HOME ABOUT MEET OUR TEAM PRACTICE AREAS LOCATIONS OUR RESULTS BLOG CONTACT 855-551-1019 Brain Cooling Hypothermic Therapy FREE CASE EVALUATION Hypoxic-Ischemic Encephalopathy Lawyer When a newborn baby is deprived of full oxygen levels for even a few minutes, the consequences can be severe. Treatment options for infants with a shortage of oxygen during the birthing process have often been limited or nonexistent. However, a relatively new treatment option known as brain cooling or neonatal therapeutic hypothermia shows promising signs that it could prevent countless future children from dying or developing brain damage. Learn more about the revolutionary treatment option and how it works. What is Hypoxic-Ischemic Encephalopathy? Before getting into the details of brain cooling, it’s essential to understand the condition the treatment is trying to prevent. When the brain receives inadequate oxygen levels, the brain is incapable of functioning correctly, and brain cells begin to die. When this happens during birth, it is known as hypoxic-ischemic encephalopathy (HIE). Not only can a reduction in oxygen to the infant cause brain damage, but it can also result in death. In fact, up to 20 percent of infants who suffer brain injury from a shortage of oxygen die within the first month of their life. Another 30 percent of those who survive will suffer from a severe neurodevelopmental disorder. Most estimates put the incidence rate somewhere between 2 to 9 per 1000 births. HIE’s most common signs are reduced consciousness, seizures, difficulty breathing, low Apgar scores, abnormal heart rate, and depression of reflexes. Causes of Hypoxic-Ischemic Encephalopathy The underlying condition that causes HIE is something called perinatal asphyxia or birth asphyxia. This is a medical condition in which a newborn is deprived of oxygen. Physical harm can be caused to other parts of the body like the heart and lungs. However, it is more common and notable for the brain to suffer damage, which is HIE. Asphyxiation can occur before, during, and after birth. As a result of the fairly broad timespan in which damage to the brain can occur, the causes are varied. The most common causes of HIE include: Uterine rupture Breech Umbilical cord prolapse Placental separation Very low maternal blood pressure Placenta covering the cervix Should dystocia Effects of Hypoxic-Ischemic Encephalopathy The consequences of HIE depend on the severity of damage done to the brain. Roughly half of the babies suffering from HIE at the time of birth will only experience minor symptoms and usually grow up without complications. The other half of infants with HIE will die by two years of age or have severe disabilities. The milder consequences of HIE in children who show normal development have yet to be fully explored. Children with severe HIE who do not die at an early age will often develop severe impairments. These include: Cerebral palsy Mental retardation Epilepsy Visual Impairment Developmental delays Paralysis In cases of cerebral palsy, signs and symptoms sometimes don’t manifest themselves until children get older. Because cerebral palsy is a name for a group of disorders, the symptoms and severity vary from person to person, according to the Centers for Disease Control and Prevention. However, cerebral palsy often becomes evident as children fail to reach motor or movement milestones — like sitting, rolling over, standing, and crawling — at the typical ages. The Concept of Brain Cooling For the longest time, there have been few ways to prevent HIE from damaging and taking lives. Doctors often had to resort to treating the effects of HIE after the damage had been done. More recently, a treatment option called brain cooling has proven itself effective. Brain cooling goes by several names: hypothermia therapy, therapeutic hypothermia, advanced cooling therapy, newborn cooling treatment, whole-body cooling, and more. The idea behind it is simple. When a newborn is suffering from birth asphyxia, medical professionals will lower the baby’s temperature from the normal 98.6 degrees Fahrenheit to around 92 degrees Fahrenheit. According to the University of Oxford, the temperature is lowered within six hours of delivery for maximum results and kept there for around 72 hours. Specialized devices are used to lower a baby’s body temperature. Examples of the devices are cold blankets that circulate cool water around the baby’s body or caps that focus solely on the head. After 72 hours, the baby is slowly warmed up to normal temperatures. How Advanced Cooling Therapy Can Help Prevent HIE In the simplest terms, cooling the brain slows down the processes that cause brain damage. It is believed that lowering the body’s temperature can reduce the metabolic rate and energy depletion in the brain, decrease functions that cause excitability in the brain, and reduce the death of brain cells caused by low oxygen. Some or all of these mechanisms work in concert to prevent brain injury and increase healing before any damage can become permanent. Efficacy of Newborn Cooling Treatment Several studies have already confirmed positive outcomes for those treated with hypothermia therapy. In one example from the UK’s National Institute for Health and Clinical Excellence, ten studies showed the risk of death was lower in babies who had cooling treatment than those who didn’t. Another study from Oxford University and Imperial College London found that more than 50 percent of babies suffering from HIE and treated with brain cooling survived until they were 6 to 7 years old with a normal IQ. This was compared to 39.4 percent of those who weren’t treated with brain cooling. So far, there have been no examples of severe side effects associated with cooling treatment. Only a few cases of skin reactions and slowed heartbeats have been reported. Brain cooling has become standard care in hospitals around the country. Countless newborns who experience complications during birth could potentially grow up without any brain damage thanks to this treatment option. Getting Support After HIE Birth Injury Parents need support during a difficult time if their child becomes injured due to a birth injury. Support from Friends and Loved Ones: You will need to rely on your friends and family during this difficult time. They can help you out in many ways, including cooking a meal for you. Your family needs to be there for you, as this is a traumatic situation for any parent. Mental Health: The resulting trauma you have endured with your child during birth is an emotional experience for anyone, which is why you need to speak with a counselor regarding your feelings and thoughts about what your family has gone through. Legal Support: You may be contemplating whether you should pursue a hypoxic-ischemic encephalopathy lawsuit. Most injury attorneys offer free consultations, so it is recommended that you seek some legal advice. Injury attorneys also require an experienced team of legal representatives to hold hospitals and doctors accountable, as birth injury cases can be extremely daunting. Medical errors result in injuries to thousands of children every year. They, along with their parents and other family members, suffer as a result. The legal team at The Eichholz Law Firm believes no child should suffer at the hands of a medical professional. We passionately advocate for child victims and their families, ensuring the doctor is held liable for his or her actions. When you need a hypoxic-ischemic encephalopathy lawyer with empathy and compassion, we are here to help. How Hypoxic-Ischemic Encephalopathy Lawsuits Help Victims Some parents may be hesitant to file a lawsuit. Parents often think that a lawsuit would be too stressful as they are already spending so much of their time trying to care for their child. Parents have to juggle many responsibilities, including daily care, medical appointments, and therapy for their child. Our knowledgeable hypoxic-ischemic encephalopathy lawyers strive to take care of all legal matters so that you can focus on more important things. The Eichholz Law Firm accepts payment out of the settlement you expect to receive. This is known as working on a contingency fee basis. What this means is that your attorney only gets paid only when you do. Many families are entitled to significant compensation for the injuries a child sustained during birth – money that can help make their family whole again. You can recover damages for your family in a hypoxic-ischemic encephalopathy lawsuit for the following: Lost companionship and enjoyment Lost wages due to caring for a disabled child Emotional distress, pain, and suffering Healthcare costs associated with specialized medical equipment, counseling, therapy, and rehabilitation Future, current, and past medical expenses The evidence surrounding your situation, including the severity of the injuries and a host of other factors, will determine the type of damages you will receive. Our legal team will discuss all of your recoverable damages in your case. Proving Hypoxic-Ischemic Encephalopathy Medical Malpractice For a plaintiff to prove that their child was a victim of medical malpractice, the following case elements will need to be established by their attorney: Duty of Care – The plaintiff must show that the healthcare provider who was responsible for their child’s injuries was also responsible for the care of their infant when the birth injury occurred. In obstetrics, the doctor-patient relationship extends to the mother and her unborn child. In these circumstances, the physician has a duty of care for the child and the mother in accordance with medical standards. Duty of Care Breach – Next, the plaintiff must be able to show that the defendant breached their duty of care. There must be evidence showing that the healthcare provider did not adhere to proper medical protocol. Duty of Care Breach Caused Injuries – In birth injury cases, merely showing that the defendant breached their duty of care isn’t enough. The plaintiff must also prove that their child’s injuries were a result of the breach. Filing a Hypoxic-Ischemic Encephalopathy Lawsuit Depending on the case, the amount of time it can take to resolve a lawsuit may vary. In some instances, it could take months or even years to resolve the case. The plaintiff and their attorney will gather the necessary evidence they need to bring the case to court. These types of cases require dedication and time, which is why they are so complex. Your hypoxic-ischemic encephalopathy lawyer will handle most of these complicated issues so you can devote more of your time to caring for your child. You can expect the following to happen after you file a lawsuit: Your attorney will try to resolve the case without going to court by negotiating a settlement with the defendant. Your attorney, along with the defendant’s attorneys, will exchange information about the case and your child’s injuries. You and other witnesses may be asked to provide testimony or offer statements regarding the infant’s injuries. If the negotiations are not successful, your case will go to trial. The jury will then decide if your child’s injuries directly resulted from the defendant’s negligence. Statute of Limitations for Hypoxic-Ischemic Encephalopathy Lawsuit The statute of limitations applies to all medical malpractice lawsuits filed by plaintiffs. The statute of limitations refers to a specific deadline plaintiffs have to file a malpractice case. Victims of an injury or accident will no longer be allowed to file a lawsuit to receive compensation for their damages once this timeframe expires. The statute of limitations for birth injury lawsuits can vary a great deal from state to state. In some states, parents have one year after their child’s injury to file a lawsuit, while in other states, parents have five years after their child’s injury to file a lawsuit. In the state of Georgia, the statute of limitations for medical malpractice cases is two years, but some exceptions may shorten or extend the time limit to file a case. Contact Our HIE Lawyers The birth injury attorneys at The Eichholz Law Firm have years of experience helping parents receive compensation and justice for their children. To set up a free consultation, contact us at (855)-551-1019 or fill out an online contact form. References Fatemeh Eghbalian, MD. “Frequency of Hypoxic-Ischemic Encephalopathy among Hospitalized Neonates in West Iran”, US National Library of Medicine National Institutes of Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3446029/. Accessed May 21st, 2018. Kimberly A. Allen, MSN, RN, Debra H. Brandon, PhD, RN, CCNS, FAAN. “Hypoxic Ischemic Encephalopathy: Pathophysiology and Experimental Treatments”, US National Library of Medicine National Institutes of Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3171747/. Accessed May 21st, 2018. CDC. “Basics About Cerebral Palsy”, Centers for Disease Control and Prevention, https://www.cdc.gov/ncbddd/cp/facts.html. Accessed May 21st, 2018. MRC. “Cooling oxygen-deprived newborns reduces chances of brain damage”, University of Oxford, http://www.ox.ac.uk/news/2014-07-10-cooling-oxygen-deprived-newborns-reduces-chances-brain-damage. Accessed May 21st, 2018. Santina A Zanelli, MD. “Hypoxic-Ischemic Encephalopathy Treatment & Management”, MedScape, https://emedicine.medscape.com/article/973501-treatment#d7. Accessed May 21st, 2018. NICE. “Controlled cooling to treat newborn babies with brain injury caused by oxygen shortage during birth”, National Institute for Health and Clinical Excellence, https://www.nice.org.uk/guidance/ipg347/resources/controlled-cooling-to-treat-newborn-babies-with-brain-injury-caused-by-oxygen-shortage-during-birth-pdf-314509357. Accessed May 21st, 2018. Please seek the advice of a medical professional before making health care decisions. 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