When a baby is deprived of oxygen during labor or delivery, the consequences can be devastating. Hypoxic-ischemic encephalopathy (HIE) is a serious birth injury that often results from medical negligence, such as failing to monitor fetal distress or delaying a necessary C-section. For families, a diagnosis of HIE can be life-changing.
Children with HIE may face life-term complications, including cerebral palsy, developmental delays, epilepsy, and cognitive impairments. These conditions often impact a child’s ability to move, communicate, and learn or live independently.
These life-long disabilities require ongoing medical care, therapy, and support services. The financial burden can be overwhelming, but if a healthcare provider’s negligence caused your child’s injury, your family may be entitled to compensation.
As experienced Chicago HIE lawyers, Beam Legal Team is committed to helping families recover the compensation they need to provide their children with the best possible future.
Understanding HIE and Medical Negligence
HIE occurs when an infant’s brain doesn’t receive enough oxygen (hypoxia) and blood flow (ischemia), typically during labor or delivery. While some cases are unpreventable, others result from avoidable mistakes, like misreading fetal monitoring strips, failing to respond to signs of fetal distress, or waiting too long to perform a C-section.
When medical professionals fail to meet the standard of care before, during or after childbirth, they can and should be held legally accountable. A successful HIE claim can help ease the immense physical, emotional, and financial toll on families.
Types of Compensation Available in HIE Cases
Families impacted by HIE often face decades of care and expenses. Below are some of the types of compensation that may be available in an HIE-related birth injury claim:
1. Medical Expenses
From the moment of diagnosis, your child may require specialized treatment, including:
- Neonatal intensive care unit (NICU) stays
- Neurological assessments
- Surgeries
- Hospitalizations
- Medication
Compensation can cover past and future medical costs, including any expected life-term treatment.
2. Rehabilitation and Ongoing Therapy
Children with HIE may benefit from:
- Physical therapy
- Occupational therapy
- Speech-language therapy
- Behavioral therapy
These services are critical for helping your child reach their full potential. An HIE lawsuit can include the cost of life-long rehabilitation.
3. Assistive Devices and Home Modifications
Depending on the severity of the brain injury, your child may need:
- Wheelchairs or mobility aids
- Feeding tubes
- Communication devices
- In-home care support
- Ramps or bathroom modifications
A legal settlement or award can help cover these accessibility needs.
4. Special Education and Academic Support
Children with HIE often require:
- Individualized Education Plans (IEPs)
- Specialized tutors or classroom aides
- Private schooling or therapies not covered by public education
These costs are frequently overlooked but can add up quickly over the years. Compensation helps ensure your child receives the educational support they need.
5. Pain and Suffering
Families may also be entitled to compensation for:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Daily challenges your child faces due to their condition
While these damages are harder to quantify, they’re essential to any birth injury claim.
6. Loss of Future Earning Capacity
If your child’s condition prevents them from living independently or pursuing a career, you may recover compensation for:
- Future lost wages and benefits
- Loss of financial independence
- Life-long support and supervision needs
This helps secure financial stability for your child into adulthood.
Real-Life Case Examples
$21 Million Settlement in Illinois
In this notable settlement, Beam Legal Team was able to secure $21 million for a little girl, Alayna, who suffered severe brain damage during her mother’s high risk, yet unmonitored, labor and delivery at a suburban Chicago hospital. By the time the emergency C-section was finally completed, it was too late and Alayna had suffered catastrophic brain injury due a lack of oxygen from her mother’s placental abruption, which went undetected by the negligent doctors and nurses due to the failure to monitor.
Today, 9-year-old Alayna is wheelchair-bound and requires 24-hour care for her injuries, including cerebral palsy, spastic quadriplegia and seizures. She will continue to need such care for the remainder of her life. This settlement has helped, and will continue to help, cover her medical and support needs.
$11 Million Settlement in West Virginia
In a noteworthy birth injury case handled by Beam Legal Team, attorneys Jack Beam and Matt Patterson represented a family whose daughter suffered severe brain damage due to medical negligence during labor when the doctors and nurses confused the mother’s heartrate for the baby’s for a significant period of time, therefore failing to recognize severe fetal distress.
This negligence resulted in the child developing cerebral palsy and requiring life-long attendant care. The case concluded with a confidential $11 million settlement. The child passed away after the conclusion of the case and the family has used a portion of the settlement money to create a foundation for children victimized by HIE and cerebral palsy.
The Lifetime Cost of Caring for a Child With HIE
Caring for a child with HIE often leads to significant life-long expenses for: (1) medical expenses, (2) rehabilitation and ongoing therapy, (3) assistive devices and home modifications, (4) special education and academic support, (5) pain and suffering, and (6) loss of future earning capacity, all of which are examples of economic and non-economic damages .
These substantial costs highlight the importance of securing adequate compensation to ensure that affected children receive the necessary care and support throughout their lifetime.
Why Holding Negligent Providers Accountable Matters
When doctors, nurses, or hospitals fail to act appropriately during childbirth, the result can be tragic. Pursuing legal action helps your family secure critical resources and helps prevent similar harm from happening to others.
At Beam Legal Team, we’ve seen the life-altering impact of birth injury-related HIE, and we believe families deserve justice. Our Chicago HIE lawyers have more than 40 years of experience handling complex birth injury cases, and we fight tirelessly to hold healthcare providers accountable when their mistakes result in preventable brain damage.
Accountability helps families recover financially and sends a message that preventable mistakes in labor and delivery will not be ignored.
Talk to a Trusted Chicago HIE Lawyer Today
If your child was diagnosed with HIE and you suspect medical negligence played a role, Beam Legal Team is here to support your family in any state in the nation. We offer compassionate guidance, aggressive legal advocacy, and a commitment to helping you recover the full compensation your family deserves.
Contact us today for a free consultation; your child’s future may depend on it.