Birth Asphyxia Lawyer

What Is Birth Asphyxia?

Birth asphyxia, also called perinatal asphyxia or neonatal asphyxia, occurs when the flow of oxygen to a newborn's vital organs is reduced or cut off during the birth process.

The brain is among the most sensitive organs to oxygen deprivation. Even a few minutes without adequate blood flow and oxygen can trigger cellular damage that may not fully reveal itself for weeks, months, or years.

Things to know about birth asphyxia:

• What it is: Oxygen deprivation during the delivery process
• Complications: Birth injuries like brain damage, cerebral palsy, and HIE
• Rates: 2 out of 1,000 births in the United States
• Fatalities: 20% of neonatal deaths worldwide

Birth asphyxia can occur for many reasons before, during, or shortly after delivery. While some cases are unavoidable, others happen when health care providers fail to recognize or respond appropriately to complications that reduce a baby's oxygen supply.

Birth Asphyxia & Medical Malpractice

When birth asphyxia causes brain injury, the resulting condition is known as hypoxic-ischemic encephalopathy (HIE). Not every case of birth asphyxia is the result of a medical error, as some arise from unavoidable pregnancy complications.

But many cases involve failures that could have been prevented with proper monitoring, timely decision-making, and following care standards.

Birth asphyxia is frequently linked to medical mistakes such as:

• Failing to monitor the fetal heart rate and recognize signs of fetal distress
• Delaying an emergency cesarean section after warning signs appear
• Mismanaging complications like umbilical cord prolapse, placental abruption, or uterine rupture
• Improperly using forceps or vacuum extractors, causing head trauma or oxygen loss
• Administering excessive doses of labor-inducing medications like Pitocin® without appropriate monitoring
• Failing to diagnose or treat a uterine infection that puts the baby at risk
• Missing prenatal warning signs that should have triggered earlier intervention

If your child experienced oxygen deprivation during birth and you believe a preventable error may have played a role, a birth asphyxia attorney can review what happened and help your family understand your legal options.

Is Your Family Eligible for a Birth Asphyxia Claim?

To be eligible for a birth asphyxia claim, your child must have been harmed by oxygen deprivation linked to medical negligence. Every birth asphyxia case is different, but there are common circumstances that may indicate a preventable medical error occurred.

You may be able to file a birth asphyxia claim if at least one of these occurred:

• Your baby was deprived of oxygen before, during, or immediately after delivery
• Your child has been diagnosed with HIE, cerebral palsy, a seizure disorder, or another condition linked to birth oxygen deprivation
• Medical staff failed to act on clear signs of fetal distress during labor
• A delay in performing a C-section contributed to your baby's brain injury
• Forceps, vacuum extractors, or labor-inducing medications were used incorrectly
• You were not given complete or accurate information about the risks of complications

If your child is still very young or has not yet received a formal diagnosis, our team of registered nurses can still listen to what happened during your delivery and help determine whether the medical care your family received may have fallen short.

Birth Asphyxia Statute of Limitations

In birth asphyxia cases, every state sets a deadline, known as the statute of limitations, for filing a medical malpractice lawsuit. In some states, this may be as little as 1 year after your child's diagnosis.

While many states provide special rules for injuries involving children, waiting too long can limit your legal options. It's also important to act quickly because medical records, witness recollections, and other evidence can become more difficult to obtain over time.

What a Birth Asphyxia Lawyer Can Do for Your Family

A birth asphyxia lawyer investigates whether medical negligence caused a baby's oxygen deprivation during labor or delivery. They review medical records, consult medical experts, identify liable health care providers, and seek compensation for medical expenses and long-term care.

Birth asphyxia malpractice cases are among the most complex in all of personal injury law. They require a legal team that understands both the medical and legal standards that apply — and has the resources to go up against well-funded hospital systems and their insurers.

With Sokolove Law, a birth asphyxia attorney may be able to help:

• Listen to your child's birth story during a free legal consultation to assess whether medical malpractice may have occurred
• Consult with qualified medical experts to analyze clinical decisions and delivery records in your case
• Collect and preserve evidence, including electronic fetal monitoring data, nursing notes, physician orders, and hospital policies
• File your birth asphyxia claim before the statute of limitations expires in your state
• Negotiate a birth asphyxia settlement with the hospital's legal team and insurance company on your behalf
• Take your case to trial if a resolution cannot be reached through an out-of-court birth injury settlement

Our experienced labor and delivery nurses review your child's medical records and identify potential departures from the accepted standard of care

You have enough to focus on after your child's birth without navigating a complex legal claim. While you care for your family and your child's medical needs, let our team handle the legal fight.

Why Families Choose Sokolove Law for Birth Asphyxia Cases

The hospitals and insurers on the other side of these cases invest significant resources in defending their interests and protecting their profits. Families deserve legal representation that is just as committed and just as well-prepared.

What sets our birth asphyxia law firm apart:

• 45+ Years of Experience: Since 1979, we have represented families harmed by medical negligence, including some of the most complex birth injury cases in the country.
• Registered Nurses on Staff: We have an entire team of labor and delivery nurses with decades of clinical experience who can evaluate whether the care your child received deviated from accepted standards.
• Over $1.1 Billion for Families: Our results for birth injury clients speak to our experience and commitment in this area.
• Nationwide Reach: We handle birth asphyxia cases in all 50 states, so our team is available to help your family wherever you are.
• No Upfront Costs: We work on a contingency-fee basis. You pay nothing unless we recover compensation on your behalf.

Birth asphyxia cases are among the most aggressively defended in medical malpractice law. Hospitals and their insurers retain experienced legal teams whose job is to dispute causation, challenge expert testimony, and limit what families recover.

Without a birth asphyxia law firm that has handled these cases before and has the medical knowledge and financial resources to match that defense, families may be at a significant disadvantage from the start.

"After a traumatic birth, our daughter faces numerous issues, and I can't work as I need to care for her. Sokolove Law stepped in and helped us fight for justice. With their help, we can breathe a little easier, knowing our daughter's needs will be met."
– Sokolove Law Birth Injury Client

Our Past Birth Asphyxia Settlements & Verdicts

Every birth asphyxia case is different, and no settlement or verdict guarantees a similar outcome. However, families may be entitled to significant compensation when medical negligence causes serious, lifelong injuries.

The average birth injury settlement is over $1 Million, though cases involving conditions like cerebral palsy average closer to $2.5 Million, depending on the severity of the injury and the child's future care needs.

Birth asphyxia settlements and verdicts we've secured include:

• $7.25 Million for a California child with severe HIE and cerebral palsy
• $6.5 Million for a Washington child with CP who received cooling therapy
• $5 Million for a child in California who wasn't breathing at birth
• $6 Million for a California family whose child has brain damage, HIE, and cerebral palsy
• $5.86 Million for a New York child affected by fetal distress, blindness, and cerebral palsy
• $1.2 Million for a New Jersey child harmed by birth asphyxia
• $4.5 Million for a Kansas child with brain damage and cerebral palsy
• $6.5 Million for a California boy who suffered a brain injury at birth from fetal distress

These results illustrate the substantial financial impact birth asphyxia can have on a family, but the value of any claim depends on its unique facts.

At Sokolove Law, our birth asphyxia lawyers fight for the compensation families need to provide the best possible care for their child and to make the road ahead easier.

Birth Asphyxia Symptoms

The signs of birth asphyxia vary depending on how long the baby was deprived of oxygen and how severe the deprivation was. Some symptoms are apparent immediately after delivery, while others may not emerge until the child reaches developmental milestones.

Symptoms of birth asphyxia in newborns include:

• Abnormal reflexes or eye movements: Changes in the baby's reflexes or involuntary eye movements may suggest brain involvement, according to the National Library of Medicine.
• Difficulty breathing: A baby who cannot breathe spontaneously or requires resuscitation at delivery may be showing signs of asphyxia, as noted by Johns Hopkins Medicine.
• Feeding difficulties: Trouble latching, sucking, or swallowing can indicate neurological damage.
• Limpness or poor muscle tone: Hypotonia, or abnormally low muscle tone, is a hallmark neurological sign of asphyxia, according to Johns Hopkins Medicine.
• Low Apgar score: Apgar scores measure a newborn's color, heart rate, reflexes, muscle tone, and breathing at 1 and 5 minutes after birth. A low score may indicate asphyxia, as per the National Library of Medicine.
• Pale or bluish skin tone: Discoloration at birth can signal inadequate oxygen in the blood.
• Seizures in the newborn period: Seizures occurring in the first days of life are a serious indicator of brain injury caused by oxygen deprivation, as noted by the National Library of Medicine.
• Slow or irregular heart rate: A depressed heart rate in a newborn can reflect oxygen deprivation affecting the cardiovascular system.
• Weak or absent cry: A newborn who is slow to cry or doesn't cry at all may be experiencing respiratory difficulties related to oxygen deprivation, according to Johns Hopkins Medicine.

Because some birth asphyxia symptoms are subtle in the first days of life, a formal diagnosis often requires additional testing, including brain MRI, EEG, blood gas analysis, and neurological assessment.

What Are the Long-Term Effects of Birth Asphyxia?

The long-term impact of birth asphyxia depends on how long the oxygen deprivation lasted, how severe it was, which parts of the brain were affected, how quickly treatment was initiated, and how the child responds to intervention.

Neuropsychopharmacology reported that approximately 25% of infants who survive perinatal asphyxia develop permanent neurological disabilities. Sadly, children with severe HIE often experience major impairments or do not survive beyond the first years of life.

Birth asphyxia long-term effects include:

• Cerebral palsy: Dyskinetic cerebral palsy and spastic quadriplegia are the forms most closely associated with neonatal oxygen deprivation.
• Epilepsy and seizure disorders: Children who experienced HIE are more likely to have seizures, with rates approaching 25%.
• Cognitive impairment: Lower cognitive scores are common, along with challenges in reading, math, and processing speed.
• Speech delays: Speech disorders occur at rates nearly 7 times higher in children who experienced perinatal asphyxia.
• Behavioral disorders: Difficulties with attention, memory, and emotional regulation are common.
• Hearing loss: Hearing impairment has been found at higher rates in cases of moderate or severe perinatal asphyxia.
• Visual impairment: Damage to the brain's visual processing areas can cause vision problems.
• Feeding difficulties: Neurological damage can affect a child's ability to eat, sometimes requiring tube feeding or long-term nutritional support.
• Multi-organ complications: Birth asphyxia can damage the kidneys, heart, liver, and other organs, with some effects persisting into adulthood.

The lifetime costs associated with these disabilities can be enormous. When the injury was caused by a preventable medical error, a birth asphyxia lawsuit may be the best path to securing the compensation your child will need for a lifetime of care.

Birth Asphyxia Lawsuit Updates & News

Courts across the United States have consistently returned significant verdicts and settlements in birth asphyxia and HIE malpractice cases in recent years.

Recent birth asphyxia lawsuit settlements and verdicts include:

• $108.6 Million Philadelphia birth asphyxia verdict
• $951 Million Utah birth asphyxia verdict
• $23.5 Million Chicago birth asphyxia verdict
• $120 Million Michigan birth asphyxia verdict
• $17.1 Million Illinois birth asphyxia verdict
• $32.5 Million Pennsylvania birth asphyxia settlement

These outcomes reflect both the severity of the harm these injuries cause and the willingness of juries to hold hospitals and medical professionals accountable when life-altering mistakes are made.

$108.6 Million Philadelphia Birth Asphyxia Verdict

A Philadelphia jury awarded $108.6 Million to the family of a child who sustained permanent brain injuries following a December 2018 delivery at what is now Jefferson Einstein Philadelphia Hospital.

The family's birth asphyxia injury attorneys in Philadelphia​ alleged that:

• Forceps were used during the delivery of a large baby, a procedure that deviated from the standard of care.
• Post-delivery warning signs of brain injury were overlooked before the baby was discharged, including swelling and increasing head circumference.
• A pediatrician later ordered emergency testing that revealed brain hemorrhaging.
• The baby underwent emergency surgery to drain blood and fluid from the cranium.

The jury awarded $106.1 Million for future medical care over an expected 68-year lifespan, plus additional amounts for lost earning potential and pain and suffering.

$951 Million Utah Birth Asphyxia Verdict

A Utah judge entered a $951 Million judgment after finding Steward Health Care's Jordan Valley Medical Center liable for the catastrophic birth injury suffered by Azaylee McMicheal in October 2019. This is reportedly the largest medical malpractice verdict in Utah history.

Court findings revealed that newly trained nurses administered dangerously elevated doses of Pitocin for hours while clear signs of fetal distress appeared on monitoring, and that the on-call physician was asleep in a nearby room.

By the time a C-section was performed, Azaylee had already suffered hypoxic-ischemic brain damage from prolonged oxygen deprivation, according to the lawsuit. She was born with permanent, severe disabilities requiring around-the-clock care.

$23.5 Birth Asphyxia Lawsuit in Chicago Verdict

A Cook County jury awarded $23.5 Million to Dylan, an 8-year-old boy who suffered birth asphyxia and hypoxic-ischemic brain injury during labor and delivery at Mercy Hospital and Medical Center.

According to evidence presented by the family's Chicago birth asphyxia lawyers, signs of fetal distress should have spurred the medical team to deliver the child by cesarean section.

Dylan has since been diagnosed with a host of health conditions, including cerebral palsy. He reportedly requires help with daily activities, ongoing medical care, and special education.

“This case centered on important questions about hospital decision-making and physician credentialing. The evidence presented at trial showed that critical opportunities for earlier intervention were missed during Dylan's labor and delivery."
– Birth Asphyxia Attorney in Chicago

$120 Million Michigan Birth Asphyxia Verdict

A Wayne County, Michigan jury awarded $120 Million to the family of K'Jon, who suffered severe brain damage and cerebral palsy after physicians at Henry Ford Hospital delayed performing a cesarean section for more than 2 hours despite non-reassuring fetal heart tones.

K'Jon, now a teenager, is nonverbal, legally blind, requires a wheelchair, and needs continuous care from family members. The verdict is among the largest birth injury awards in Michigan history.

$17.1 Million Birth Asphyxia Illinois Verdict

An Illinois jury awarded $17.1 Million after finding that a physician failed to intervene when fetal monitoring recorded signs of distress during labor, leading to a baby's wrongful death at just 9 months old.

Following a prolonged delivery requiring resuscitation, the infant was diagnosed with hypoxic-ischemic encephalopathy, a catastrophic brain injury caused by oxygen deprivation, according to the lawsuit.

The family's birth asphyxia attorneys in Illinois​ alleged that the defendant's failure to alter the clinical plan in response to monitoring evidence constituted a departure from the standard of care.

$32.5 Million Pennsylvania Birth Asphyxia Settlement

A Pennsylvania family reached a $32.5 million settlement with Tower Health, parent company of Reading Hospital, after their son was born with spastic quadriplegia cerebral palsy and cortical blindness.

The lawsuit alleged that hospital staff failed to recognize signs of fetal distress and a uterine infection during delivery, and then failed to offer therapeutic hypothermia after the baby was born with brain injury.

The birth asphyxia settlement, reached prior to opening arguments, will provide long-term financial support for the child's ongoing care needs.

What Compensation Can a Birth Asphyxia Claim Recover?

The financial impact of a serious birth asphyxia injury can be profound and lifelong. While every case is different, families may be entitled to compensation for lifelong medical care, rehabilitation, specialized equipment, lost earning capacity, and more.

A successful birth asphyxia claim may help your family recover:

• Medical expenses: Past and future hospital stays, surgeries, physician and specialist care
• Therapeutic services: Physical, occupational, speech, and behavioral therapy
• Adaptive equipment: Wheelchairs, communication devices, hearing aids, orthotics, and assistive technology
• Home modifications: Ramps, lifts, accessible bathrooms, and other structural changes
• Educational support: Special education services, tutoring, and school-based accommodations
• Long-term care costs: In-home aide services, nursing support, or residential facility care
• Lost income: For parents and caregivers who have had to reduce or stop working
• Pain and suffering: Compensation for your child's physical suffering, your family's emotional distress, and the lasting impact on daily life

A study found the median hospitalization cost for surviving infants treated with therapeutic hypothermia for HIE was $58,552, with costs reaching as high as $130,203.

The average birth injury lawsuit settlement is estimated at around $1 Million, though cases involving severe, permanent disabilities like cerebral palsy award $2.5 Millon on average. Compensation can help with any expenses tied to birth asphyxia.

Birth Asphyxia Treatment

When birth asphyxia is identified promptly, medical teams have a narrow but critical window to intervene. The goal of treatment is to prevent or limit the secondary phase of brain injury that can unfold hours after the initial oxygen deprivation occurs.

Treatments for birth asphyxia include:

• Cooling therapy
• Respiratory support
• Seizure management
• Nutritional support
• Long-term therapy

Treatment for birth asphyxia focuses on restoring oxygen, protecting the brain from further injury, and supporting a baby's long-term recovery.

Therapeutic Hypothermia (Cooling Therapy)

Therapeutic hypothermia, also called cooling therapy, is the established standard of care for newborns with moderate to severe HIE. An NIH-supported study found that the treatment reduces the combined risk of death and major disability compared to standard care.

The technique lowers the baby's core body temperature to approximately 33.5°C to 34.5°C (around 91 to 93°F) for 72 hours, which slows the chemical processes that cause secondary brain damage in the hours and days after the original oxygen deprivation.

This tight window means that any delay in diagnosing asphyxia, or any delay in transferring a baby to a facility capable of providing cooling therapy, can itself constitute medical negligence.

Respiratory Support

Many asphyxiated newborns require supplemental oxygen, assisted ventilation, or mechanical breathing support to stabilize their respiratory function in the hours following birth.

Seizure Management

Neonatal seizures are common in babies with HIE and are treated with anticonvulsant medications. Prompt identification and treatment are important, as prolonged or uncontrolled seizures can worsen brain injury.

Nutritional and Metabolic Support

Careful management of blood sugar, electrolytes, and fluid balance is part of standard asphyxia care, since metabolic disturbances can compound the damage caused by oxygen deprivation.

Long-Term Therapies

As children grow, those affected by birth asphyxia often benefit from a range of therapies aimed at improving function and quality of life, including physical therapy, occupational therapy, speech and language therapy, and specialized educational support.

Treatment can amount to more than most families can afford. If medical malpractice played a role in your child's injury, however, you may qualify for compensation. Get help from a birth asphyxia lawyer at Sokolove Law now.

"The use of forceps and a loss of oxygen during our child’s delivery led to a diagnosis of CP, and our baby spent over a month in the NICU. Sokolove Law helped us secure vital resources and therapies. Their support has been crucial in improving our child’s quality of life."
– Sokolove Law Birth Injury Client

Can Babies Fully Recover from Birth Asphyxia?

Yes, many babies can recover from birth asphyxia, especially when it is recognized and treated quickly. Recovery depends on factors such as how long the baby was without enough oxygen, the severity of the oxygen deprivation, and how soon medical care began.

Some infants recover fully with no lasting effects, while others may develop long-term complications such as developmental delays, cerebral palsy, epilepsy, or learning disabilities.

Early treatments, including therapeutic hypothermia for eligible newborns, along with ongoing medical care and developmental support, can improve outcomes and help maximize a child's recovery.

Find a Birth Asphyxia Attorney Near You

Your child's birth should have been one of the most important moments of your family's life. If that moment was marred by a preventable medical error, you have the right to hold those responsible accountable — and to pursue the compensation your family needs to move forward.

As a national birth injury law firm, Sokolove Law is proud to stand by families in all 50 states. Our birth asphyxia attorneys are ready to listen to your story and fight for your child.

If your baby suffered oxygen deprivation at birth, a birth asphyxia claim may allow you to:

• Hold the hospital, physician, or nursing staff accountable for a preventable error
• Recover compensation that helps fund a lifetime of medical care and therapeutic support
• Pursue justice that may help protect other families from experiencing the same harm
• Get the answers your family deserves about what happened during your child's delivery

See if your family has a case for free. Call (800) 995-1212 now or fill out our contact form. Our team is available 24/7, and there is no charge to speak with us.

Birth Asphyxia Injury Lawyer FAQs