Autism from HIE and birth trauma – cold case solved
Autism (or autism spectrum disorder) is a brain disorder characterized by poor social interaction and impaired communication. Also, repetitive behaviors can be a sign of autism. Like its title, children with autism can have a "spectrum" of problems. Moreover, the severity of the problems can range from mild to severe.
The autism community is powerful. Parents of autistic children are some of the most passionate and thoughtful individuals. Their dedication is overwhelming and inspiring.
For a long time, the causes of autism were unknown. However, over the past decade, research has found numerous environmental factors responsible for causing autism (or autism spectrum disorder). For example, birth trauma and hypoxic-ischemic encephalopathy (HIE) can cause autism. This cold case involves a boy with autism.
A difficult delivery leads to HIE
Marcus Fields was born on January 3, 2012. His mother, Rosemary, was in labor for over 31 hours. When she began pushing, Marcus' heart rate dropped. However, the doctors and nurses kept having Rosemary push. The fetal heart rate got worse. Then, Marcus got stuck coming down the birth canal. A shoulder dystocia was encountered. The doctors and nurses used several maneuvers to relieve the shoulder dystocia.
Marcus was finally delivered. Sadly, it took more than 25 minutes to delivery his body after his head got stuck. When he was born, Marcus was not breathing. He was gasping for air. Additionally, his color was pale. The NICU doctors gave him oxygen and then put a breathing tube down his throat.
After being admitted to the NICU, Marcus was diagnosed with hypoxic-ischemic encephalopathy or HIE. He underwent total body cooling. A brain scan at 20 hours of life was normal. Once the cooling period was over, Marcus was rewarmed. Thankfully, an MRI of Marcus' brain was also reported as normal on day of life 10.
Marcus does well at first, but is then diagnosed with autism
Amazingly, Marcus was not diagnosed with cerebral palsy or seizures. These are some of the more serious conditions linked to HIE. In fact, Marcus developed normally through the first two years of life. He met all of his developmental milestones.
Then, a problem became apparent. Marcus' speech was delayed. He said things like "mama" and "dada." But, he did not develop any other speaking skills. A speech therapist diagnosed him with developmental delay.
Next, Marcus started lashing out at his parents. He would bang his head against the floor, and engage in other behaviors to hurt himself. After that, his communication skills suffered too.
Shortly after his third birthday, Marcus was diagnosed with autism spectrum disorder. His parents were devastated.
Naturally, Rosemary, and Marcus' father, James, began asking whether his autism was related to his difficult birth and HIE. Marcus' doctors never seemed to give Rosemary and James a straight answer.
Several lawyers turn down Marcus' birth injury case
Rosemary and James called several lawyers. Because of the autism diagnosis, most of the lawyers did not even investigate the case. Two law firms agreed to investigate. Frustratingly, Both of them turned down the case. The MRI was the reason. Basically, the lawyers said they could not prove that Marcus' injuries were from his birth and HIE because the MRI was reported as normal.
Rosemery and James started to lose hope.
Rosemary and James are told that autism can be caused by HIE
James turned five in January of 2017. In February, James had a visit with a new pediatric neurologist, Dr. Rivers. Rosemary pressed Dr. Rivers on the connection between autism and HIE. Dr. Rivers told Rosemary that there could be a connection. So, Rosemary decided to call another lawyer.
Marcus' case is solved by WVFO
Rosemary did some research and found the law firm of Wais, Vogelstein, Forman & Offutt. WVFO did a statute of limitations analysis and determined a case could still be filed for Marcus. Next, the lawyers began ordering all of the medical records. However, they took a step that the other two law firms did not. They ordered the actual images of the MRI that was reportedly read as normal.
The MRI was sent to a well-respected expert in California. Amazingly, this expert made a stunning discovery. The ten-day MRI had been misread. There were abnormalities in the deep parts of the brain from HIE. WVFO found the missing piece to the puzzle.
Thereafter, the birth injury team at WVFO reached out to experts in autism. They found a pediatric neurology who had researched the connection between HIE and autism. This expert reviewed the records and agreed that Marcus' autism was from his traumatic birth and HIE.
The WVFO team then assembled experts in perinatology, perinatal nursing, neonatology, and other specialties.
In August of 2018, a lawsuit was filed on behalf of Marcus and his parents. The case was litigated for seven months. The Defendants then realized they had a losing case. A multi-million dollar settlement was reached, and Marcus and his family were financially protected for the rest of their lives.
