When the defense is well-funded and unmotivated to accept responsibility, credentials and trial skill matter.
- James Wood is an award-winning trial lawyer who represents injured patients and families in high-stakes claims against hospitals, insurance companies, and corporate defendants. He is dual board certified in Civil Trial Law (National Board of Trial Advocacy) and Personal Injury Trial Law (Texas Board of Legal Specialization)—rare credentials that reflect advanced trial skill and peer-reviewed experience. He leads complex medical cases with the resources and courtroom readiness these claims demand. He has also been recognized by Super Lawyers and holds an AV rating.
- Ty Wood represents people harmed by negligence, including families facing catastrophic birth injuries. He has been recognized by Super Lawyers in Plaintiff’s Medical Malpractice (including recognition in New Mexico and Arizona) and has helped secure significant recoveries for clients, including a $23.8 million jury award for a client severely injured due to a surgical error.
Learn more about our team and what clients say about working with us.
What Is Hypoxic-Ischemic Encephalopathy?
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury caused by insufficient oxygen (hypoxia) and/or reduced blood flow (ischemia) to a newborn’s brain. In severe cases, HIE can result in permanent impairment. In milder cases, children can still face significant long-term needs that only become clearer over time.
A key point in birth injury litigation is timing: When did the oxygen deprivation start, how long did it last, and what did the medical team do—when it mattered? That timeline is often the difference between an unavoidable outcome and a preventable one.
Cerebral Palsy Caused by HIE
Has your child been tested for signs of cerebral palsy? If they were born with HIE, then there could be a significant risk of cerebral palsy, too. Medical experts believe that the leading cause of cerebral palsy is HIE, specifically, the damage caused by oxygen-deprivation linked to HIE.
A pediatrician or child healthcare specialist can look for signs of cerebral palsy in your child, such as:
- Stiff or floppy muscles
- Speech or swallowing difficulties
- Unusual movement or lack of motor control
- Missed developmental milestones
It is not uncommon for HIE and cerebral palsy diagnoses to coexist, and so, when we work on an HIE claim for a client, we also consider if the child might have cerebral palsy. The risk of permanent and disabling health conditions caused by cerebral palsy is high, so legal action may be necessary to pursue the financial stability you need to take care of your child now and far into the future.
Therapeutic Hypothermia (Cooling Therapy) and Early Intervention
For babies with moderate-to-severe HIE, therapeutic hypothermia (cooling therapy) is a widely recognized intervention that can reduce death or severe neurodevelopmental disability when started as soon as possible within the first 6 hours of life.
In an HIE case, lawyers and medical experts often examine:
- Whether the team recognized distress early enough to prevent prolonged deprivation
- Whether the team moved quickly to expedite delivery
- Whether the newborn received appropriate resuscitation and escalation of care
- Whether the baby was transferred appropriately for cooling therapy when indicated
When delays occur at any of these stages, the consequences can be profound.
How Negligence Can Cause HIE During Labor and Delivery
HIE lawsuits are not about perfect outcomes. They’re about avoidable injury. Common categories of negligence in HIE cases include failures to monitor, delays in emergency delivery decisions, medication mismanagement, and other breakdowns in care where poor judgment can have catastrophic consequences.
Failure to Monitor or Correctly Interpret Fetal Distress
Electronic fetal monitoring (EFM) often provides warning signs—sometimes for a meaningful period—before an oxygen-deprivation injury becomes irreversible. Litigation frequently focuses on whether clinicians:
- Missed or misread fetal heart rate patterns
- Failed to escalate care
- Failed to act as distress worsened
Delay in Performing an Emergency C-Section
One of the most common, case-defining issues is delay. This can include delay to call for a physician, delay to decide, delay to mobilize the OR team, or delay to deliver once a decision is made. In HIE cases, “we were preparing” is not a defense if the baby was deteriorating and the team had the ability to deliver sooner.
Mismanagement of Pitocin and Labor Progress
Improper use or monitoring of labor-inducing drugs can create overly frequent contractions that reduce oxygen delivery to the baby. The legal question becomes whether the team recognized the risk pattern and adjusted care appropriately.
Umbilical Cord or Placental Emergencies
HIE can occur when blood flow is disrupted by events such as cord prolapse, cord compression, or placental abruption. These emergencies require rapid recognition and decisive action, not watchful waiting.
Newborn Resuscitation and NICU Escalation Failures
Even after delivery, mistakes can compound harm—delayed resuscitation, failure to stabilize, or failure to arrange timely transfer for appropriate neonatal-level care.
How We Prove an HIE Birth Injury Case
Hospitals rarely admit error in HIE cases. Proving liability requires a disciplined approach:
- Complete medical record reconstruction (prenatal, labor, delivery, NICU)
- Fetal monitoring analysis by qualified experts
- Causation proof (linking the timing/physiology of deprivation to the child’s injury pattern)
- Damages proof through life-care planning, pediatric neurology, therapy needs, and family impact
These cases are expensive to build and hard to try. That’s why firm resources and trial capability matter.
Compensation in HIE Lawsuits
Every HIE case is different, but the categories of damages often include:
- Past and future medical care and therapy
- Assistive technology and home modifications
- In-home care, attendant care, and respite support
- Special education services and developmental supports
- Lost earning capacity (where applicable)
- Pain, suffering, and loss of life enjoyment (as allowed by law)
The goal in these cases is securing the resources your child will need across childhood, adolescence, and adulthood.
Arizona’s Statute of Limitations for HIE Birth Injury Lawsuits
Arizona medical malpractice claims are subject to strict filing deadlines. In general, a claim must be filed within two years of when it accrues under Arizona law. In practice, “accrual” isn’t always as simple as the birth date, especially in birth injury cases where the medical picture evolves, multiple providers were involved, and families receive different explanations over time.
If you suspect negligence played a role in your child’s HIE, it’s smart to speak with a lawyer as soon as possible. Early review gives your legal team time to obtain complete records, consult qualified experts, and protect your claim before deadlines become a problem.
A couple Arizona-specific points families should know:
- General limitations period: Many malpractice claims must be filed within two years of accrual.
- Expert affidavit requirement: Arizona often requires a preliminary expert opinion affidavit in malpractice cases where expert testimony is needed, which means cases typically need expert review early, not at the last minute.
Call For a FREE Consultation: (888) 579-3866
Phoenix-area hospitals and healthcare systems are sophisticated defendants. They have internal risk management teams, defense counsel, and national insurers who treat HIE claims as “bet-the-company” litigation. Families deserve counsel that can match that level of resources and discipline, without losing sight of what the case is really about: a child’s future.
James Wood Law brings trial focus, medical-case infrastructure, and a record of meaningful results to HIE litigation.
Call (888) 579-3866 or contact us online to schedule a free consultation.
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