Understanding Birth Injuries, Cerebral Palsy, and Newborn HIE

The birth of a child is a moment filled with hope and joy, but for some parents, it may come with unexpected challenges. Birth injuries such as Cerebral Palsy or Hypoxic-Ischemic Encephalopathy Newborn (HIE) can bring confusion, heartache, and countless questions.

If you’re navigating this difficult path, understanding what happened during your child’s birth—and whether medical negligence may have been involved—is critical.

At The Yost Legal Group, we are here to provide you with the guidance, investigation, and answers you need to protect your child’s future.

If your baby has an HIE medical diagnosis, call us for a free and confidential consultation at 1-800-967-8549.

A birth injury is damage sustained by an infant during labor and delivery

What Is a Birth Injury?

A birth injury is damage sustained by an infant during labor and delivery. These injuries can range from:

  • minor, temporary conditions
  • more severe forms of harm
  • developmental delays
  • lifelong disabilities

Some birth injuries can occur despite the best medical care. However, others may result from improper medical decisions and actions during the birthing process.

When an infant's brain is deprived of oxygen during delivery

What are the common causes of birth injuries?

Birth injuries can happen for various reasons, but some common causes include:

  • Restricted oxygen flow (birth asphyxia): When an infant’s brain is deprived of oxygen during delivery, it can result in conditions like HIE and Cerebral Palsy. The lack of oxygen can cause a hypoxic ischemic encephalopathy hie injury.
  • Untreated infections: Failing to identify and treat maternal or fetal infections can lead to complications before or during labor.
  • Improper use of delivery tools: When tools like forceps or vacuum extractors are misused, they can cause physical trauma or damage to the baby.
  • Delayed emergency responses: Failure to recognize and act on signs of fetal distress, such as abnormal heart rates, can have devastating outcomes.

These situations do not always constitute negligence, but when medical professionals fail to meet the standard of care required, the results can be life-altering.

An HIE lawyer can explain the steps in filing a birth injury lawsuit. Our cerebral palsy lawyers have many years of experience. We help parents get financial compensation for their child’s care. This support can last a lifetime.

How is neonatal HIE diagnosed

How is neonatal HIE diagnosed?

HIE (hypoxic-ischemic encephalopathy) is often suspected in newborns shortly after birth due to alarming signs like seizures, difficulty breathing, blue lips and/or skin color, and low or no muscle tone (often called “floppy” or “floppy baby”) or complications during labor and delivery. Diagnosing HIE requires swift action and the use of various medical tests, which include:

  • Blood Tests: These assess oxygen levels, electrolytes, enzymes, and other crucial markers in the blood to help confirm HIE.
  • Umbilical Cord or Placenta Testing: Analyzing blood from the umbilical cord or examining the placenta can help determine the root cause.
  • Lumbar Puncture: A sample of cerebrospinal fluid is taken from the lower back to check for possible infections.
  • Head Ultrasound: This evaluates brain activity to detect bleeding or fluid buildup.
  • EEG (Electroencephalography): Conducted within a baby’s first day, this test measures brain activity for abnormalities.
  • Brain MRI: Performed between days 4–7 post-birth, an MRI identifies areas in the brain affected by damage.

Symptoms of HIE may not always be immediately apparent. Children with mild symptoms might be diagnosed later in life when developmental delays or motor function issues become evident. If you notice any concerns, consult your child’s healthcare provider to assess symptoms, review health history, and perform a physical exam.

Prompt detection is critical—if you suspect HIE, seek medical evaluation immediately.

Define hypoxic ischemic encephalopathy.

Hypoxic ischemic encephalopathy (HIE) is a critical condition where a newborn’s brain doesn’t get enough oxygen or blood flow during labor and delivery or shortly after birth.

The terms explain Hypoxic-Ischemic Encephalopathy:

  • Hypoxic = Insufficient oxygen
  • Ischemic = Insufficient blood flow
  • Encephalopathy = Brain disorder

This type of brain injury can lead to varying outcomes. Some children experience no lasting effects, while others may face permanent disabilities or, in severe cases, death.

The extent of harm depends on factors such as the duration of oxygen deprivation and the specific parts of the brain that the deprivation impacted. HIE medical abbreviation stands for Hypoxic ischemic encephalopathy.

If you have questions about your HIE infant, call The Yost Legal Group for help. We will investigate what happened and why, and if negligence was involved, we will file a birth trauma lawsuit.

Birth injury cases are complex and require experienced cerebral palsy attorneys to file a medical malpractice lawsuit. We are here to listen, support, and guide you in the best way possible to support your child.

Key Symptoms of HIE:

  • Breathing difficulties
  • Low heart rate
  • Seizures or unusual movements
  • Weak muscle tone
  • Inability to regulate body temperature
  • Blue or pale skin
  • Poor reflexes
  • Reduced activity or alertness
  • Abnormal blood glucose levels

HIE is also known as birth asphyxia, perinatal asphyxia, or neonatal encephalopathy.

Take Action Immediately

If your newborn has shown any potential signs of HIE, it’s essential to seek medical evaluation promptly. Early intervention can make a significant difference. Consult with a healthcare provider to learn about treatment options and next steps.

Was my baby’s birth injury caused by a medical mistake?

Determining whether your child’s injury was linked to medical negligence is key to getting answers and seeking justice.

Here are some signs that may indicate mistakes were made during your child’s birth:

  • Unclear or inconsistent explanations: If healthcare providers cannot adequately explain why your child was injured, there may be more to investigate.
  • Complications during delivery: Events like prolonged labor, failure to perform a timely C-section, or incorrect use of medical equipment may point to errors.
  • Delayed or missed diagnoses: Some injuries, such as HIE, may stem from an undiagnosed condition, such as a slow fetal heart rate (bradycardia), that could have been prevented with timely action.

If you suspect that a preventable issue caused your child’s birth injury, speaking with an experienced birth injury lawyer can help you uncover the truth.

How Can a Birth Injury Lawyer Help?

Navigating the legal system and understanding medical terms can feel overwhelming. This is where an experienced birth injury lawyer steps in. Here’s how we can support you:

  • Investigation and analysis: We partner with medical experts to review your records and identify whether a mistake occurred.
  • Advocacy for your child: A birth injury lawyer will fight for compensation to cover your child’s medical expenses, therapy, and long-term care.
  • No upfront costs: At The Yost Legal Group, our consultations are free, and you pay no fees unless we win your case.

Our team has years of experience handling birth injury claims nationwide. We understand the emotional and financial toll these situations take on families, and we are here to help you every step of the way.

Protect your child’s future after an HIE diagnosis

If you think your child’s birth injury was caused by medical negligence, don’t wait to take action.

Birth injuries like Cerebral Palsy or HIE demand immediate attention to ensure your child gets the care and resources they need.

Contact The Yost Legal Group for a free, confidential consultation. Our experienced birth injury attorneys are ready to help you.

We will uncover answers, seek accountability, and secure the financial support your family needs.

Call us at 1-800-967-8529 today.

Let us fight for justice—because every child deserves a fair start.

Hypoxia in Newborns – Asphyxia in Newborns – Hypoxic Infant – HIE Neonates

Necrotizing Enterocolitis Linked to Enfamil and Similac Infant Formula

Studies show Necrotizing Enterocolitis afflicts premature babies who are fed “cow’s milk-based formula” like Enfamil and Similac. In most cases, baby or infant formula is a safe alternative to breastmilk for newborn babies as long as standard guidelines and feeding practices are used.

The United States Food and Drug Administration (FDA) website hosts a comprehensive report on infant formulas that includes approved manufacturers and individual products. It also highlights the best practices for feeding formula to a baby.

However, one major issue, specifically regarding cow’s milk baby formula, is when a baby is born prematurely. Do not use cow’s milk baby formula to feed your preemie due to the risk of developing NEC.

Cow's milk baby formula fed to your preemie may lead to developing NEC

Why Premature Infants Should Avoid Cow’s Milk Formula

According to most modern studies and evidence, premature babies should not be fed cow’s milk baby formula. Furthermore, a 2020 study by the National Institute of Health’s (NIH) National Library of Medicine found that even milk-based fortifiers in conjunction with a base breastmilk diet negatively impacted premature infants’ health.

The consensus and evidence regarding the use of cow’s milk baby formula on premature babies are pretty clear. It often results in the development of necrotizing enterocolitis (NEC), a severe and potentially deadly condition.

If your premature baby was diagnosed with necrotizing enterocolitis (NEC), you may have a case if your baby was fed a cow’s milk formula. The experienced birth injury lawyers at The Yost Legal Group are here to help you and hold the manufacturers accountable for their negligence.

Necrotizing Enterocolitis Afflicts Premature Babies Fed Cow’s Milk Formula from Enfamil and Similac

What are premature birth risks, and how can They be identified?

People frequently talk about human pregnancy in terms of months and say that it lasts about nine months. However, doctors and other medical professionals talk about human pregnancies in terms of weeks.

The average length of a full-term human pregnancy is 40 weeks, which is a little longer than just “nine months.” However, as long as the pregnancy lasts at least 37 weeks, it is still considered a “full-term pregnancy.”

Anything under 37 weeks is considered a “premature birth,” i.e., the baby is born too early. However, not all premature births are the same. The earlier the birth, the greater the health risk to the baby, outcomes that can be long-term, lifelong, or even fatal.

According to the Mayo Clinic, a newborn can be:

  • Late Preterm: born between 34 and 36 completed weeks of pregnancy
  • Moderately Preterm: born between 32 and 34 weeks of pregnancy
  • Very Preterm: born between 28 and 32 weeks of pregnancy
  • Extremely Preterm: born before 28 weeks of pregnancy

The Mayo Clinic does note, however, that “most premature births happen in the late-preterm stage.” The Cleveland Clinic states that about 10% of births in the United States are premature.

What are the Health Risks Associated with Premature Birth?

As mentioned, the earlier the birth in terms of the number of weeks completed, the higher the risk of health issues for the newborn. It is entirely possible that a late-preterm newborn is as healthy as any baby born after 37 weeks of gestation.

If health factors are present, symptoms can range from mild to serious. However, it is always advised to follow professional medical advice after premature birth, even if symptoms are not readily apparent or seem mild.

Symptoms of premature birth include, but are not limited to, the following:

  • Small-sized/underweight baby
  • Smaller/less-developed brain
  • Problems breathing
  • Problems feeding
  • Low body temperature
  • Newborn jaundice

Cow's milk based infant formula leads to Necrotizing Enterocolitis

What is Necrotizing Enterocolitis (NEC)?

In a 2023 study, the National Library of Medicine (NLM) stated that “infant necrotizing enterocolitis is caused by bacterial invasion into the intestinal wall.”

When a baby is born prematurely, they have not had the full gestational period to develop safely in the womb.

Though the exact mechanism that causes the bacterial invasion that leads to NEC in premature babies has not yet been determined, the 2023 NLM study found that “gastrointestinal tract immaturity [in premature neonates] is believed to play a role in the pathogenesis of necrotizing enterocolitis.”

An NEC preemie with NEC symptoms is frightening to new parents.

Additional studies, even ones dating back to 2011, have shown a link between premature babies fed with cow’s milk formula and the development of NEC.

Although it is possible for babies who are exclusively fed breast milk to develop neonatal necrotizing enterocolitis, the incident rate is much lower.

The Cleveland Clinic also supports this data with its findings that NEC affects 1 in 1,000 premature babies. In comparison, “the condition only rarely affects full-term infants,” about 1 in 10,000 full-term babies.

While it is possible to diagnose NEC disease clinically, doctors often require diagnostic imaging to determine the condition’s stage. Radiography is the most commonly used tool because it can show the intestines and areas affected by rogue bacteria.

There are three Bell’s stages of NEC:

  • Bell’s stage 1 (suspected disease)
  • Bell’s stage 2 (definite disease)
  • Bell’s stage 3 (advanced disease)

What are the Health Risks Associated with Necrotizing Enterocolitis?

NEC in preterm infants is a severe condition that affects the gastrointestinal tracts of premature babies, leading to bacterial infections of the intestinal wall.

If diagnosed and treated immediately, the effects of NEC preemie symptoms can be minimized. However, doctors can miss symptoms, leading to untreated NEC.

When untreated, bacteria that enter the gastrointestinal tract can cause severe infections that kill the intestinal tissue and cause bacterial leakage to other internal organs. Bell’s stage 3 means the presence of dead tissue or bowel perforations.

In the United States alone, NEC caused 355 deaths per 100,000 live births in 2013, and the mortality rate for Black Americans was three times higher than for the White population.

Symptoms of NEC include, but are not limited to, the following: (signs of necrotizing enterocolitis)

  • Abdominal swelling
  • Bloody stools
  • Green vomit
  • Poor feeding
  • Inability to gain weight
  • Organ failure
  • Death

If your baby was born premature and diagnosed with necrotizing enterocolitis after it was fed cow’s milk baby formula, there is no time to delay. Learn about filing an NEC lawsuit and get NEC lawsuit updates.

Call or text our experienced product liability lawyers today for a free consultation regarding your potential case. We must hold these companies accountable for their negligence and dangerous products. We are available at no cost to you at 410-659-6800.

Do you Qualify to File a Necrotizing Enterocolitis Lawsuit?

At The Yost Legal Group, we understand the sensitivity of this subject. We are talking about children’s health, life, and wellbeing—and not just any children, but your children or grandchildren.

For years, we have pursued claims against Abbott Laboratories and Mead Johnson related to this NEC litigation, and the fight is just getting started.

It is time to hold these multinational, billion-dollar companies accountable for their negligence in developing and marketing dangerous products.

These products are being fed to newborn and premature babies and, in some instances, causing grave harm, if not death.

If NEC is not caught and treated in time, the damage done to the premature baby might never be fully healed. It could require a lifetime of care. And those affected deserve compensation.

Contact The Yost Legal Group, a wrongful death law firm.

Already, we are seeing cases go to court and settlements being reached. The manufacturers of cow’s milk formula fed to premature infants, leading to NEC, must be held accountable. The Yost Legal Group will continue to fight.

Call or text our experienced defective product lawyers today for a free consultation. We will discuss filing an NEC baby formula lawsuit or a Similac infant formula lawsuit, which will allow us to hold the manufacturers of these dangerous products accountable.

We will help you recover financial compensation for medical treatments, pain and suffering, and whatever your NEC newborn requires.

Contact a baby formula lawyer at 410-659-6800. There is no charge or fee unless you recover. We are here to help you get the justice you deserve.

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