HIE

Hypoxic-Ischemic Encephalopathy Lawyer in San Francisco

More than 30 Years Handling Complex Birth-Injury Claims

Hypoxic-ischemic encephalopathy, often referred to as HIE, occurs when the brain experiences limited oxygen and blood flow, leading to significant injury. This condition can arise before birth, during labor and delivery, or shortly after birth. 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 affect an individual’s capabilities and quality of life.

At Peterson Injury Law, we investigate whether preventable medical malpractice caused or worsened a child’s injury. Our founding attorney, Erik L. Peterson, has more than 30 years of legal experience handling complex, high-stakes claims, including those involving birth injuries. He obtained a $17 million birth-injury settlement involving brain damage during pregnancy, which our website identifies as believed to be the largest medical-malpractice recovery in California history. Our firm has recovered more than $200 million for clients.

If you believe a healthcare provider’s negligence in San Francisco caused or worsened your child’s HIE, call (415) 630-2913 or contact us online to schedule a free, no-obligation consultation.

When HIE May Involve Medical Negligence

HIE can result from an unavoidable medical event or from a healthcare provider’s failure to respond appropriately to warning signs. We evaluate whether an act or omission departed from the applicable standard of care and caused or worsened the child’s injury. That analysis requires more than the diagnosis itself.

An initial HIE claim review may consider:

Prenatal records: Documentation of maternal infections, preeclampsia, placental concerns, fetal growth, and other conditions monitored during pregnancy.
Labor and delivery records: Fetal heart-rate monitoring data, medication records, delivery notes, provider communications, and the timing of any escalation or cesarean delivery.
Neonatal records: Resuscitation documentation, blood-gas results, imaging, seizure activity, neonatal intensive care records, and evaluations for therapeutic hypothermia.
Follow-up evaluations: Pediatric neurology records, developmental assessments, therapy recommendations, and information about the child’s current needs.

A medical-malpractice claim generally requires evidence of a provider-patient duty, a departure from the standard of care, causation, and legally recognized harm. We explain these issues in plain language, identify what additional information is needed, and keep families informed as the review progresses.

California Deadlines for Filing an HIE Claim

California medical-malpractice deadlines are fact-specific. Under Code of Civil Procedure section 340.5, the general rule is the earlier of three years after the injury or one year after the claimant discovers, or reasonably should have discovered, the injury and its negligent cause. Statutory exceptions may affect that calculation.

Different provisions apply when a young child suffers harm because of medical malpractice. For a child under six, section 340.5 generally requires an action within three years of the alleged wrongful act or before the child’s eighth birthday, whichever provides the longer period, subject to the statute’s requirements and exceptions. Families shouldn’t assume they automatically have until age eight because the correct deadline can depend on the child’s age, discovery of the injury and its cause, the defendant’s identity, and the care setting.

California law also generally requires written notice to a healthcare provider at least 90 days before filing a medical-malpractice lawsuit. Because notice and filing rules can interact, prompt case-specific advice is important even when the child is still very young.

$3.75 Million Anesthesia Error
$6.25 Million Anoxic Brain Injury, Anesthesia Error
$17 Million Birth Injury Settlement

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Erik and his team were incredibly helpful.
“Erik and his team were incredibly helpful. They consistently helped me through the unfamiliar and uncertain legal processes, which were all new to me. I trusted Erik always had my best interests in mind and was fighting on my behalf. I deeply appreciate all they did for me and my family.”

- Peter M.
I truly appreciate everything they did for us.
“Erik and his paralegal, Kate, were incredible throughout our case. Erik is an amazing attorney, he was open with us from the very beginning, attentive, and always made sure we understood every step of the process. His honesty and professionalism gave us so”

- Joyce D.
We cannot recommend Erik and his team highly enough.
“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.
I am so very grateful to my lawyer, Erik
“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.
He was always truthful and honest but also caring.
“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.
Erik, I'm incredibly grateful that [husband stroke victim] continues to improve - long after it was thought to be possible.
“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
Thank you Erik for winning our case!
“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.
Erik Peterson handled my case with care and compassion.
“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.
This whole experience can be overwhelming but Erik kept me in the loop on everything.
“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.

Symptoms of Hypoxic-Ischemic Encephalopathy

These symptoms can include:

Breathing difficulties. Newborns with HIE may struggle to establish or maintain regular breathing patterns. Rapid, shallow breaths or periods of apnea can warrant immediate medical evaluation.
Seizures. Seizures may present within the first 24 to 48 hours of life. 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 affect their ability to move limbs or maintain expected postures.
Feeding challenges. Many infants with HIE experience difficulty sucking or swallowing and may need feeding assistance. Poor coordination of these reflexes can be associated with impaired brain function.
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. Clinicians can evaluate whether these findings indicate neurological concerns.

As children grow, HIE can also show up in ways that aren’t immediately obvious in the delivery room, such as delayed milestones, difficulty with coordination, or learning challenges in school. Parents in San Francisco often first notice concerns when pediatricians compare development to age-based expectations or when early-intervention programs recommend further evaluation. Medical professionals should assess symptoms and developmental concerns because presentation and long-term effects vary by child.

Medical-Care Failures That May Contribute to HIE

Not all causes of HIE are the result of negligence. For example, medical events like placental abruption, umbilical cord accidents, or preterm birth can cause oxygen deprivation during delivery despite careful and attentive care from medical providers.

Medical negligence may be involved when healthcare providers fail to recognize or respond appropriately to changing conditions during pregnancy, labor, delivery, or neonatal care. Our California hypoxic-ischemic encephalopathy attorney can investigate the circumstances of your child’s birth, evaluate whether the records indicate negligence, and walk you through your legal options.

Potential care failures examined in an HIE investigation include:

Failure to monitor fetal distress. Fetal heart-rate patterns can signal a need for evaluation or intervention. An investigation may consider whether providers identified bradycardia, prolonged decelerations, or other nonreassuring patterns and escalated care within an appropriate time.
Improper use of labor induction or augmentation tools. Medications like oxytocin or misoprostol require appropriate administration and monitoring. Records may show whether excessive uterine contractions developed and how providers responded.
Delayed decisions for cesarean delivery. Conditions such as umbilical cord prolapse or placental abruption may require urgent delivery. We examine when providers recognized the condition, communicated with the delivery team, and acted on the information available.
Negligent management of maternal health conditions. Conditions like preeclampsia, gestational diabetes, or infections can increase risks for the mother and baby. The review may address whether providers ordered appropriate tests, monitored changes, and treated known complications.
Improper handling of umbilical cord issues. Umbilical cord entanglement, compression, or prolapse can affect oxygen and blood flow. The timing of recognition, escalation, and delivery may be central to the liability analysis.
Communication, staffing, or training failures. Delivery emergencies require coordinated communication and an appropriate response. Medical records, staffing information, hospital policies, and testimony may reveal whether communication or preparedness contributed to a delay.
Delayed neonatal response. We may examine newborn resuscitation, transfer to neonatal intensive care, blood-gas testing, imaging, and evaluation for therapeutic hypothermia. Therapeutic hypothermia is a time-sensitive cooling treatment for certain eligible newborns with moderate-to-severe HIE, but eligibility and treatment decisions belong to treating clinicians.

Determining whether a provider’s conduct fell below the accepted standard of care usually requires a detailed review of records and input from qualified medical professionals. In a San Francisco HIE case, this can involve analyzing how quickly staff responded to changing fetal heart tracings, whether on-call physicians were notified in time, and how hospital policies were applied during the delivery. We then evaluate whether a different response could have prevented or reduced the injury rather than assuming that an unfavorable outcome establishes negligence.

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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 pursue compensation supported by the facts and available evidence, including:

Medical expenses, including hospital stays, medications, surgeries, diagnostic tests, rehabilitation therapies, assistive devices, home modifications, mobility aids, and other forms of ongoing 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

Under California’s Medical Injury Compensation Reform Act, non-economic damages like pain and suffering, emotional distress, and loss of quality of life in a medical-malpractice case are generally subject to a statutory cap that can adjust over time. Economic damages, such as medical expenses and lost income, aren’t subject to that cap. Because these rules can affect the overall value of a claim, we factor them into our case evaluation from the start.

In many HIE cases, a significant portion of the damages evaluation is devoted to planning for your child’s future needs over decades, not just immediate treatment. This can include the cost of in-home caregivers, educational services, transportation to frequent medical appointments, equipment, and therapies available through providers in and around San Francisco. With input from life-care planners, economists, and appropriate medical professionals, we can present evidence of the child’s anticipated care and support needs.

How We Investigate San Francisco HIE Cases

When you contact Peterson Injury Law about a possible HIE claim, our intake process is led by Registered Nurse Kristin Dougherty. Our first priority is to listen and gather a clear picture of what happened during your pregnancy, labor, and delivery, as well as what your child’s doctors have told you since. From there, we obtain medical records, imaging, and fetal monitoring data from the hospitals and clinics that provided care in the San Francisco Bay Area to build a timeline of critical events.

Medical Review & Case Preparation

Because hypoxic-ischemic encephalopathy cases are medically complex, we may coordinate with obstetricians, neonatologists, pediatric neurologists, life-care planners, economists, and other medical or financial professionals as the case requires. The review can address prenatal care, labor management, delivery decisions, neonatal resuscitation, therapeutic hypothermia eligibility, imaging, and follow-up care. We coordinate these efforts and translate technical findings into plain language so you can stay informed about the stage the case is in and what comes next.

If we move forward with a claim, we prepare it as though it could go all the way to trial in California state court, even if it ultimately resolves through negotiation or mediation. That means we conduct thorough discovery, take depositions of the providers and institutions involved, and develop evidence addressing how oxygen deprivation occurred and how it affected your child’s life. We keep you informed about timelines, risks, and important decisions throughout the process.

The appropriate litigation path depends on the providers involved, the care setting, available evidence, and applicable California law. Some claims proceed in court, while contractual or insurance arrangements may require arbitration. Our experience includes claims involving medical institutions, corporate defendants, and Kaiser arbitration systems when those issues apply.

We investigate serious HIE claims through a Registered Nurse-led intake process, detailed medical review, and trial preparation. Call (415) 630-2913 or contact us online today to schedule a free consultation.

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