Hypoxic-Ischemic Encephalopathy (HIE) Birth Injury Lawyer

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

Content last updated on:
November 22, 2024

Home » Florida Medical Malpractice Attorney » Birth Injury Lawyer » Hypoxic-Ischemic Encephalopathy (HIE) Birth Injury Lawyer

Hypoxic-ischemic encephalopathy, or HIE, is a condition resulting from injury to a baby’s brain due to lack of oxygen or blood flow before, during, or shortly after birth. The injury to the brain from lack of oxygen can cause mild to severe disabilities, such as cerebral palsy or even death in some cases. These disabilities often deeply impact the child and their family.

HIE too frequently results from medical malpractice. In such cases, families of infants with HIE-related disabilities may be entitled to pursue justice and compensation. The birth injury attorneys at Freedland Harwin Valori Gander are dedicated to navigating Florida parents through the legal and financial complexities of HIE birth injury cases.

Why Choose FHVG to Handle Your HIE Claim in Florida?

For more than twenty years, FHVG has worked to protect the rights of medical malpractice and birth injury victims in Florida and nationwide. With over $2.6 billion total in settlements and verdicts recovered for our clients, we have the experience, resources, and fortitude to go up against powerful health care providers and major insurance companies.

Our knowledgeable and aggressive Florida medical malpractice attorneys are committed to keeping clients informed and addressing concerns promptly while focusing on care and compassion for clients. We offer a transparent fee structure with a free initial consultation for potential clients to assess the viability of their legal claim.

Meet Our Florida HIE Attorneys

FHVG’s attorneys have been recognized by many organizations, including SuperLawyers, Best Lawyers in America, and the South Florida Legal Guide. Our lawyers have local roots and a deep understanding of South Florida hospital systems. They know the unique challenges parents face when dealing with traumatic birth injuries and are committed to pursuing justice and fighting for just compensation.

Daniel Harwin

As a respected and accomplished trial attorney, Daniel Harwin, Esq., is deeply dedicated to representing victims of medical malpractice and birth injuries. Notably, his proven track record— obtaining $700+ million in verdicts and settlements for his clients—speaks volumes to his exceptional legal prowess.

“Dan Harwin is a top-notch trial lawyer for serious personal injury, wrongful death, and medical malpractice cases. I have known him for over 20 years, and his track record speaks for itself. Highly recommend.” – Harris G.

Deborah J. Gander

Deborah J. Gander has dedicated her career to helping victims receive justice, recovering over $100 million in verdicts and settlements for her clients. Deborah works closely with clients during lengthy and complex cases, developing lasting relationships built on compassion.

“I have had the pleasure of knowing Deborah Gander since 2002. She represented my family after my mother’s unexpected death in May 2002 and quickly became a part of the Dean family. To this day, I have remained in touch and she is very much loved by all of us. Deborah was very professional, yet very caring in her approach with our case. She did an amazing job of walking us through the process and what to/not to expect every step of the way. Deborah was not afraid to answer the tough questions with very detailed answers. I’ve continued to watch her success in the courtroom and she continues to help her clients in the same manner in which she dealt with my family. I am grateful for her and her dedication, effort, time and the countless hours she invested in our case. I would highly recommend the firm of Freedland Harwin Valori Gander to represent you or your family. They are one of the best firms in the business.” – Anthony D.

Michael Freedland

Michael Freeland is the founding partner of Freedland Harwin Valori Gander and has practiced law in South Florida for over 20 years. He is active in the community, advocating for victims’ rights through legislative change. He has recovered more than $100,000,000 on behalf of his clients.

“Michael Freedland is a top-notch attorney who definitely goes to battle for medical injuries. I was amazed at my award and have been able to do wonderful things. Thank you so much. I can’t leave out his caring and helping team. I would definitely recommend Freedland Harwin Valori Gander.” – Sandi C.

Our Notable HIE Birth Injury Results

$4.25 Million settlement on behalf of a child who developed cerebral palsy when his mother was not appropriately monitored before delivery.
$10 Million settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

Hypoxic-Ischemic Encephalopathy & Medical Negligence

HIE occurs when a baby suffers from oxygen deprivation and reduced blood flow to the brain during childbirth. The lack of oxygen for too long causes brain damage, which can result in cerebral palsy and other disabilities. HIE is often preventable with proper medical care and can result from medical negligence. Some causes of HIE associated with medical malpractice include the following:

An unnecessarily extended labor and delivery process
Inadequate fetal monitoring and medical interventions
Inappropriate administration of Pitocin
Failure to diagnose and address issues related to the baby’s lung function and heart rate
Failure to detect or treat an infection during pregnancy
Failure to promptly address placental abruption during childbirth
Failure to detect and manage complications with the umbilical cord
Failure to detect and prevent uterine rupture

What to Expect When You Hire Our Florida HIE Attorneys

When you hire FHVG for your child’s HIE case, our attorneys will work to ease the financial burden a birth injury can create so that you and your family can focus on healing. The following are some of the steps our attorneys will take to build your case:

Comprehensive Case Assessment

First, our attorneys will meet with you for an initial consultation to discuss the details of your case and answer your questions. This assessment may include reviewing medical records, birthing notes, and other relevant documents to understand the timeline and specific events.

Thorough Investigation Process

Our attorneys will conduct an in-depth investigation, including interviewing witnesses, consulting medical experts, and examining all aspects of medical care during childbirth. We will gather and preserve evidence such as electronic fetal monitoring strips, labor and delivery records, and neonatal assessments.

Building a Strong Case with Medical Experts

Next, FHVG will collaborate with experienced pediatric neurologists, obstetricians, and other medical professionals who can offer expert opinions on the prevailing professional standard of care and how it was breached. We will also obtain independent evaluations to establish a direct link between medical negligence and the HIE diagnosis.

Developing a Customized Legal Strategy

Your attorney will then tailor the legal approach to your case to Florida’s birth injury laws, accounting for specific statutes, such as the statute of limitations and damage caps. They will also determine the optimal course of action, whether negotiating a settlement or pursuing litigation, based on the unique circumstances of your case.

Handling All Communication and Legal Procedures

Throughout the legal process, your attorney will act as your primary point of contact, communicating with insurance companies, medical providers, and opposing counsel. They will also prepare and file all necessary legal documents and keep you informed of any updates or developments.

Negotiation and Settlement Discussions

FHVG will then conduct settlement negotiations with medical providers and insurers, aiming to secure fair compensation for medical expenses, rehabilitation, long-term care, and other related costs. Our firm’s reputation and experience provide significant leverage to obtain the most favorable settlement terms for you.

Litigation and Trial Representation

If the case goes to trial, FHVG’s skilled trial lawyers will advocate for you and present evidence, expert testimony, and arguments before a Florida judge and jury. Our attorneys have extensive experience dealing with local courts, such as those in Miami-Dade County, Broward County, and Palm Beach County, which can streamline the litigation process. We will prepare witnesses and cross-examine opposing experts to build a compelling case for you in court.

What Compensation is Available in Florida HIE Cases?

In an HIE case, you may be able to recover compensation for immediate medical expenses, ongoing treatments, therapy, and specialized care needed due to your child’s injuries from HIE. Additionally, you may be eligible for compensation for the emotional and physical hardship your child and your family may face due to their injury and any wages you may have lost due to taking time off work to care for your child. Damages may also be available for the child’s future loss of earning capacity and opportunities due to HIE-related disabilities.

When determining the value of an HIE case, the FHVG team considers the expenses associated with top Florida treatment centers like Nicklaus Children’s Hospital in Miami—formerly known as Miami Children’s Hospital—and Shands Children’s Hospital in Gainesville, ensuring that current and future medical needs are fully addressed. We focus on securing fair damages that reflect the impact of HIE-related injuries on the family’s quality of life.

Florida Statute of Limitations for HIE Birth Injury Claims

In Florida, the law generally provides a two-year statute of limitations for medical malpractice cases, beginning when the injury is discovered. However, there is a maximum timeframe of four years for filing a medical malpractice claim in Florida, even if the injury is discovered later than that.

However, under a Florida measure known as Tony’s Law, most Florida medical malpractice lawsuits brought on behalf of children with birth injuries may be filed any time before the child’s eighth birthday.

An attorney can determine the deadline for your case and ensure that you file with time to spare.

Seek Help from a Florida HIE Lawyer Now

Our attorneys at FHVG are passionate and aggressive trial lawyers who employ all available resources to pursue maximum recovery. We work tirelessly to achieve justice and fair compensation for victims and their families.

If your child has been diagnosed with HIE, contact FHVG today for a free consultation by calling 954-467-6400 or filling out our online contact form.

free consultation anytime, anywhere.

ALL FIELDS REQUIRED

CASE RESULTS

$24.5 Million

MEDICAL MALPRACTICE

JURY VERDICT

Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.

$12.2 Million

PHARMACEUTICAL LIABILITY

SETTLEMENT

A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.

$10 Million

BIRTH INJURY

SETTLEMENT

A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.

$1.2 Million

MOTOR VEHICLE ACCIDENT

SETTLEMENT

A settlement on behalf of a middle-aged man who was read ended by a waste management truck.

$1.5 Million

NURSING HOME NEGLIGENCE

SETTLEMENT

A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.

TESTIMONIALS

I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.

LARRY

I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.

BILL

For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.

ASHLEY