A Florida couple has filed a lawsuit on behalf of their 2-year-old, alleging infant brain damage due to medical negligence during the child’s delivery.

Plaintiffs Chase and Brandy F. say that their their child, identified in the complaint only as W.F., was diagnosed with hypoxic ischemic encephalopathy (HIE), a form of infant brain damage, due to failure on part of medical personnel to provide proper care during the delivery.

Named defendants include Raleigh General Hospital, where the child was delivered, the U.S. Department of Health and Human Services, and 10 medical personnel referred to as “John Does.”

Background of the Case

According to the the complaint, Brandy gave birth to W.F. in June 2016 at Raleigh General. Due to complications during delivery, she says, the infant was transferred to the Neonatal Intensive Care Unit at the University of Virginia’s University Hospital in order to receive specialized care.

The plaintiffs reported that their new infant experienced seizures for a brief period after delivery, but were given reason to believe that their child’s development would develop normally.

This seemed to be the case until the end of December, when the child was not quite six months old. At that time, the parents say they were advised that their child may have suffered infant brain damage because of negligence on part of the delivery room staff.

Over the next few months, medical observations of “delayed milestone(s) in childhood” appeared to confirm the diagnosis, the complaint says. Chase and Brandy now allege that their infant received substandard care at the time of his delivery, resulting in HIE and subsequent brain injury.

What is HIE?

Hypoxic ischemic encephalopathy
is a type of infant brain damage resulting from oxygen deprivation due to lack of blood flow to the brain. It is a generalized term used to describe a number of injuries that can result in injury to the brain.

Once the blood flow is reduced or cut off, brain cells begin to die off, releasing toxins that harm other cells, thus beginning a chain reaction.

For this reason, the effects of HIE may not be immediately apparent. For example, W.F. appeared to be developing normally until six months; an actual diagnosis could not be made until much later, when it became apparent that mobility and the ability to crawl was an issue.

Can Such Infant Brain Damage be Reversed?

HIE can be prevented, provided steps are taken soon after delivery, such as therapeutic hypothermia. According to the complaint, this was done at the Neonatal Intensive Care Unit at UVA, but apparently the treatment was not enough to arrest the process of cell death that resulted in the child’s brain injuries.

Unfortunately, once brain damage has occurred, it is irreversible. There are therapies available that may help, but generally, children who have suffered HIE-related brain damage will require special care for the rest of their lives.

Getting Compensation

Parents who believe their child has suffered infant brain damage because of medical malpractice may be able to bring a lawsuit against those believed to be responsible. Recovery may be available for medical expenses, future loss of earnings and pain and suffering.

Chase and Brandy’s Infant Brain Damage Lawsuit is Case No. 5:19-cv-00046, U.S. District Court for the Southern District of West Virginia.