs when a health care provider makes a mistake that causes a baby’s brain to be deprived of oxygen or blood flow, causing HIE brain damage.

Examples of HIE medical malpractice include:

  • Delaying a medically necessary C-section
  • Ignoring signs of fetal distress
  • Making errors when monitoring fetal heart rate
  • Mismanaging a high-risk pregnancy
  • Not identifying a maternal or fetal infection

When mistakes like these occur, a birth injury lawyer can file hypoxic ischemic encephalopathy claims and fight for the compensation a family deserves.

Can I sue for HIE?

You may be able to sue for hypoxic-ischemic encephalopathy if a medical provider made errors that caused or worsened the condition in your child.

Compensation from an HIE birth injury claim can help families afford expensive medical care and more.

Call (800) 914-1562 now to learn about your legal options and see if we may be able to help you seek compensation for your child’s HIE.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Cleveland Clinic. (2023, September 8). Hypoxic-ischemic encephalopathy (HIE). Retrieved February 24, 2025, from https://my.clevelandclinic.org/health/diseases/hypoxic-ischemic-encephalopathy-hie
  2. National Institute of Neurological Disorders and Stroke. (n.d.). Hypoxic-ischemic encephalopathy. Retrieved February 24, 2025, from https://www.ninds.nih.gov/health-information/disorders/hypoxic-ischemic-encephalopathy
  3. Nationwide Children’s. (2022, May 1). Neonatal hypoxic ischemic encephalopathy. Retrieved February 24, 2025, from https://www.nationwidechildrens.org/conditions/health-library/neonatal-hypoxic-ischemic-encephalopathy
  4. Sokolove Law. (2025, February 11). Hypoxic-ischemic encephalopathy (HIE) lawyer. Retrieved February 24, 2025, from https://www.sokolovelaw.com/birth-injuries/hypoxic-ischemic-encephalopathy-hie/