Los Angeles HIE Lawyers
Trial Lawyers for Children Harmed by Oxygen Deprivation at Birth
During labor and delivery, a baby deprived of oxygen for even a few minutes can suffer permanent brain damage. Hypoxic-ischemic encephalopathy (HIE) is one of the most serious results of that oxygen loss, and in many cases it traces back to a mistake that should never have happened. Peterson Injury Law helps families find out whether their child's HIE was preventable and holds the responsible providers accountable.
Led by trial attorney Erik Peterson, our firm has recovered over $200 million in compensation for clients, including millions for families in complex cases involving preventable birth injuries, brain damage, and HIE. This includes record setting results such as:
- A $17M birth injury settlement for a brain injury that was the largest present-value recovery in California history for a medical malpractice case at the time.
- A $21M jury verdict for a brain injury sustained in a car accident, believed to be the largest net compensatory (non-punitive) award of its type for an individual in California state history.
What Sets Our Practice Apart
- Our founder has secured some of the largest birth injury recoveries in California, including a landmark medical malpractice settlement.
- HIE claims hinge on fetal monitoring strips, cord blood testing, and expert testimony, and we prepare every case to withstand trial.
- A registered nurse with NICU experience on our intake team helps families understand their child's injury from the first call.
These are difficult cases, and the right legal team makes a difference. Call (213) 539-3152 for a FREE consultation about your child's HIE diagnosis.
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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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“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.
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“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.
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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.
What Is Hypoxic-Ischemic Encephalopathy?
HIE is a brain injury caused by a loss of oxygen and blood flow to a newborn's brain around the time of birth. Its severity ranges from mild to severe, and a serious injury can leave a child with lifelong disabilities. The oxygen loss behind HIE often traces to a complication during labor or delivery, including:
- Umbilical cord problems, such as a prolapsed cord or a cord wrapped around the baby's neck
- Placental abruption, when the placenta separates from the uterus too early
- Uterine rupture
- A prolonged, obstructed, or traumatic delivery
- An untreated maternal infection
- A drop in the mother's blood pressure or oxygen levels
Not every case of HIE is preventable. But when the oxygen loss comes from a complication a careful team should have caught and managed, negligence may be to blame.
How HIE Happens and Where Care Breaks Down
In a well-managed delivery, providers watch for signs that a baby is losing oxygen and act before the damage becomes permanent. HIE cases usually involve a breakdown at one of three points.
- Monitoring and recognizing distress. Continuous fetal heart-rate monitoring is meant to reveal when a baby isn't getting enough oxygen. Failing to monitor, misreading the tracing, or ignoring clear warning signs allows a treatable problem to become a lasting injury.
- Acting in time. Once distress is evident, the standard of care often calls for rapid delivery, frequently an emergency C-section. A delay in that decision, or in carrying it out, extends the oxygen loss and can deepen the harm.
- Treating after birth. For eligible full-term or near-term newborns with moderate-to-severe HIE, cooling therapy generally must begin within a narrow window, often within six hours of birth. Failing to identify a candidate for cooling, begin treatment, or transfer the baby in time may support a malpractice claim.
Common Disabilities Linked to HIE
The effects of HIE depend on how severe the oxygen loss was and how quickly it was treated. Children who survive a serious HIE injury may go on to develop:
- Cerebral palsy
- Seizure disorders and epilepsy
- Cognitive and intellectual disabilities
- Developmental and motor delays
- Vision or hearing impairment
- Difficulties with feeding, speech, or behavior
These conditions frequently require a lifetime of therapy, equipment, and specialized care.
What Evidence Can Prove an HIE Case
Succeeding in an HIE case means showing that a provider's error, rather than an unavoidable complication, caused the brain injury. That proof usually comes from the medical record itself:
- Fetal heart-rate monitoring strips showing distress and how the team responded
- Umbilical cord blood gas results documenting oxygen deprivation and acidosis
- Apgar scores and the newborn's condition immediately after birth
- MRI and other imaging identifying the pattern and timing of the brain injury
- The delivery timeline, showing when problems appeared and when the team acted
We work with obstetric, neonatology, and neurology experts to connect these records to the decisions that harmed your child.
Compensation in HIE Cases
A child with HIE-related disabilities may need care for the rest of their life, and a claim is meant to fund it. Compensation can be sought for:
- Past and future medical treatment, surgeries, and therapy
- Assistive equipment, mobility aids, and home modifications
- Special education and long-term or in-home care
- The child's lost future earning capacity
- The child's pain, suffering, and reduced quality of life
California does not cap the economic damages that pay for your child's care, and they are usually the largest part of an HIE recovery. Non-economic damages such as pain and suffering are subject to a limit that rises over time, and we can explain how it would apply to your family's claim.
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Talk to a Los Angeles HIE Attorney
HIE cases are built on evidence that is easiest to secure early, and California sets firm deadlines for filing. A claim on a child's behalf generally must be brought before their eighth birthday, and if the birth took place at a public hospital, a government claim can be due within six months. The sooner we review the records, the more we can do.
We handle HIE claims on contingency, so you pay no legal fees unless we recover for your child. Call (213) 539-3152 or contact us online for a FREE consultation.
