Transcript: A critical issues in birth injury litigation is whether the child was receiving enough oxygen during the labor process. If the child does not receive enough oxygen, we call that hypoxia. Very often, we have to show that the child suffered from not receiving enough oxygen – that is, suffered from hypoxia.
In order to prove that a child’s injures are the result of hypoxia, the child must meet certain medical criteria. And the defendant in almost every case involving a brain injured child, is going to contend that the baby's injures were not the result of hypoxia, but were the result of some problem that is not the defendants fault, whether it be an infection, whether it be a congenital abnormality or genetic abnormality, or just one of those things that happens that’s not anybody’s fault.