On this page, we will look at birth injury malpractice lawsuits involving HIE (hypoxic-ischemic encephalopathy). We will look at the negligence theories in these cases and the average settlement value in HIE birth injury claims.

About HIE

Hypoxic-ischemic encephalopathy (HIE) (also known as perinatal asphyxia) is a type of brain injury that results when the supply of blood and oxygen to a baby’s brain is temporarily cut off during childbirth.

• D.R. v. RODRIGUEZ (2024 – New York) – $4.7 million verdict: The lawsuit alleged that the defendants failed to properly and timely assess mother and fetus and delayed the performance of an emergent c-section, departing from the standard of care and causing significant and permanent brain damage to the infant. The infant a birth-related neurological injury, hypoxic–ischemic encephalopathy, resulting in permanent impairment. The mother presented to the defendant hospital two days past her due date, was in a non-progressing labor for three hours with fetal heart monitoring displaying non-reassuring vitals until a c-section was performed and she was born limp with poor respiratory effort and was dusky and pale in color.
• T.L. v. CHESNUT HILL HOSP. (2024 – Pennsylvania) $2.5 million settlement: The mother went to the hospital 2 weeks past her due date and the baby allegedly began to show signs of fetal distress during the delivery, was delivered via spontaneous vaginal delivery, and soon after began exhibiting seizure activity. The baby suffered hypoxic ischemic encephalopathy, resulting in global development delays, neurologic injuries, cognitive injuries and disabilities, and respiratory distress. The plaintiff contended that the defendants failed to meet the standard of care, resulting in a delay in delivery and oxygen deprivation with serious complications.
• L.S. v. RAVASIO (2023 – Pennsylvania) $1 million verdict: L.S. was born with a permanent hypoxic brain injury (hypoxic ischemic encephalopathy). According to the plaintiff, the defendants failed to properly monitor the mother’s labor, failed to provide qualified physicians and medical staff to properly examine and monitor the mother during her labor progression, failed to confirm whether the mother’s amniotic sac was intact upon admission, failed to timely and properly read the findings of the fetal heart monitor tracings, failed to discontinue the administration of Pitocin with non-reassuring fetal heart monitor readings and delayed in performing a necessary cesarean section.
• A.G. v. UNITED STATES (2022 – Illinois) $7 million settlement: Male infant A.G. suffered permanent and disabling injuries, including hypoxic ischemic encephalopathy, during his birth data federal hospital, where his mother presented for labor and delivery at 36.5 weeks gestational age with a diagnosis of spontaneous rupture of membranes. The infant plaintiff’s mother alleged that the defendant’s agents/employees were negligent in failing to properly monitor A.G. in utero, failing to attend to her in a timely fashion, and failing to determine that A.G. had been expelled spontaneously without a healthcare professional in the room and became trapped under her right thigh.
• MINOR PLAINTIFF v. DEFENDANT (2020 – Virginia) – $2 million settlement: A baby suffered hypoxic-ischemic encephalopathy after he was born via a vacuum-assisted delivery. When labor was inducted, the first fetal heart rate strips were reassuring. However, it failed to progress and fetal heart strips were abnormal. The staff administered Cytotec and Pitocin.  The mother’s uterine contraction patterns indicated persistent tachysystole. Near the end of labor, fetal heart rate showed a hypoxic risk. The obstetrician attempted a manual rotation. They then used a vacuum extractor and discovered shoulder dystocia. At birth, the baby was not breathing, lacked muscle tone, and experienced cyanosis. He experienced seizures after staff resuscitated him. The baby was then diagnosed with hypoxic-ischemic encephalopathy. This case settled for $2,000,000.
• PLAINTIFF V. DEFENDANT (2019 – Michigan) – $2.5 million settlement: A baby developed hypoxic-ischemic encephalopathy because of delays in the delivery. The hospital staff prolonged the second stage of labor. They attempted to resuscitate him a minute after his birth. His Apgar score was 3 at one minute and 9 at five minutes. Eighteen months later, he was diagnosed with a seizure disorder, developmental delays, and autism spectrum disorder. The expert neuroradiologist testified that the boy sustained hypoxic-ischemic encephalopathy hours before being born. He further testified that HIE caused his deficits. This case settled for $2,500,000.

 

• ZIOLKOWSKI v. ESCOBAR (2018 – Pennsylvania) – $7.2 million settlement: When a baby was born he needed emergency respiratory assistance but none of the doctors present in the delivery room were qualified in neonatal intubation techniques. The result was an 8-min delay before intubation, which interrupted blood and oxygen to the baby’s brain. The baby was diagnosed with HIE causing severe cerebral palsy. Just prior to trial parties agreed to settle for $7.2 million.
• DOE v. DEFENDANT HOSPITAL (2017 – Massachusetts) – $2.1 million settlement: Plaintiff alleged that doctors and hospital staff failed to properly monitor during the administration of Pitocin and did not realize that drug caused placental abruption. As a result, the baby suffered brain damage from hypoxic-ischemic encephalopathy. The case was settled for $2.1 million prior to trial.
• DOE v. AAA Corp. (2017 – Michigan) – $8 million settlement: Another case alleging negligent use of Pitocin to induce labor resulting in HIE. Plaintiff also alleged that doctors were negligent in their initial response to HIE after birth. HIE resulting in permanent disabilities to the entire left side of the child’s body.

These are just a few cases. But the settlement value of HIE case can be in the tens of millions of dollars. The calculus for determining the settlement value focuses on how severe the negligence was and how much future care the child will need.

Contact HIE Malpractice Lawyers at Miller & Zois

If you have a child born with HIE that may have resulted from medical negligence, contact the birth injury lawyers at Miller & Zois. We can investigate your case and determine whether you have a valid malpractice claim. Call us at 1.800.553.8082 or submit a request for a free consultation.