HIE Lawsuit

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Filing an HIE birth injury lawsuit can hold negligent medical professionals accountable and help families access money for care. Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by a lack of oxygen. If the condition was preventable, families who were affected may be able to file HIE lawsuits. Get a free case review to see if you may qualify.

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What Is an HIE Lawsuit?

A medical professional measures a baby’s head with a tape measure while the baby lies on an examination table.An HIE lawsuit is a personal injury claim filed against health care providers who are responsible for causing harm to a child.

Hypoxic-ischemic encephalopathy occurs when a baby’s brain is deprived of oxygen or blood flow during childbirth. Children with HIE often develop cerebral palsy (CP), causing lifelong mobility and developmental challenges.

Managing these conditions requires ongoing care and therapy, which can lead to missed work for parents and significant financial strain.

Filing an HIE lawsuit allows you to seek money to cover medical costs while holding negligent medical providers accountable.

Did you know

In 2024, a Pennsylvania family won $32 million in an HIE lawsuit after a delayed C-section caused their child’s severe, lifelong brain damage.

If medical errors are responsible for your child’s condition, an HIE lawyer can help you build a strong case and pursue the compensation your family deserves.

The skilled lawyers in our network have helped families nationwide recover over $962 million for birth injuries, including HIE.

Find out if they can help you, too. Get a free case review right 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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HIE Lawsuit Compensation

The value of HIE lawsuits depends on the severity of the baby’s condition and the level of care they received.

Cases of severe harm or clear-cut medical errors can result in HIE lawsuit settlements of over $1 million.

These are reported HIE lawsuit compensation amounts:
  • $8.8 million in Ohio for CP, HIE, and epilepsy from a delayed cesarean section
  • $5 million for a child who suffered a significant brain injury after a delayed delivery
  • $4.25 million in Massachusetts for an improperly managed labor induction
  • $3.5 million for improper fetal monitoring and a delayed C-section causing HIE
  • $2.5 million in Florida for induced labor complications, causing HIE and seizures
  • $5.5 million in Maryland after improper positioning of a post-delivery catheter
  • $6 million in Michigan for HIE involving cerebral palsy following fetal distress
  • $8 million for severe lifelong disabilities from HIE caused by negligence

You may be entitled to compensation, too, if your child’s HIE was caused by medical negligence.

Get a free consultation with an experienced legal professional to find out how much you might receive from an HIE lawsuit.

Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you with a top HIE lawyer near you.

Medical Malpractice and Hypoxic-Ischemic Encephalopathy

Birth injury medical malpractice happens when a health care provider, like a doctor or nurse, fails to provide proper care, leading to harm.

Hypoxic-ischemic encephalopathy often results from critical medical mistakes during pregnancy, labor, or delivery that deprive the baby’s brain of oxygen.

Situations linked to preventable hypoxic-ischemic encephalopathy include:
  • Delaying a cesarean section when signs of fetal distress are present
  • Failing to monitor fetal heart rate and respond to signs of oxygen deprivation
  • Ignoring risk factors, like preeclampsia, maternal diabetes, or large baby size
  • Mismanaging labor complications, such as umbilical cord or placenta issues
  • Misusing assisted delivery tools, like forceps or vacuum extractors
  • Withholding necessary resuscitation or cooling therapy after delivery

If you suspect your child’s condition happened because of medical negligence, you may be able to file an HIE lawsuit.

Why File an HIE Birth Injury Lawsuit?

Filing HIE lawsuits can help families afford their child’s medical care and hold negligent providers accountable.

Reasons to file HIE lawsuits include:
  • Covering medical bills for your child’s therapy and ongoing treatments
  • Getting justice by fighting for your child’s health and future
  • Preventing other families from enduring similar pain and suffering
  • Seeking relief from the financial and emotional toll on your family

If you’re uncertain about the cause of HIE in your child, reach out to our team at the Birth Injury Justice Center.

We have experienced registered nurses on staff who can help you understand whether medical malpractice may have occurred. If our nurses feel your child’s condition could have been avoided, they can explain your options for filing an HIE lawsuit.

There is no cost to speak with us and no obligation to move forward with HIE birth injury lawsuits. If you suspect you may have a case, connect with a nurse today.

Nurse Beth Carter

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When to File an HIE Lawsuit

Consider filing your HIE lawsuit as soon as you suspect your child’s condition could have been prevented.

Acting quickly is necessary because there’s a strict deadline for filing lawsuits, called the statute of limitations. Once the timeframe in your case passes, you won’t be able to take legal action.

Each state has its own statute of limitations for filing birth injury cases, so it’s critical to consult with an attorney familiar with your state’s laws.

An experienced lawyer can explain which deadlines apply and ensure your HIE lawsuit is filed on time.

Don’t wait to find out your family’s legal options — call us right now at (800) 914-1562.

Who Can File HIE Lawsuits?

Families of children harmed by the condition may be able to file HIE lawsuits if medical negligence played a role.

Here’s who may qualify to file an HIE lawsuit:
  1. Parents: Primary caregivers who have been directly affected
  2. Legal guardians: Individuals with legal responsibility for the child

When HIE occurs, it can lead to serious complications like cerebral palsy, permanent brain damage, and seizure disorders (epilepsy).

These conditions may require ongoing therapy, surgeries, or other costly treatments.

If you think medical negligence may have caused your child’s injury, you may be able to file an HIE lawsuit.

Find out right now with a free case review.

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

Steps to Filing HIE Lawsuits

Filing an HIE lawsuit involves several key steps. Knowing what to expect can give you confidence as you navigate the challenges of your child’s birth injury.

Generally, these are the steps to filing HIE lawsuits:
  1. Free case review: Top lawyers offer free consultations to determine your eligibility to file an HIE lawsuit. Get your free case review right now.
  2. Collect evidence: Your legal team will gather key evidence to build your case. This may include medical records, witness statements, and expert opinions.
  3. File the lawsuit: Next, your lawyer will file your birth injury lawsuit in the correct court, ensuring any legal deadlines that apply to your case are met.
  4. Negotiate a settlement: Your attorney will negotiate with the other side to work toward a birth injury settlement as quickly as possible.

If a settlement isn’t reached, your HIE lawyer will continue fighting for your family in court.

However, most birth injury lawsuits settle out of court, providing families with quicker access to compensation and justice.

With an experienced birth injury attorney on your side, you can focus on caring for your child while they handle your HIE lawsuit on your behalf.

File Your HIE Lawsuit Today

If your child developed hypoxic-ischemic encephalopathy due to medical errors, you may be eligible to pursue an HIE lawsuit. This may allow you to secure funds for medical treatments, ongoing care, and other much-needed support.

An experienced HIE lawyer can help you file your claim correctly within your state’s statute of limitations. Starting now can make all the difference in the outcome of your case.

Our legal partners have secured more than $962 million for families affected by preventable birth injuries, including HIE.

Call us right now at (800) 914-1562 or fill out our case review form to see if we can help you provide a better future for your child.

HIE Lawsuit FAQs

Is HIE always malpractice?

HIE is not always caused by malpractice. It can result from natural complications during pregnancy or delivery.

However, if a doctor ignored warning signs or made mistakes that caused the injury, it may be considered medical malpractice.

Hypoxic-ischemic encephalopathy, also referred to as perinatal asphyxia, intrapartum asphyxia, or birth asphyxia, can have lifelong impacts.

If you suspect medical malpractice played a role in your child’s condition, call us right now at (800) 914-1562.

Can I sue for HIE?

Yes, you may be able to sue for HIE if medical negligence caused your child’s condition. Medical malpractice happens when health care providers fail to monitor or respond to problems during pregnancy, labor, or delivery. This can cause a lack of oxygen to your baby’s brain.

An HIE lawsuit can help you seek compensation for medical care, therapy, and your child’s long-term needs.

If you qualify, we can connect you with an experienced lawyer to help you file your HIE lawsuit.

Get a free case review right now to see if we can connect you with a top attorney near you.

How are HIE settlement amounts determined?

HIE settlement amounts are based on the severity of the child’s impairments, the cost of past and future medical care, and the long-term impact, like developmental delays or disabilities.

Settlements vary as each case is so unique, but severe cases of HIE often result in millions of dollars in payouts.

How much does it cost to file an HIE injury lawsuit?

HIE lawsuits are usually filed on a contingency fee basis. This means that there are no upfront costs or hourly fees. You only pay legal fees if your lawyer secures compensation on your behalf.

Can I file an HIE lawsuit without a lawyer?

While it’s possible to file HIE lawsuits without a lawyer, it’s not recommended. These cases are complex and require legal expertise to navigate the process, gather evidence, and negotiate with insurance companies or medical providers.

An experienced birth injury lawyer can handle the legal work for you, increasing your chances of securing the compensation your child needs.

Call us right now at (800) 914-1562 to see if we can connect you with a top HIE lawyer near you.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

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. (n.d.). Hypoxic-ischemic encephalopathy (HIE). Retrieved December 20, 2024, 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 December 20, 2024, from https://www.ninds.nih.gov/health-information/disorders/hypoxic-ischemic-encephalopathy
  3. Perlman, J. M. (2010). Neonatal hypoxic-ischemic encephalopathy: Therapeutic hypothermia. Early Human Development, 86(6), 355–361. Retrieved December 20, 2024, from https://pmc.ncbi.nlm.nih.gov/articles/PMC3171747/