Hypoxic Ischemic Encephalopathy

Hypoxic ischemic encephalopathy (HIE) occurs when an infant’s brain doesn’t get enough oxygen or blood flow during labor or delivery. Sadly, many cases of HIE are preventable and caused by medical negligence. If your child developed HIE because of a health care provider’s mistake, you may be eligible for compensation.

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Why Take Legal Action?

By filing a birth injury lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

$10.4 million for a Pennsylvania child with cerebral palsy
$5 million for a Massachusetts child with brain damage
$4.5 million for a child in Illinois with Erb’s palsy

Fact-Checked and Legally Reviewed by: Rae Theodore

Last updated: Oct 20, 2025

What Is Hypoxic Ischemic Encephalopathy?

Hypoxic ischemic encephalopathy (HIE), also called birth asphyxia or perinatal asphyxia, is a serious brain injury that occurs when a baby’s brain doesn’t get enough oxygen or blood flow before, during, or shortly after birth.

HIE often results from medical negligence when doctors, nurses, or hospitals fail to properly monitor fetal distress, delay an emergency C-section, or make other preventable mistakes during labor and delivery.

LawFirm.com works with HIE lawyers who have secured over $1 billion for families impacted by birth injuries like HIE. They never charge upfront fees and can help families in all 50 states.

Compensation from a hypoxic ischemic encephalopathy lawsuit can help cover medical expenses, long-term care costs, and more. Taking legal action is also a way to hold negligent health care providers accountable.

Get a free case review now to see if a top HIE attorney may be able to fight for the financial support your family deserves.

Compensation for Hypoxic Ischemic Encephalopathy in a Newborn

At LawFirm.com, we work with experienced birth injury lawyers who have recovered more than $1 billion for families affected by preventable conditions like hypoxic ischemic encephalopathy.

While every case is unique, the average birth injury settlement exceeds $1 million, reflecting the lifelong cost of medical care, therapy, and support that many children with HIE will need.

Examples of our legal partners’ birth injury settlements and verdicts include:

$9.67 million for a child who suffered brain damage due to a delayed C-section
$6.5 million on behalf of a Washington child with cerebral palsy who received cooling therapy
$4.75 million for a Kentucky child injured during a prolonged delivery
$3.5 million to an Ohio family whose child developed seizures and lifelong special needs
$1.5 million for a Pennsylvania child with a brachial plexus injury
$5 million to a California newborn who wasn’t breathing at birth

While every case is unique and outcomes can vary, our HIE lawyers will fight hard for everything your child deserves. Legal compensation can help you afford hypoxic ischemic encephalopathy treatment, equipment, and therapy.

Call (888) 726-9160 right now or chat with a case manager to see if you may qualify for an HIE settlement. It costs nothing to speak with our team.

What Causes Hypoxic Ischemic Encephalopathy?

Sometimes, hypoxic ischemic encephalopathy occurs even when doctors and nurses do everything right. Complications during pregnancy or delivery can develop quickly and without warning.

However, some causes of HIE are related to medical malpractice. When medical professionals don’t act quickly or correctly, the lack of oxygen or blood flow can cause severe disability.

Examples of medical malpractice in HIE birth injury cases include:

Delayed delivery: In an emergency, a C-section may need to be performed immediately to prevent oxygen deprivation. If the delivery team hesitates or fails to act fast enough, the delay can lead to severe brain injury.
Failure to recognize fetal distress: Warning signs like an abnormal heart rate or decreased fetal movement often indicate that a baby isn’t getting enough oxygen. Ignoring or misinterpreting these signs can result in lasting harm.
Faulty or misused medical equipment: If resuscitation or oxygen devices fail or aren’t used correctly, it can delay critical treatment and increase the risk of brain damage.
Improper use of cooling therapy: Cooling therapy can help limit brain injury if started quickly after birth. Delays in providing this treatment can worsen the outcome for the baby.
Mismanaging maternal health problems: Preeclampsia (high blood pressure) in the mother, or low blood pressure during delivery, can lead to HIE, as can issues with the umbilical cord or placenta.

At LawFirm.com, we have registered nurses on staff who can listen to your story and help determine whether medical malpractice may have contributed to your baby’s condition.

“HIE happens when there’s been a lack of oxygen to the baby’s brain for a significant amount of time, usually because the baby’s been in trouble during the labor and we didn’t get them delivered fast enough.”

– Andi Lowe, RN and LawFirm.com case manager

Can I File an HIE Brain Damage Lawsuit?

You may be able to file an HIE brain injury lawsuit if a doctor or nurse’s mistake during labor or delivery caused your child’s injury.

A hypoxic ischemic encephalopathy attorney can help determine whether medical negligence played a role and guide you through the legal process from start to finish.

Those who typically file hypoxic ischemic encephalopathy lawsuits are:

Parents
Legal guardians
Representatives of the child’s estate

Even if your baby hasn’t received an official HIE diagnosis yet, you may still have legal options. Signs of HIE syndrome may not appear until months or even years after birth, when a child starts missing developmental milestones.

How to File a Neonatal Hypoxic Ischemic Encephalopathy Lawsuit

Caring for a child with a birth injury like HIE can be emotionally and financially draining. The thought of pursuing a lawsuit may feel overwhelming, but you don’t have to go through it alone.

At LawFirm.com, we partner with experienced HIE lawyers who handle every part of the legal process for you, so you can focus on your child’s care and well-being.

Your legal team can:

Provide a free case review to see if you may be able to take legal action for hypoxic ischemic encephalopathy at birth
Collect evidence like medical records showing your child’s hypoxic ischemic encephalopathy diagnosis and expert opinions explaining how health care providers fell short
File your birth injury lawsuit for HIE in a newborn on time to meet all legal deadlines in your state
Negotiate an HIE settlement with the hospital, doctor, or other responsible parties, with the goal of securing compensation as quickly as possible
Go to trial if needed, fighting for compensation for your child’s HIE treatment, long-term care costs, pain and suffering, and more

Birth injury attorneys aim to make this process as simple and stress-free as possible while helping you secure the financial support needed for your child’s future.

Deadlines for Hypoxic Ischemic Encephalopathy Injury Lawsuits

Every state has laws known as statutes of limitations, which limit how long families have to file a hypoxic ischemic encephalopathy lawsuit.

These time limits can vary depending on where you live and the details of your case. In some states, you may have as little as 1 year to take legal action on behalf of your child.

Once the deadline passes, you may lose your right to pursue compensation, even if medical negligence caused your baby’s injury. That’s why it’s important to speak with an HIE attorney as soon as possible.

At LawFirm.com, our legal partners can review your case for free, explain the filing deadline in your state, and take quick action to protect your family’s rights. Get started with a free case review.

Hypoxic Ischemic Encephalopathy Symptoms

Some hypoxic ischemic encephalopathy symptoms appear immediately after birth, while others may not become noticeable until your child begins to miss developmental milestones.

Common signs of HIE in infants include:

A bluish color to the skin, lips, or nails
Breathing problems or slow heart rate
Difficulty feeding or latching
Extreme fussiness or irritability
Poor reflexes or sluggish movements
Seizures or twitching
Weak muscle tone (floppy appearance)

Because birth injury symptoms can vary based on how long the brain was deprived of oxygen and which areas were affected, some babies may appear healthy at first but show signs later in infancy or early childhood.

Early detection and treatment can improve outcomes and limit long-term complications. If you believe your child may have an HIE brain injury, get medical care right away and consider contacting a birth injury lawyer to learn about your legal options.

HIE Treatment Options

While there is no cure for hypoxic ischemic encephalopathy, early treatment can help reduce the severity of brain injury and improve long-term outcomes.

The type of care a baby receives often depends on how quickly the condition is diagnosed and how serious the oxygen loss was.

Common hypoxic ischemic encephalopathy treatments include:

Nutritional support: Some babies may need feeding tubes or special nutrition plans if they have trouble swallowing or latching.
Physical and occupational therapy: Early intervention programs can help children develop motor skills and improve muscle tone as they grow.
Respiratory support: Babies who struggle to breathe may need oxygen, ventilation, or other respiratory assistance to maintain stable oxygen levels.
Seizure management: Medications can help control or prevent seizures caused by brain cell injury.
Speech and cognitive therapy: As children get older, specialized therapy may assist with communication and learning challenges related to HIE.
Therapeutic hypothermia (cooling therapy): Lowering a baby’s body temperature within the first 6 hours after birth can help slow brain damage and improve recovery.

Even with the best medical care, children with HIE often face lifelong challenges that require ongoing treatment and support. If medical negligence caused your child’s condition, you may be able to pursue financial compensation to help cover these costs.

“After birth, our child required resuscitation and cooling therapy. They have a brain injury and Erb’s palsy, which causes muscle tightness and makes them unable to walk. We were unsure how to navigate these difficulties until we found a birth injury law firm.”

– South Carolina parent who worked with our partner law firm

Get Help With a Hypoxic Ischemic Encephalopathy Malpractice Lawsuit

No family should have to face the lifelong effects of hypoxic ischemic encephalopathy alone, especially when the injury could have been prevented.

If your child’s brain damage was caused by medical malpractice, you may be eligible for compensation to cover medical bills, therapy, assistive care, and other long-term expenses.

The trusted birth injury law firms in our network:

Can help families in all 50 states pursue justice
Have secured over $1 billion in birth injury compensation
Never charge any upfront costs or hourly fees

Call (888) 726-9160 right now or get a free case review to see if one of our HIE lawyers may be able to help your family.

HIE Lawsuit FAQs

What is the survival rate for hypoxic ischemic encephalopathy?

The survival rate for hypoxic ischemic encephalopathy (HIE) depends on how severe the oxygen loss was and how quickly treatment began after birth.

The 1-year survival rate for HIE was 84.7% and the 5-year survival rate was 62.9%, according to a 2025 study published in Brain Disorders.

Early treatment, particularly cooling therapy started within 6 hours of birth, has been shown to improve both survival and long-term developmental outcomes.

Can you recover from hypoxic ischemic encephalopathy?

Recovery from hypoxic ischemic encephalopathy depends on how long the brain was deprived of oxygen and how quickly treatment began. Some babies with mild HIE may recover fully, while those with more severe cases may face lifelong challenges.

Find out about recovery by HIE stages:

Mild HIE: Many infants recover with few or no long-term effects, especially when treated promptly.
Moderate HIE: Some children experience developmental delays, learning difficulties, or mild motor impairments, even with early therapy.
Severe HIE: Babies who survive may have lasting neurological conditions such as cerebral palsy, epilepsy, or intellectual disabilities.

Therapies such as cooling treatment, physical and occupational therapy, and ongoing early intervention services can greatly improve a child’s abilities and quality of life.

Get a free case review to see if you may be able to pursue compensation to help cover the cost of long-term treatment and care.

What is the difference between hypoxic and ischemic brain injury?

Both hypoxic and ischemic brain injuries involve a loss of oxygen to the brain, but they happen in slightly different ways.

Hypoxic brain injury occurs when the brain receives some oxygen, but not enough to function properly.
Ischemic brain injury happens when blood flow to the brain is completely or partially blocked, cutting off oxygen and essential nutrients.

When these two conditions occur together, the result is called hypoxic ischemic encephalopathy, a serious brain injury that can happen before, during, or shortly after birth.

How is HIE diagnosed?

Doctors use several tests and evaluations to diagnose HIE and determine how severe the brain injury is. Diagnosis typically begins shortly after birth and may involve both physical exams and advanced neuroimaging.

Common HIE diagnostic tools include:

Physical exam and Apgar score: Doctors assess the baby’s breathing, heart rate, and muscle tone. Low Apgar scores at 1 and 5 minutes after birth can indicate oxygen deprivation.
Cord blood and blood tests: Used to measure pH levels, oxygen, and signs of hypoxia or ischemia in the baby’s system.
EEG (electroencephalogram) or EEG monitoring: Measures electrical activity in the brain and helps detect seizures or abnormal brain function.
MRI (magnetic resonance imaging) and other neuroimaging: Provides detailed images of brain tissue to detect areas of injury or hemorrhage.
Neurologic assessment and Sarnat staging: Helps classify the severity of HIE (mild, moderate, or severe) based on symptoms like muscle tone, reflexes, and alertness.

Newborns with suspected HIE are often admitted to a neonatal intensive care unit (NICU) or children’s hospital, where a pediatric neurology or neonatology team can monitor and treat them.

Is HIE the same as a stroke?

No, HIE and a stroke are not the same, though both involve a lack of oxygen and blood flow to the brain.

HIE occurs when the brain as a whole doesn’t receive enough oxygen and blood, often due to medical malpractice during pregnancy, labor, or delivery. This oxygen loss can cause widespread brain injury.

A stroke, on the other hand, happens when a specific blood vessel in the brain is blocked (ischemic stroke) or bursts (hemorrhagic stroke), causing damage in one localized area.

How can I get help with an HIE lawsuit case?

If you suspect your child’s HIE was caused by medical negligence, an experienced birth injury lawyer can help. They can review medical records, consult experts, and file your claim before any deadlines, allowing you to focus on your child’s care.

At LawFirm.com, our partner HIE attorneys have recovered over $1 billion for children with preventable birth injuries like HIE. There are no upfront costs, and you only pay if your case succeeds.

Call (888) 726-9160 right now or chat with a case manager to learn about your legal options.