What Is Hypoxic Ischemic Encephalopathy?

 Posted on December 09, 2025 in Medical Malpractice

Hypoxic ischemic encephalopathy is a type of birth injury caused by oxygen deprivation and reduced blood flow to an infant's brain during pregnancy, labor, or delivery. This lack of oxygen damages brain cells and can result in permanent disabilities, including cerebral palsy, developmental delays, seizures, and cognitive impairments. When medical negligence causes HIE, families can pursue compensation to cover the lifetime costs of caring for an injured child.

If your baby is diagnosed with HIE in 2026, you owe it to yourself and your family to meet with a Rockford personal injury attorney. You may be able to get significant help from the doctor or hospital responsible. 

What Causes Hypoxic Ischemic Encephalopathy?

According to the Cleveland Clinic, HIE occurs when a baby's brain does not receive adequate oxygen and blood flow. This deprivation kills brain cells and causes injury. The longer the oxygen deprivation lasts, the more severe the brain damage becomes. Even brief periods of complete oxygen loss can cause catastrophic injury.

Several complications during pregnancy and delivery can lead to HIE, including:

• Placental abruption, where the placenta separates from the uterus prematurely

• Umbilical cord problems, including prolapse, compression, or true knots

• Uterine rupture causing massive bleeding and oxygen loss

• Prolonged or difficult labor preventing adequate oxygen delivery

• Severe maternal blood pressure problems reducing placental blood flow

• Infection in the mother or baby affecting oxygen exchange

How Common Is Hypoxic Ischemic Encephalopathy?

HIE affects approximately two to three per 1,000 live births in developed countries. This translates to roughly 10,000 to 15,000 cases annually in the United States. The incidence is higher in preterm infants and in deliveries with complications.

Not all cases of HIE result from medical negligence. Some oxygen deprivation events occur suddenly and unpredictably despite appropriate medical care. However, studies suggest that between 15 and 30 percent of HIE cases involve substandard care that contributed to the injury.

What Are the Signs of Hypoxic Ischemic Encephalopathy in Newborns?

Recognizing HIE symptoms immediately after birth is crucial for treatment. Infants with HIE often have low Apgar scores at one and five minutes after birth. Apgar scores measure heart rate, breathing, muscle tone, reflexes, and skin color.

Seizures within the first 24 to 48 hours after birth are a common sign of HIE. These seizures might be obvious with jerking movements or subtle with only eye movements or changes in breathing patterns. Any seizure activity in a newborn requires immediate evaluation.

Difficulty breathing or needing resuscitation at birth indicates possible oxygen deprivation. Babies who do not cry immediately, appear limp, or have poor muscle tone might have experienced HIE. 

Feeding difficulties often appear in infants with HIE. Weak sucking reflexes, inability to coordinate sucking and swallowing, or complete inability to feed orally can indicate neurological damage. 

How Is Hypoxic Ischemic Encephalopathy Diagnosed and Treated?

Doctors diagnose HIE through clinical examination and diagnostic testing. Brain imaging, including MRI and CT scans, show areas of brain damage. MRIs are particularly useful for detecting the specific patterns of injury associated with oxygen deprivation. Electroencephalogram or EEG testing measures brain electrical activity and detects seizures.

Therapeutic hypothermia or cooling therapy is the primary treatment for moderate to severe HIE. This treatment involves cooling the baby's body temperature to slow down the injury process and give damaged brain cells a chance to recover. Cooling therapy started within six hours of birth can significantly reduce death and disability in infants with HIE.

The cooling process lasts 72 hours. The baby is cooled to about 33.5 degrees Celsius using a cooling blanket or cap. After cooling, the baby is slowly rewarmed. Medical teams closely monitor vital signs, brain activity, and organ function throughout the process.

Not all infants with HIE are candidates for cooling therapy. The treatment works best for babies born at or near full term who show signs of moderate to severe HIE within the first few hours after birth. Infants with mild HIE or those beyond the treatment window might not receive cooling therapy.

What Are the Long-Term Effects of Hypoxic Ischemic Encephalopathy?

The severity of long-term effects depends on how much brain damage occurred. Mild HIE might result in minimal long-term problems with normal development. Moderate HIE often causes learning disabilities, attention problems, or mild motor delays. Severe HIE typically results in significant disabilities.

Cerebral palsy is one of the most common outcomes of severe HIE. This movement disorder affects muscle control, posture, and coordination. Children with cerebral palsy from HIE might need wheelchairs, walkers, or other assistive devices.

Intellectual disabilities occur frequently after moderate to severe HIE. Children might have below-average IQ scores, struggle with learning, or need special education services. 

Epilepsy develops in many children who had HIE as infants. Seizures might begin in infancy or emerge later in childhood. Some children need lifelong seizure medications. 

Vision and hearing problems affect some children with HIE. Brain damage can interfere with how the brain processes visual and auditory information, even when the eyes and ears function normally. 

What Compensation Can Families Recover for Hypoxic Ischemic Encephalopathy Injuries?

Illinois law allows families to pursue damages when medical negligence causes HIE. Under 735 ILCS 5/2-622, families must obtain a certificate of merit from a qualified medical professional stating that the child’s HIE may have resulted from medical malpractice. This allows the case to move forward.

The costs of caring for a child with HIE can reach millions of dollars over a lifetime. Medical expenses include:

• Initial hospitalization and testing

• Cooling therapy, occupational therapy, and other types of needed therapies and support

• Intensive care

• Medications

• Surgeries

• Medical equipment

• Lifetime care needs

Serious cases often include custodial care costs that cover around-the-clock supervision and assistance with feeding, bathing, dressing, and mobility.

Lost earning capacity may also be compensated for the child's inability to work and support themselves. Pain and suffering damages address the child's physical pain, emotional distress, and reduced quality of life, as well as the parents' emotional distress from watching their child suffer.

Call a Winnebago County, IL Personal Injury Attorney Today

Hypoxic Ischemic Encephalopathy is a very serious condition that can result in large, complicated settlements for victims and their families. Even if you are not sure whether your child suffers from HIE, you can schedule a free, no-pressure consultation and find out more about whether we can help you investigate.

Contact Mannarino & Brasfield, A Division of Schwartz Jambois, at 815-215-7561 for a free consultation about your child's birth injury case. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Our Rockford, IL personal injury lawyers have won major, complex case victories, including serious medical malpractice cases against hospitals and doctors involving injuries to infants and children. We understand the medical and legal complexities of HIE cases and will fight for the compensation your family needs.