Click here to Speak with Attorney Now
Call Us Today! 1.555.555.555|

Brain Cooling

Brain Cooling 2016-11-24T16:14:08+00:00


What is Brain Cooling?

For a very long period of time it was thought that there was no real effective treatment for children born with hypoxic ischemic encephalopathy meaning neurological dysfunction in the setting of decreased oxygen and blood flow. Beginning in the late 2000s, around 2009, 2010 studies were performed that looked at the effectiveness of cooling children who are born with hypoxic ischemic encephalopathy or HIE.

Brain Cooling to treat HIE

The studies showed that if a baby is born with HIE and they are passively cooled meaning they are made hypothermic or their temperature is dropped for a period of approximately 60 to 72 hours that it helps decrease the chance of profound neurological problems from what is known as reperfusion injury, and reperfusion injury is a phenomenon whereby once the brain starts functioning again normally and the baby starts physiologically acting normally after a severe lack of oxygen the brain suffers an injury, a secondary injury, and what has been found since 2009 and 2010 is that this type of reperfusion injury can be avoided with brain cooling. Brain cooling is identified as a treatment by using protocols. Many hospitals have very specific protocols in determining who should be cooled and who should not be cooled. Among the items that are examined are things such as evidence of birth asphyxia, which would include an Apgar score meaning a score of how well the baby is doing the first 10 minutes of life.

Another factor is the need for mechanical ventilation or resuscitation at 10 minutes of age, and health care providers also look at what’s called cord blood gasses, which tell you how much acid is in the baby’s blood, and if the acid in the baby’s blood is below certain values then that means that there has likely been HIE or birth asphyxia and a baby who is greater than 36 weeks gestation will then be considered for cooling. The other pathway to be a candidate or to be qualified for cooling is if a newborn has evidence of moderate or severe encephalopathy and that would include evidence of decreased neurological function in the immediate newborn period.

Symptoms of HIE

Those items can include lethargy, decreased level of consciousness, decreased activity, decreased tone, decreased primitive reflexes, such as decreased suck and decreased moro, and healthcare providers can look at the pupils and the gaze of the baby and heart rate and the respirations, and there is a grading system provided by a doctor whose last name is Sarnat. It’s the Sarnat staging system and generally it’s believed that if a baby’s born and there’s evidence of asphyxia and the baby is Sarnat Stage 2 or Sarnat Stage 3 then the baby will be a candidate for cooling.

Where is Brain Cooling done?

Many hospitals do not have the equipment or the capabilities of performing either brain cooling or total body cooling, and so what will happen is many of babies who qualify for cooling will be sent to tertiary facilities for the benefit of cooling, and what those facilities will do is they will passively cool the child even during the transport to the tertiary facility, and they will continue to passively cool for again 60 to 72 hours, and in those time periods they’ll monitor the temperature and they will take scans of the baby’s brain, and what the healthcare providers are looking for is that any injury to the brain that was identified in the first hours of life is not getting worse, and that’s really the goal of cooling to make sure that any injury to the brain from hypoxic ischemic encephalopathy or HIE or decreased lack of blood flow and oxygen is not progressing.


Listen to an audio recording of this information below:

Record Results

$55 Million - Birth Injury
Largest Malpractice Verdict in MD.

$33.5M - Birth Injury
Largest Malpractice Verdict in TN.

$15.5M- Birth Injury
Largest Malpractice Verdict MN.

$21M- Birth Injury
Verdict Maryland.

$15.6M Cerebral Palsy
Verdict Maryland.

$14M- Medical Malpractice
Verdict Maryland.

$9.2M- Birth Injury/CP
Largest Verdict in MN.
(Before we set record above)

$7M- Failure to Diagnose
Verdict Minnesota.

$5.3M- Failure to Diagnose Cancer
Verdict Washington D.C.

$5M- Cerebral Palsy/Birth Injury
Verdict Iowa.

$5M - Cebral Plasy/Birth Injury
Verdict Illinois.

$5M - Birth Injury
Verdict North Carolina

$4.5M - Birth/Brain Injury
Verdict Pennsylvania.

(Show more results)


Accepting Birth Injury/Malpractice cases Nationwide.


Contact Us

Call today for your free
consultation. We can help!

(888) 241-5299


Gary A. Wais, Sr. Partner

Gary is the senior managing partner. Practicing for 30 years, he has dedicated his career to championing the needs of the most seriously injured victims of malpractice. Focusing specifically on birth injury cases, Gary continues to obtain record setting verdicts and settlements in Maryland and Nationwide.

Click here to continue reading.


Kenneth Vogelstein, Sr. Partner

Kenny is a senior partner and a physician. His medical knowledge has proven invaluable in his 25 year practice. Kenny focuses on birth trauma, cerebral palsy and catastrophic malpractice injuries. He has recovered millions in verdicts and settlements on behalf of his seriously injured clients.

Click here to continue reading.


Keith D. Forman, Partner

Keith, a partner, was member of the team that obtained 3 of the 4 largest verdicts in Medical Malpractice history in Maryland, including a $55M verdict and a $21M verdict respectively against two hospitals. A keen and tenacious advocate for his clients, he was invited to join the prestigious Million Dollar Advocates Forum.

Click here to continue reading.


Stephen C. Offutt, Partner

Stephen is one of the Nation's preeminent and seasoned Medical Malpractice trial lawyers. With an extensive record of multi-million dollar verdicts, in 2014 the National Trial Lawyers Association named him one of the Best Trial Lawyers in America following a birth injury verdict for $33.4M. Stephen fights aggressively for seriously injured children nation wide.

Click here to continue reading.


Mary Koch, Partner

Mary will stand & deliver Big for Justice. From her early days as a Federal Prosecutor to large corporate wrong doers, her multi-million verdicts are prolific. Mary won a 34.3M verdict against corporate wrongdoing, one of the Nation's largest in 2010. Mary is tenacious crusader for the rights of injured victims and will fight relentlessly for Justice

Click here to continue reading.

resized-logo-1 Logo1-resized resized-top-attorneys logo2-resized final-logo-resized

"A seriously unbelievable malpractice team. It truly is high-stakes litigation and this is the malpractice dream team you want. They have the knowledge, resources and tenacity to obtain successful results over the long haul and they are clearly not afraid of anybody. Because of their work, our familie's very existence is made possible."
– D.L.

"Reading this firm's lengthly list of verdicts and settlements in medical malpractice and birth injury is what convinced us. We took a lot of time to select the right law firm for our disabled child with serious life time disability and we are glad we did. Our son will have millions in life time needs because of the hospital care and they did not want to listen to us. They can hear us loud and clear now."

– A.J.

"There are no words to begin to explain how grateful we are for what your team has done for our family. I cannot begin to imagine how we would have survived following the negligent care. Your positive encouragement and support was a beacon of light throughout this difficult process. Hearing that eight figure verdict read in court was the sweetest thing I have ever heard. Thank you and Bless you. "

– W.R.

logo-mafj logo-superlawyers logo-ntl logo-aaj logo-mdaf logo-baltimore logo-mmdaf logo-tntl