Birth Asphyxia Attorney in Michigan

Experienced Birth Injury Attorneys Ready to Fight for Your Family

Perinatal asphyxia, also called birth asphyxia, occurs when a newborn doesn’t receive an adequate oxygen supply before, during, or immediately after delivery. Reduced oxygen and blood flow can affect the brain and other organs, and the severity of harm depends on how long oxygen was restricted and how quickly medical staff responded. Not every case stems from a medical error, but delayed recognition of warning signs or an unreasonable delay in performing an emergency C-section can indicate negligence.

We recovered a $4.8 million settlement for a baby who suffered complications from oxygen deprivation caused by a delayed C-section at birth. That result reflects the kind of case we handle and the preparation we bring to it.

Why Michigan Families Choose Grewal Law PLLC

Our medical malpractice and personal injury team is led by attorney Scott Weidenfeller. Scott and our broader team bring preparation and persistence to birth injury cases, reviewing fetal monitoring records, delivery timelines, and the decisions made in the moments that mattered most. Grewal Law PLLC is a family-owned firm whose attorneys share more than 100 years of combined legal experience, with offices in Okemos and Northville serving clients throughout Michigan.

Our firm has recovered more than one billion dollars across landmark settlements, including cases against major institutions. The $4.8 million result for a delayed C-section oxygen-deprivation case reflects what we bring to a perinatal asphyxia claim specifically, not just a general malpractice track record. Past results don’t guarantee future outcomes, but they do reflect how seriously we approach each case.

Causes, Warning Signs, and Long-Term Effects

Several conditions during labor and delivery can restrict a newborn’s oxygen supply. Common contributing factors include umbilical cord complications such as prolapse or compression, placental abruption or placenta previa, prolonged or obstructed labor, and maternal conditions such as preeclampsia. Delayed recognition of fetal distress on monitoring strips and an unreasonable delay in performing an emergency C-section are recurring patterns in perinatal asphyxia malpractice cases.

Medical staff are trained to recognize warning signs in newborns immediately after delivery:

• Low heart rate or absent pulse
• Pale or bluish skin
• Weak muscle tone or poor reflexes
• Breathing difficulty or absence of breathing
• Seizures
• Meconium in the amniotic fluid

When perinatal asphyxia is severe or goes untreated, it can lead to permanent conditions including cerebral palsy, epilepsy, and developmental or learning delays. Some effects don’t become apparent until months or years after birth, which matters when families are trying to understand what happened and whether a legal claim is still possible.

Michigan Filing Deadlines for a Birth Asphyxia Claim

Michigan’s medical malpractice statute of limitations is generally two years from the date of the alleged negligence, or six months from discovery of the injury, whichever is later, with an outer six-year statute of repose (MCL 600.5838a). For children injured at birth, Michigan law typically allows a claim to be filed up until the child’s 10th birthday if the child was under age 8 at the time of the malpractice (MCL 600.5851(7)).

Two procedural requirements apply before a lawsuit can proceed. First, a written Notice of Intent must be served on each potential defendant at least 182 days before the complaint is filed. Second, the complaint must include an affidavit of merit from a qualified health professional confirming a breach in the standard of care and what should have been done differently (MCL 600.2912d). These steps take time, so contacting a birth asphyxia lawyer in Michigan well before the deadline matters.

Compensation in a Michigan Perinatal Asphyxia Case

Michigan caps noneconomic damages such as pain and suffering in medical malpractice cases. For 2026, the standard cap is $596,400, rising to $1,065,000 in cases involving permanently impaired cognitive capacity or paralysis caused by a brain or spinal cord injury (MCL 600.1483). Economic damages, including medical expenses, rehabilitative therapy, and future lost earning capacity, aren’t subject to that cap. Families may also pursue compensation for a parent’s lost wages and out-of-pocket costs tied to a child’s ongoing care.

Cases involving severe injury often call for structured settlements designed to fund long-term care over time. Our firm’s leadership includes an LL.M. in Taxation, which informs how we approach structured settlements and estate considerations when a child’s care needs extend for years or decades.