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HIE and Cerebral Palsy After a Failed VBAC

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When VBAC Failed & Led to HIE and Cerebral Palsy

Understanding Your Baby’s Birth Injury

Brendan Lupetin, Esq.

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Article written by Brendan Lupetin, Esq. Brendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.

Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.

Your baby was supposed to be fine. The pregnancy was healthy. You agreed to try for a vaginal birth after your cesarean because a doctor told you it was a safe choice. Then the delivery turned frightening, and now your child has a diagnosis you had never heard of before. A nurse said the words hypoxic-ischemic encephalopathy. Someone mentioned cerebral palsy. Your world has narrowed to one question. What happened to my baby?

If this sounds eerily familiar, then this article is written for you. It explains how a trial of labor after cesarean can lead to a brain injury, what doctors are supposed to do to prevent it, and how a family can find out whether the injury could have been avoided.

What HIE means

HIE stands for hypoxic-ischemic encephalopathy. The words are technical, but the idea is not. Hypoxic means too little oxygen. Ischemic means too little blood flow. Encephalopathy means a brain that is not working as it should. Put together, HIE is brain damage caused by a loss of oxygen and blood flow around the time of birth.

The newborn brain is fragile. When the oxygen supply is cut off, brain cells begin to die. The damage is not always over when the oxygen returns. Doctors describe the injury as happening in two waves. The first wave is the oxygen loss itself. The second wave comes hours later, as the brain reacts to the return of blood flow. This is why the first hours after birth matter so much.

How HIE leads to cerebral palsy

Cerebral palsy is a group of conditions that affect movement, posture, and muscle control. It is caused by damage to the developing brain. HIE is one well-recognized cause.

Researchers estimate that a meaningful share of cerebral palsy in full-term and near-term babies traces back to a loss of oxygen around the time of birth. Not every child with HIE will develop cerebral palsy. But for many families, the path runs from a difficult delivery, to a diagnosis of HIE in the first days of life, to a later diagnosis of cerebral palsy and related conditions such as seizures and developmental delay.

In our experience, the full picture of a child’s injury is often not clear at birth. A baby may look stable in the first hours and still go on to face serious, lifelong challenges. That delay is one reason families are sometimes told too early that everything is fine.

On a related note, we are often contacted by families who just experienced a traumatic birth.  We always counsel our birth injury clients that we have to wait until age 2- 3 before we can have a clear picture of the baby’s deficits and prognosis.

Why a trial of labor after cesarean carries this risk

A trial of labor after cesarean, often called TOLAC, is an attempt to deliver vaginally after a prior C-section. For many women it is a reasonable and safe choice. But it carries one specific danger that an ordinary labor does not. The old cesarean scar on the uterus can tear during labor. This is a uterine rupture.

When the uterus ruptures, the baby can lose its oxygen supply within minutes. The placenta can pull away. The baby can be pushed out of the uterus. Medical sources list uterine rupture alongside placental abruption and cord problems as a recognized cause of the kind of oxygen loss that produces HIE.

This is the heart of the matter. The reason a trial of labor must be managed so carefully is that the known complication, a rupture, is also a known cause of brain injury. A foreseeable risk demands a real plan.

What good care looks like

Preventing an HIE injury during a trial of labor is about speed and attention. ACOG advises that a trial of labor after cesarean be conducted where an emergency cesarean can be performed quickly, and that the baby be continuously monitored throughout labor.

Continuous fetal monitoring is the warning system. A sudden drop in the baby’s heart rate is the most common early sign that something has gone wrong. When the team sees that sign and responds at once, the baby can often be delivered before lasting harm is done. When the sign is missed, or the response is slow, the oxygen loss continues.

There is also a treatment that can limit the damage after birth. It is called therapeutic hypothermia, or cooling. The baby’s body temperature is carefully lowered for a set period to target that damaging second wave of injury. But it has a strict window. It generally must begin within about six hours of birth to do the most good. A hospital that fails to recognize HIE and start cooling in time can deepen an injury that treatment might have softened.

Where care goes wrong

In birth injury cases involving a trial of labor, we look for the points where the chain of care broke. Was the mother a good candidate for a trial of labor at all? Was the fetal monitor watched by someone qualified to read it? How long did it take from the first warning sign to the delivery of the baby? After birth, did the staff recognize the signs of HIE and start cooling within the treatment window?

A healthy, full-term baby does not usually suffer a brain injury during labor without a reason. When it happens, the cause is often a warning that was visible and a response that was too slow.

Frequently Asked Questions

Cerebral palsy has many causes, and not every case comes from a birth injury. That is a fair point, and an honest review has to consider it. But it is also a question that can be answered. The medical records, the fetal monitor strips, the cord blood gas results, and the baby’s MRI often point to when and how the injury occurred. We work with specialists who can analyze that evidence. A careful review can tell you whether the timing fits an injury during labor.

Yes, it is possible. Brain injury from HIE is an evolving process. The damage can continue to develop in the hours and days after birth, and the full extent of a child’s injuries is often not visible right away. A baby who seemed stable in the first hours can still go on to face serious challenges. The early picture does not rule out a birth-related injury.

It is not too early, and reaching out does not commit you to anything. Pennsylvania sets deadlines for bringing a claim, and the rules for an injured child differ from those for an adult. Records are also most complete when memories are fresh. A short, free conversation lets you focus on your child while we begin to understand what happened. There is no fee unless we recover for your family.

How Lupetin & Unatin can help

At Lupetin & Unatin, we focus on catastrophic birth injury and medical malpractice cases in Western Pennsylvania. Attorney Brendan Lupetin and attorney Greg Unatin keep the firm’s caseload small so that families work directly with a partner who knows their case in detail.

Our firm has recovered record verdicts and settlements in catastrophic injury and medical malpractice cases, and we bring that experience to every birth injury matter we take.

An HIE case is built from the medical records, the fetal monitor strips, the nursing notes, and the testimony of the people who were in the delivery room. We work with neonatologists, maternal-fetal medicine specialists, and life-care planners who can explain what went wrong and what your child will need over a lifetime. The cost of raising a child with cerebral palsy is enormous. Our job is to make sure your family is not left to carry that cost alone when a preventable error caused the harm.

Talk to a Pittsburgh Birth Injury Attorney

If your baby or your family was harmed during a trial of labor after cesarean, the attorneys at Lupetin & Unatin, LLC are here to help you find answers. We offer free, confidential consultations, and we handle medical malpractice and birth injury cases on a contingent fee basis. You pay no attorney fee unless we recover compensation for you.

It is important not to delay. Pennsylvania law limits the time you have to file a claim.

This article is provided for general informational purposes and is not legal or medical advice. Reading it does not create an attorney-client relationship. Every case is different. If you have questions about your own situation, speak with a qualified attorney.

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