Your guide to hypoxic brain injury claims

For Every Birth. For Every Baby. For Every Family.

What you’ll find in this guide:

• An overview of hypoxic brain injuries and how they occur
• An explanation of hypoxic ischaemic encephalopathy (HIE)
• The symptoms of hypoxic brain injury in newborns
• Treatments for HIE
• Details of hypoxic brain injury compensation, including examples of previous cases
• How to start a hypoxic brain injury claim

Hypoxic brain injuries can occur when a baby is deprived of oxygen before, during, or just after birth, can be devastating for both the newborn and their family.

Our experienced team can help you get the answers and accountability you deserve, while supporting you in securing hypoxic brain injury compensation. This compensation can help fund vital rehabilitation, ongoing care, and any therapies.

It’s important to remember that every case is unique, and consulting with experienced legal professionals can provide clarity and support during difficult times. Don’t hesitate to explore your options and seek the justice and compensation you deserve.

What is a hypoxic brain injury?

A hypoxic brain injury is considered a traumatic brain injury, which occurs when there’s a restriction in oxygen supply to the brain, leading to impairment and eventual death of brain cells.

A child may suffer a hypoxic brain injury at birth if they don’t get enough oxygen and blood flow during birth or shortly after – this is known as hypoxic ischaemic encephalopathy (HIE).

Hypoxic brain injury symptoms  

While some children who experience hypoxic ischaemic encephalopathy as a newborn may go on to have no lasting effects, others develop mild to severe disabilities, and in the most serious cases, HIE can be fatal. The severity of HIE-related complications depends on several factors, including

• How long the brain was deprived of oxygen or blood flow
• How much of the brain is affected
• How well the brain is able to repair itself

Children who suffered HIE may also develop problems with the heart, lungs, kidneys, or liver.

In the moments during or immediately after the injury, a newborn may show symptoms such as:

• Low heart rate
• Breathing difficulties
• High levels of acid in the body (acidosis)
• Seizures or unusual movements
• Stained meconium (the baby’s first stool)
• Low muscle tone
• Blue or very pale skin
• Poor or reduced reflexes

Hypoxic brain injury treatment

Treatment for HIE will depend on the severity of the baby’s condition. For infants with mild HIE (Stage 1), most will recover quickly, but they’ll be closely monitored to check if treatment is needed. If intervention is required, you might be referred for input from professionals such as physiotherapists, occupational therapists, dieticians and speech and language therapy.

For those with moderate to severe HIE (Stages 2 and 3), there is a higher risk of long-term damage to the brain, and in some cases, HIE can be life-threatening.

Treatment often involves therapeutic hypothermia or cooling therapy, which should begin within 6 hours of birth. This treatment can help to slow down the damage to the baby’s brain cells and reduce the extent of any brain injury.

Hypoxic brain injury compensation in the UK 

With decades of experience in complex birth injury claims, our hypoxic brain injury solicitors will work tirelessly to secure the compensation your child and family need for the best possible future.

Hypoxic brain injury compensation will depend on several factors, including the severity of the child’s condition and how it affects their life. When compensation is calculated there are two factors that are considered: general damages and special damages.

General damages refer to compensation awarded in a legal case to compensate for losses such as pain and suffering, emotional distress, or loss of amenity.

Special damages refer to compensation awarded to cover specific financial losses incurred such as rehabilitation costs, property adaptations or alterative accommodation, or other out-of-pocket expenses directly related to your child’s injuries. As well as this, compensation can be awarded for anticipated future costs that the claimant is likely to incur due to their injuries. This may include future medical expenses, ongoing therapy, ongoing care costs, or other foreseeable expenses that arise due to the injury or harm suffered.

How much compensation do you get for a hypoxic brain injury?

When considering compensation, it’s important to note that each hypoxic brain injury claim has its own set circumstances surrounding it, meaning outcomes can vary based on factors such as the severity of the injury. Therefore, it isn’t possible for us to provide a definitive compensation figure.

Your legal team will consider future treatment needs, long-term recovery, ongoing care, and any lasting effects on life expectancy or quality of life when negotiating your compensation claim.

In the past we have successfully handled hypoxic brain injury at birth claims in which compensation settlements have ranged from £30,000 for parents who sadly lost their baby boy after he suffered hypoxic brain injuries, up to £17 million after hypoxic brain injuries left a child with life-changing disabilities such as Cerebral Palsy.

How can I make a hypoxic brain injury claim?

To start a hypoxic brain injury claim, contact Fletchers Solicitors today. Our team is committed to providing expertise, empathy, and dedicated support as we navigate the complexities of your claim together. Rest assured, our initial consultation comes at no cost to you, offering you the chance to discuss your case with our experienced legal professionals and explore your options without any pressure. Reach out to Fletchers Solicitors now and allow us to support you through this challenging time.