Birth Asphyxia Attorneys in Pennsylvania

Ross Feller Casey is one of the leading medical malpractice law firms in Philadelphia and throughout Pennsylvania, having recovered more than $3.5 billion for our clients.

Many of those recoveries involved catastrophic birth injury cases, including birth asphyxia, oxygen deprivation, hypoxic-ischemic encephalopathy (HIE), cerebral palsy, and other preventable neurological injuries.

Some of those multimillion-dollar victories include:

• $45.5 million settlement in a hospital critical care case
• $40.5 million verdict for an infant who sustained brain damage due to medical malpractice
• $32.5 million settlement for obstetric malpractice leading to cerebral palsy
• $29 million recovered in a lawsuit that involved medical negligence that resulted in a baby’s brain injury
• $22 million verdict for a newborn who suffered a brain injury during birth
• $19.5 million recovery for a boy who developed cerebral palsy because of a delayed delivery
• $19.3 million recovery for a newborn who sustained neurological injuries

At Ross Feller Casey, our experienced birth asphyxia attorneys represent families whose children have suffered devastating birth injuries because healthcare providers failed to recognize complications or respond appropriately during labor and delivery. Working alongside our in-house physicians and nationally respected medical experts, we investigate complex birth injury cases to determine whether preventable medical errors contributed to a child's injuries. If you believe your child's birth asphyxia could have been prevented, Ross Feller Casey is prepared to help.

What Is Birth Asphyxia?

Birth asphyxia refers to a condition in which a baby experiences a significant lack of oxygen and, in many cases, reduced blood flow before, during, or immediately after birth. Because oxygen is essential for healthy brain and organ function, severe or prolonged oxygen deprivation can cause serious injury to the brain and other organs.

Birth asphyxia is not a specific disease. Rather, it describes a condition that may result from a variety of complications during pregnancy, labor, delivery, or shortly after birth.

What Causes Birth Asphyxia?

Birth asphyxia can occur for many different reasons, some of which are unavoidable. However, many cases arise when healthcare providers fail to recognize complications or respond quickly enough to protect the baby.

Potential causes include:

• Umbilical cord prolapse
• Umbilical cord compression
• Placental abruption
• Placental insufficiency
• Uterine rupture
• Prolonged labor
• Excessively strong contractions
• Maternal hemorrhage
• Maternal infection
• Preeclampsia or eclampsia
• Delayed delivery despite signs of fetal distress

Because these complications can reduce the baby's oxygen supply, physicians and nurses must carefully monitor both the mother and the baby throughout labor and delivery.

What Are the Signs of Birth Asphyxia?

Healthcare providers look for numerous signs that a baby may be experiencing oxygen deprivation before or immediately after birth.

Before delivery, warning signs may include:

• Abnormal fetal heart rate patterns
• Decreased fetal movement
• Meconium-stained amniotic fluid
• Abnormal contraction patterns
• Signs of fetal distress on electronic monitoring

After delivery, birth asphyxia may be indicated by:

• Difficulty breathing
• Poor muscle tone
• Weak or absent crying
• Low Apgar scores
• Seizures
• Poor responsiveness
• The need for resuscitation
• Evidence of organ dysfunction

Timely recognition and treatment are critical. Delays may significantly increase the risk of permanent injury.

How Is Birth Asphyxia Treated?

When birth asphyxia is suspected, every second counts. Depending on the specific situation, treatments may include:

• Immediate resuscitation
• Assisted ventilation
• Supplemental oxygen
• Therapeutic hypothermia (cooling therapy)
• Seizure management
• Treatment of organ dysfunction
• Being admitted to a neonatal intensive care unit (NICU)

Therapeutic hypothermia has become an important treatment for certain newborns with hypoxic-ischemic encephalopathy (HIE). When started within the appropriate timeframe after birth, cooling therapy may help reduce the extent of brain injury in eligible infants.

Early treatment cannot reverse every injury, but prompt intervention may improve outcomes for some babies.

When Does Birth Asphyxia Result From Medical Malpractice?

Not every case of birth asphyxia results from negligence.

Childbirth is unpredictable, and some complications develop despite appropriate medical care. However, physicians, nurses, and hospitals are expected to recognize developing problems, appropriately monitor the baby, communicate concerns straightaway, and intervene when necessary.

Medical malpractice may occur when healthcare providers fail to:

• Recognize signs of fetal distress.
• Properly interpret fetal heart monitoring.
• Respond quickly to abnormal fetal heart tracings.
• Perform a timely emergency cesarean section.
• Properly manage labor complications.
• Recognize umbilical cord emergencies.
• Respond appropriately to placental complications.
• Provide appropriate neonatal resuscitation.

Whether malpractice occurred depends on the specific facts of each case and whether the healthcare team met the accepted standard of care.

What Injuries Can Birth Asphyxia Cause?

Severe oxygen deprivation can affect nearly every organ in a newborn's body. However, because brain cells are especially sensitive to oxygen loss, permanent neurological injury is often the most devastating consequence.

Birth asphyxia may result in:

• Hypoxic-ischemic encephalopathy (HIE)
• Cerebral palsy
• Developmental delays
• Intellectual disabilities
• Learning difficulties
• Seizure disorders
• Vision or hearing impairments
• Motor and cognitive impairments
• Permanent neurological injury
• Speech and language disorders 
• Behavioral challenges
• Wrongful death

Some children require extensive therapy, specialized schooling services, adaptive equipment, and lifelong medical care.

How Does a Birth Asphyxia Lawyer Investigate These Cases?

Determining whether birth asphyxia resulted from medical negligence requires an extensive review of the medical evidence.

At Ross Feller Casey, our attorneys work closely with obstetricians, neonatologists, pediatric neurologists, neuroradiologists, and other respected medical experts to evaluate every aspect of the pregnancy, labor, delivery, and neonatal care.

The investigation may include reviewing:

• Prenatal medical records
• Labor and delivery records
• Reviewing fetal heart monitor strips minute by minute 
• Nursing documentation
• Physician notes
• Medication administration records
• Operative reports
• Umbilical cord blood gas studies
• Placental pathology
• Neonatal intensive care records
• Brain MRI and other imaging studies
• Neonatal resuscitation records

By carefully reconstructing the events surrounding the birth, our legal and medical teams can determine whether earlier recognition or intervention could have prevented your child's injuries.

Is Birth Asphyxia the Same as HIE?

No. Birth asphyxia describes the lack of oxygen around the time of birth. Hypoxic-ischemic encephalopathy (HIE) is a specific type of brain injury that may result from severe oxygen deprivation.

Can Birth Asphyxia Cause Cerebral Palsy?

Yes. Severe oxygen deprivation during labor or delivery can damage the developing brain and, in some cases, result in cerebral palsy. However, cerebral palsy has many possible causes, and not every child with cerebral palsy experienced birth asphyxia.

How Long Do I Have to File a Birth Injury Lawsuit in Pennsylvania?

Pennsylvania law establishes deadlines for filing medical malpractice claims, but the applicable statute of limitations can vary depending on the circumstances and the age of the injured child. An attorney can evaluate the specific deadlines that apply to your case.

Why Choose Ross Feller Casey?

Birth injury cases are among the most medically complex lawsuits. Choosing the right birth asphyxia law firm can make an important difference.

For more than 20 years, Ross Feller Casey has represented children and families harmed by avoidable medical errors. Our attorneys combine extensive litigation experience with the unique advantage of working alongside our on-staff Ivy League-trained physicians, who help us understand complicated medical issues and identify preventable mistakes.

We know that families facing a birth asphyxia diagnosis are often overwhelmed by medical appointments, uncertainty, and concerns about their child's future. Our goal is to provide answers, compassionate guidance, and aggressive legal representation while pursuing the financial resources your child may need for lifelong care.

If you believe your child's injuries resulted from preventable oxygen deprivation during labor or delivery, speak with an experienced birth asphyxia attorney at Ross Feller Casey.

Our birth asphyxia lawyers handle cases on a contingency fee basis, which means you won’t pay anything until we recover compensation for your family.

Contact Ross Feller Casey today for a free consultation.