California Hypoxic-ischemic Encephalopathy Attorney
A Skilled Lawyer Fighting for Families Harmed by HIE in San Francisco
Hypoxic-ischemic encephalopathy, often referred to as HIE, occurs when the brain experiences limited oxygen and blood flow, leading to significant injury. This condition often arises during birth due to complications like umbilical cord problems, prolonged labor, or maternal health issues. HIE can result in a wide range of outcomes depending on the severity, including developmental delays, motor impairments, and cognitive challenges. Severe cases can lead to conditions like cerebral palsy or epilepsy that impact the individual's capabilities and quality of life.
At Peterson Injury Law, we recognize how devastating an HIE diagnosis can be for a family. We are also familiar with the types of medical malpractice that can lead to these outcomes and can fight to hold the responsible party or parties accountable. Our founding attorney, Erik L. Peterson, has a track record of successfully trying complex and high-stakes claims, including those involving birth injuries. We are prepared to put our over 30 years of legal experience to work for you and fight for the best possible outcome.
A member of our team is available 24/7. You owe us no legal fees unless we help you recover compensation.
If a healthcare provider’s negligence caused or worsened HIE in your child, our California hypoxic-ischemic encephalopathy lawyer can help you seek justice. Call (415) 630-2913 or contact us online to schedule a free, no-obligation consultation.
How Long Do I Have to File a Hypoxic-ischemic Encephalopathy Claim in California?
When a child under the age of six suffers harm because of medical malpractice, the statute of limitations for filing a lawsuit is typically three years from the date the negligence occurred or the child’s eighth birthday, whichever is later. Because HIE tends to be a birth-related injury, this means you will generally have until your child turns eight to bring a claim.
While this is a substantial amount of time, it is still in your best interest to get legal advice as soon as possible. Getting in touch with our team at Peterson Injury Law sooner rather than later gives us more of an opportunity to preserve important evidence, collect witness statements, and build a compelling claim.
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$3.75 Million Anesthesia Error
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$6.25 Million Anoxic Brain Injury, Anesthesia Error
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Record-Setting $17 Million Birth Injury Settlement
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“Working with Erik Peterson was an exceptional experience during one of the most difficult times in our lives. As we faced shock and a maze of medical decisions, Erik seamlessly took on our medical malpractice case with professionalism, compassion, and deep expertise. From our very first conversation, it was clear that Erik had both the knowledge and the sensitivity to guide us through the process with integrity. Erik ultimately secured a settlement that protected our financial future and gave us peace of mind to focus our energy on healing and recovery. We are profoundly grateful for his guidance and advocacy, and we cannot recommend Erik and his team highly enough.”- Jennifer B.
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“I am so very grateful to my lawyer, Erik and his team for his unwavering support, dedication and commitment. Thank you for all your hard work leading us to a victorious outcome in court!”- Quia K.
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“My wife and I are forever grateful to Erik and his team for putting the effort and care for our son and his needs. We chose Erik over another lawyer because they took the time to FaceTime with us and speak to us on a personal level which made us feel safe and heard. Throughout the process Erik was very communicative and detailed in explaining how all the legal things worked and how long things took. He was always truthful and honest but also caring. At the end Erik and his team were able to help us and now our son will have his needs met and a more comfortable life. Thank you.”- Adrian B.
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“He couldn't have managed independence to this extent, his current level of physical activity, or the complexity of his recent social interactions 6 months ago. None of it would have happened without ongoing therapeutic support - which has only been possible with the financial settlement.”- Former Client
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“Thank you Erik for winning our case! Erik and his team are superb. If you are in need of his attorney services, it is likely, like myself, that you are experiencing one of the most traumatic and painful times of your life. Of course you want an excellent lawyer - and he is it. The bonus: he is also a genuinely real and kind human being. I am so grateful to him and his team.”- Margaret C.
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“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”- Kristy N.
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“My husband passed due to medical malpractice and I didn't know what to do or who to call. All I knew was I needed to get him justice. I researched and found Erik Peterson on google and reviewed various reviews on various sites. He was very patient and fought for me and my late husband. Erik told me what to expect ahead of time so I could prepare myself mentally. All in all, I HIGHLY recommend them to anyone who may need legal assistance in personal injury, medical malpractice and wrongful death. They are excellent and I can't say enough good things about them.”- Kiki A.
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“Very knowledgeable, professional and honest. I needed an attorney for malpractice and from the moment we first had our meeting, he explained everything in terms I could easily understand and very thorough, was always very responsive when I had questions. The case wasn’t an easy one to settle, but Erik never lost hope and kept fighting. Any time I had to get ahold of the staff at the law firm for paperwork, they were always so understanding and very helpful and always got back to me in a timely manner. I would highly recommend Erik Peterson and his law firm. He was an excellent lawyer and truly a genuine person.”- Lila D.
Symptoms of Hypoxic-ischemic Encephalopathy
Symptoms of HIE typically become observable shortly after birth, although the specific timeline and presentation can vary based on the severity of the condition. Symptoms in newborns can range from mild and transient to severe and life-altering, often relating to the areas of the brain that experienced oxygen deprivation.
These symptoms can include:
- Breathing difficulties. Newborns with HIE often struggle to establish or maintain regular breathing patterns. Rapid, shallow breaths or periods of apnea can signal underlying neurological challenges caused by oxygen deprivation.
- Seizures. Seizures may present within the first 24 to 48 hours of life, serving as a clear indicator of potential brain injury. These can vary in presentation, including subtle movements like lip smacking or more pronounced convulsions.
- Abnormal muscle tone. Infants may show either hypotonia (reduced muscle tone) or hypertonia (increased muscle stiffness). This can impact their ability to move limbs or maintain proper postures, showcasing underlying motor system disruptions.
- Feeding challenges. Many infants with HIE experience difficulty in sucking or swallowing, making feeding nearly impossible without assistance. Poor coordination of these reflexes reflects brain function impairments stemming from the condition.
- Altered consciousness. Abnormal levels of alertness, such as excessive drowsiness or irritability, can point to neurological injury. Some infants may appear unresponsive, while others might exhibit unusual agitation, both of which warrant medical evaluation.
- Abnormal reflexes. Common newborn reflexes, such as sucking, grasping, or the Moro reflex, may appear absent or overly pronounced. This highlights potential areas of damage within the brain.
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Types of Compensation Available in California HIE Cases
When medical malpractice leads to or exacerbates a child’s HIE, parents may seek economic and non-economic damages to address the associated impacts. Economic damages are quantifiable financial losses resulting from your child’s HIE, while non-economic damages are meant to compensate for intangible losses that are harder to measure.
Our California hypoxic-ischemic encephalopathy lawyer can fight to secure maximum compensation for your economic and non-economic damages, including:
- Medical expenses, including hospital stays, medications, surgeries, diagnostic tests, rehabilitation therapies, assistive devices, home modifications, mobility aids, and other forms of specialized care
- Lost income if you or the child’s other parent must stop working to care for your child
- Pain and suffering
- Emotional distress
- Loss of quality of life
Your family deserves justice, and we can help. Call (415) 630-2913 or contact us online today.
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