Florida HIE Lawyers
Vero Beach, FL
Delivering a new baby should be an incredibly joyful time. Unfortunately, there are tragic situations where this happiness is tempered with sadness. Preventable birth injuries can often turn this beautiful moment into an incredibly scary and difficult one.
One example of a birth injury that is often avoidable is Hypoxic-Ischemic Encephalopathy (HIE). It is a form of brain damage that is caused by oxygen deprivation, which often occurs during labor and delivery. If your child has suffered HIE as a result of medical malpractice, you may be able to file a lawsuit against the at-fault doctor and other medical providers.
Based in Vero Beach, Gould Cooksey Fennell represents individuals and families dealing with the aftereffects of birth injuries and other types of medical negligence. We have decades of combined experience advocating for clients who have suffered all types of injuries related to medical malpractice, including birth injuries and misdiagnosis. Contact our law offices today to talk to a Florida birth injury attorney about your case.
Effects of HIE
Hypoxic-Ischemic Encephalopathy, or HIE, is a condition that occurs when a baby’s brain is deprived of oxygen during labor and delivery. When a woman is pregnant, the fetus receives oxygen and nutrients through the umbilical cord. If the blood flow between mother and fetus is cut off during the birthing process, the baby may suffer this neurological injury.
During labor and delivery, contractions result in reduced blood flow through the umbilical cord, which reduces the oxygen and nutrients delivered to the fetus. When a contraction ends, the blood supply typically returns to normal. In some cases, the reduction of oxygen and nutrients will harm the fetus, particularly for infants who have lower reserves and cannot tolerate these reductions. This is particularly true for preterm infants and growth-restricted babies.
There are a number of potential causes of HIE. This includes:
- Umbilical cord injuries, including nuchal cord (the umbilical cord wrapping around the baby’s neck), cord prolapse (where the umbilical cord is compressed from preceding the baby’s exit from the uterus, and umbilical cord compression due to excessive uterine activity (often caused by hyperstimulation when labor is induced;
- Problems with the placenta or uterus, including a ruptured uterus, placental insufficiency, or placenta previa (where the placenta is attached to the uterine wall close to or covering the cervix);
- Tachysystole, or excessively frequent uterine contractions;
- Elevated fetal heart resting tone between contractions;
- Trauma to the baby’s brain during delivery; and/or
- Delayed delivery of the baby
HIE can also occur during fetal development. This may occur due to an infection (such as toxoplasmosis), abnormal development of the heart and/or lungs, maternal hypertension or hypotension, or low maternal oxygen levels. It may also happen in older children and adults due to any issue that may interrupt blood flow to the brain, such as asphyxiation, overdose, or poisoning.
Hypoxic-ischemic encephalopathy is considered a medical emergency. Immediately after birth, medical professionals will perform tests, such as an Apgar assessment. The Apgar score checks for:
- Appearance – skin tone and color
- Pulse – heart rate
- Grimace – reaction to stimulation
- Activity – a measure of muscle tone or movement
- Respiration – breathing effort, or how much and how loudly a baby cries
A baby receives between 0 and 2 points for each category, with 10 possible points. A higher score is an indication that a baby is doing well after birth. A score of 7 or higher is considered a good Apgar score. Any lower score might indicate the need for immediate medical attention. This test is performed 1 minute after a baby’s birth and again at 5 minutes.
The treatment for HIE is therapeutic hypothermia or cooling therapy. This involves reducing the infant’s body temperature to 89 to 96 degrees through a cooling cap or blanket. This temperature is maintained for 72 hours before bringing the baby’s body temperature back up slowly over a period of 6 to 8 hours. This treatment must be administered within 6 hours of birth.
The goal of cooling therapy after a hypoxic-ischemic event is to slow the metabolic rate, which gives cells time to recover. This can prevent the spread and severity of brain damage. It can also reduce the risk of a reperfusion injury, which happens when blood flow is restored to the brain too quickly.
Therapeutic hypothermia is the only current treatment for neonatal hypoxic-ischemic encephalopathy. It has a high rate of success in limiting the damage caused by HIE. However, it is important to understand that it cannot reverse brain damage that has already occurred.
HIE causes brain damage due to oxygen deprivation (also referred to as anoxia or hypoxia). When the brain is deprived of oxygen, the brain cells may die – which can result in physical and/or mental disabilities. HIE can cause a number of long-term consequences, including conditions like cerebral palsy, epilepsy, and intellectual disability. HIE is also linked to developmental issues, behavioral challenges, blindness, hearing loss, and sensory issues.
In some cases, children with milder cases of HIE who receive immediate treatment may have few long-term effects. In other situations, a child with more significant brain damage may be disabled and require lifelong treatment and therapies. In the most severe cases of HIE, the condition can be fatal.
Is HIE Caused By Medical Malpractice?
HIE is not always preventable. For example, in situations where a fetus has abnormal heart or lung development, it may not be possible to prevent brain damage that occurs from lack of oxygen. In other cases, however, HIE could be prevented with proper medical care and treatment.
During pregnancy, the expectant mother should be closely monitored for potential health issues that could cause HIE. This includes infections, preeclampsia (maternal high blood pressure), gestational diabetes, and problems with blood flow to the placenta. Any of these issues – and other problems, such as substance use disorder – could cause fetal distress that leads to oxygen deprivation if not appropriately treated.
During labor and delivery, medical negligence could result in a hypoxic-ischemic event. This includes:
- Failure to intervene promptly during extended labor and delivery, which can increase the risk of HIE;
- Failure to monitor for signs of fetal distress or intervene quickly when a baby shows signs of fetal distress;
- Failure to perform a cesarean section (c-section) promptly when necessary;
- Failure to promptly diagnose and address a placental abruption, placental insufficiency, or placenta previa;
- Failure to deliver the baby safely in cases of an abnormal fetal position, such as where the shoulders are stuck behind the mother’s pelvis (shoulder dystocia) or a breech birth;
- Failure to detect and manage umbilical cord complications; and/or
- Failure to appropriately use a vacuum or forceps during an assisted birth.
A doctor or other medical professional may also commit medical malpractice if they do not diagnose and treat an infant who shows signs of neonatal hypoxic-ischemic encephalopathy. This includes administering cooling therapy to reduce the spread of brain damage, providing support for the baby’s heart and lungs, and administering other treatments, such as medication for seizures.
While not every case of HIE is caused by medical negligence, it is often a preventable birth injury. If your baby suffered a hypoxic-ischemic event at birth, our Florida medical malpractice lawyers can help. During a free initial consultation, we will listen to your concerns and help you determine if you might be able to pursue a legal claim against the at-fault medical providers.
Filing a Birth Injury Lawsuit for HIE
When your baby suffers a birth injury like HIE, you will likely be emotionally devastated and overwhelmed. Your first concern will likely be how you can help your child recover and live their best possible life. After that, you may start to wonder if you can file a legal claim against the doctor or other medical professional responsible for the injury.
A lawsuit won’t make your child – or your family – whole again. However, it can be an important way to get the financial compensation that you need to provide support to your child throughout their life. Depending on the severity of the brain damage, your child may need lifelong treatments and therapies.
A malpractice claim can provide your family with the financial stability necessary to help your child. You may recover money for past and future medical bills, your own lost wages, your child’s reduced earning capacity, and losses such as pain and suffering and loss of enjoyment of life.
To prove a medical malpractice claim, you must introduce evidence of the following:
- The medical professional owed you a duty of care. This element is satisfied by showing the existence of a doctor-patient relationship.
- The medical provider breached the standard of care for the profession. This requires evidence in the form of testimony or a sworn statement from a medical expert in the same field stating that the injury was caused by a failure to meet the standard of care. For birth injury cases, this typically means retaining an obstetrician-gynecologist who can testify that a doctor failed to meet the standard of care for the profession.
- The medical negligence was the direct (proximate) cause of the birth injury.
- The patient(s) suffered losses (damages) as a result.
For example, consider a situation where a doctor delayed an emergency C-section when the baby showed signs of fetal distress during prolonged labor. An ob-gyn may provide a statement that the standard of care is that when these symptoms are present, an emergency C-section is performed immediately, so the failure to do so is medical negligence. If that baby suffered brain damage from HIE because of the delay, the family could pursue a medical malpractice lawsuit.
HIE lawsuits can be complicated because they involve medical records and require (under Florida law) testimony from a medical expert. There are also different rules in place for medical malpractice lawsuits in Florida. Our team of seasoned Florida HIE lawyers will work with you to help you get maximum compensation for your losses.
Am I Required to File a NICA Claim for HIE?
The Florida Birth-Related Neurological Injury Compensation Association (NICA) provides money for children who have suffered certain types of injuries. It is a no-fault system where families can get $250,000 in compensation for children who suffered a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor and delivery or immediately after birth. This may include HIE if a child is “permanently and substantially mentally and physically impaired.” The responsible medical professional must participate in the NICA program to be eligible.
If your child meets the eligibility criteria for NICA, then you must file a claim through the program. Otherwise, you can pursue a birth injury lawsuit with the help of a skilled Florida HIE lawyer. Reach out to Gould Cooksey Fennell today to schedule a free appointment with a member of our legal team.
How Long Do I Have to File a Birth Injury Lawsuit?
In Florida, the statute of limitations for medical malpractice claims is 2 years from the date that you either knew or should have known about the injury. This means that you have 2 years to file a lawsuit against the at-fault medical provider. For children, this time limit is paused (tolled) until their 8th birthday.
There is a special process for filing a medical malpractice lawsuit in Florida that is different from other types of personal injury lawsuits. If you have questions about filing a claim, contact Gould Cooksey Fennell today to talk to a Florida HIE attorney about your case.
Help for Families After a HIE Diagnosis
Learning that your child suffered brain damage during birth can be incredibly difficult. Our law firm will work with you to help you get justice – along with the financial compensation that you deserve. We can help you hold the doctor, nurse, hospital, and/or other medical professionals responsible for your child’s birth injury.
Gould Cooksey Fennell advocates for families and children who were injured as a result of medical negligence. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Florida HIE attorney, call our law offices at 772-758-8756 or fill out our online contact form.
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Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.
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Plaintiff sustained numerous orthopedic injuries as a result of the negligence of a driver working for the State of Florida Department of Agriculture. At trial, the case resulted in a verdict of $5,582,776.82. Because the government’s damages are statutorily limited to $100,000 under Sovereign Immunity laws, Gould Cooksey Fennell’s Personal Injury Group was forced to fight in the Legislature for several years to pursue the passage of a Claims Bill. Ultimately a Bill was passed for 40 times the statutory limitations.
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While stopped at the intersection of US Hwy 1 and Vista Royale Boulevard, the Plaintiff’s vehicle was struck from behind with such force that the rear of his SUV was lifted off the ground and his vehicle slammed into the rear of the vehicle in front of him. As a result of the violent impact, Plaintiff sustained permanent injuries to his cervical and lumbar spine. An Indian River County jury awarded the Plaintiff $1,487,412.99.
While stopped at the intersection of 43rd Ave and 8th Street, Plaintiff was rear-ended by the Defendant, launching her vehicle into another vehicle in front of her. Plaintiff sustained permanent injuries to her right knee and cervical spine, both requiring surgical intervention in the years following the collision. After a nine day trial, an Indian River County jury returned an award of $1,259,090.73.
Indian River County jury awarded verdict against Defendant State Farm following an automobile accident where the defendant Driver was underinsured.
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