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How Can a San Diego Anoxic Brain Injury Lawyer Improve Your Quality of Life?

Choose a Firm That Was Created to Advocate for Victims.

Vaage Law > Practice Areas > San Diego Anoxic Brain Injury Attorney

Anoxic brain injuries are caused when a brain is denied oxygen—the damage done is immediate and profound. Who can be held liable for such injuries? How can a lawyer help your family after such a horrifying tragedy?

Brain injuries fall into three categories: anoxic/hypoxic, traumatic, and metabolic/toxic. This page focuses on anoxic/hypoxic brain injuries, where the brain is deprived of oxygen. 

Anoxic brain injuries can happen due to birth injuries, catastrophic accidents, or medical malpractice. Here are some examples of causes of anoxic brain injuries: During birth/delivery, an umbilical cord can become compressed or wrapped around the neck, depriving the baby of oxygenated blood to the brain. In a roll-over vehicle case, a victim can be trapped under the vehicle causing loss of blood flow to the brain. In a medical malpractice case, a patient’s airway may be compromised or not properly monitored. 

Brain injuries rob a person of who they are and the life they were meant to lead. That is why an anoxic brain injury is so devastating. An experienced law firm like Vaage Law will identify the nature and extent of the brain injury, the cause/negligence, and, more importantly, the amount of past and future care, harms, and losses, that will help the victim lead the best possible life. While a lawsuit may not be able to return brain injured victims and their families to their pre-injury life, it can provide financial security and access to the best possible care.

Brain injury cases require a variety of very specialized experts. In one of our anoxic brain injury cases involving a displaced breathing tube, Vaage Law retained experts in nursing, critical care, surgery, neurology, neuropsychology, life care planning, rehabilitation/physical medicine, and an economist. 

At Vaage Law, we are dedicated to improving the lives of the injured however possible, which includes supporting the families who love and care for them after profound injuries. 

Contact us online or by calling our offices in San Diego, California at (619) 338-0505 to discuss possible representation right away. For more information on the common causes and costs of oxygen deprivation injuries, read on.

Hear one of our clients talk about her son’s anoxic brain injury case:

Mother talks about her son’s anoxic brain injury case.

What Kind of Settlement Can a San Diego Anoxic Brain Injury Attorney Help You Secure?

A San Diego anoxic brain injury lawyer can help you secure real benefits like personal economic security and the sense of closure that justice can bring. Settlements or damages awards may include coverage of:

  • Medical bills (past and future) related to treatment and the long-term care often required for brain injury patients
  • Lost wages, employment, or job-related benefits like health insurance—a category especially important when children lose a lifetime of potential earnings, or when a family loses their main breadwinner
  • Pain and suffering related to the physical, mental, and emotional trauma suffered by the injured party and the impacted family members
  • Punitive damages, aka “punishment” fees that may be charged to the other party by a judge if your injury was caused by malice, oppression, or fraud
  • Wrongful death damages in cases where an anoxic brain injury causes or contributes to your loved one’s untimely death

When faced with an injury as life-altering as a traumatic brain injury, it’s understandable that a lawsuit is not your first priority. However, there are two important factors to keep in mind.

First, the work of a lawsuit is your lawyer’s job, not yours—we gather evidence and information, we engage in any negotiation process, and we meet all the deadlines required on your behalf. Second, those deadlines may be closer than you think, and if the “statute of limitations” or deadline to initiate a lawsuit or action runs out, you could miss your chance for justice permanently.

Reach out to Vaage Law at (619) 338-0505 right away—let us meet the deadlines of your case so that you can focus on healing and rebuilding your life in peace.

Is It Possible to Recover From an Anoxic Brain Injury?

In some cases, yes, those with mild anoxic (absence of oxygen) or hypoxic (low levels of oxygen) brain injuries are able to make significant recovery. A lot depends on the length of time the brain is deprived of oxygen.

According to The Shepherd Center, which specializes in brain, stroke, spinal cord, and other neuromuscular conditions, full recoveries from severe anoxic or hypoxic brain injuries are rare. The severity of damage and the types of symptoms a person exhibits depends on the area of brain that was affected by lack of oxygen. Those damages and their recovery needs are unique in every patient.

The important factor is immediate and sustained healthcare. In the United States, the quality of your care is greatly influenced by whether you have the funds to access specialists. A lawsuit can help you seek compensation equivalent to your losses and your needs, which means filing your claim promptly may directly increase your loved one’s chance for a better recovery.

A young father holds his newborn infant while the mother stands close and kisses her baby’s head.

Do Anoxic Brain Injuries Get Worse Over Time?

Unfortunately, yes, many brain injuries and their debilitating symptoms worsen over time. The long-term effects of anoxic brain injuries include “chronic consequences” like:

  • Seizures
  • Apoptosis (cell death)
  • Inflammatory events
  • Demyelination (the unsheathing of nerves which causes numbness, blurred vision, memory loss)
  • Decreased neurogenesis (new neuron formation)

These secondary complications must be guarded against with regular therapy and stimulation of the brain. Your loved one’s ability to access such treatments helps them maintain the capabilities they still have, and provides the baseline of care needed to support any future gains or improvement. 

A brain injury lawsuit can help you access the resources you need to prevent worsening symptoms. Call Vaage Law at (619) 338-0505 to explore your legal options.

What Are the Chances of Surviving an Anoxic Brain Injury?

Chances of survival after anoxic brain injury depend on how long the brain was without oxygen, which often depends on the cause of the deprivation. 

Some of the negligent circumstances that can cause anoxic brain injuries include:

  • Drownings
  • Birthing complications
  • Misdiagnosed transient ischemic attacks (TIA – mini-strokes)
  • Misdiagnosed and delayed treatment of strokes and their causes
  • Ventilator/airway problems
  • Negligent monitoring by nurses
  • Sepsis or a massive infection causing the heart to stop
  • Failure to diagnose a heart attack
  • Anesthesia negligence


If you or a loved one believes they have sustained an anoxic brain injury due to the negligence of another, trust our experienced brain injury lawyers to help determine all who are liable. This could include individuals, hospitals, companies, manufacturers of defective products, or those who operate public premises (like community swimming pools).

By identifying all responsible parties, we find every opportunity for compensation. By maximizing your reward, you gain the strongest possible foundation from which to care for yourself and your loved one going forward.

Contact Attorneys for Anoxic Brain Injury Lawsuits

The human brain, though encased in a strong, protective skull, can nevertheless be severely injured when there is a lack of blood flow or oxygen. Depending on the severity of the injury, consequences can range from subtle memory problems to an inability to care for oneself (feed, bathe, clothe). Those care needs deserve to be fully met, and a lawsuit can help you access the funds for such long-term care.

It’s also important to remember that the brain is incredibly resilient, and in some cases, dedicated care can lead to a significant recovery after an anoxic brain injury. By choosing to file a lawsuit, you could open the door to real hope starting today.

Vaage Law was founded by Robert Vaage, who has decades of experience in personal injury law. Our offices have a proven track record of successful case results due in part to our network of specialized experts, and our intricate understanding of the law related to brain injuries and long-term care needs.

Do not wait to contact us—we can be reached right away at (619) 338-0505. One phone call can quickly remove the burden of worry from your shoulders, and start the ball rolling towards tangible improvements to your life and the dignity and comfort of your loved one.


Anoxic Brain Injury FAQs

What experts can Vaage Law provide for my case?

Proving the cause of an anoxic brain injury, and the extent of the impact of injury on the patient, requires highly specialized experts. 

Your case may need neurologists and neuroradiologists to determine the location and extent of the injury. Physiatrists (physical rehab specialists) can help determine your future care needs, and economists can accurately calculate the cost of that future care. These experts strengthen our legal negotiations for a robust settlement, or allow a judge to reward the necessary compensation at trial.

What is the difference between anoxic and hypoxic brain injury?

“Anoxia” is a total absence of oxygen, while “hypoxia” is an insufficient amount of oxygen. For injury examples, drowning can result in anoxic injuries, because when submerged, a person has zero access to air and oxygen. A hypoxic brain injury could happen during a stroke, when oxygen to the brain is severely limited enough to cause harm.

Individual brain cells begin dying after 1 minute without oxygen, and permanent brain damage begins to occur after 4 minutes.

How is negligence proven in anoxic brain injury cases?

The proof of negligence rests in four Ds. The first is duty of care owed from one person to another (doctor to patient, landlord to tenant, caretaker to child). The second involves dereliction of duty by failing to obey established safety protocols or render timely aid. Third, a direct link must be established between the above failure and the injuries caused. The fourth involves calculating the damages suffered in losses, costs, and anguish.

How long do I have to file a San Diego anoxic brain injury lawsuit?

In California, the statute of limitations for brain injury cases, including anoxic brain injury claims, is 2 years from the date of the injury. However, that window may be shorter for brain injuries resulting from medical malpractice.

Contact Vaage Law right away at (619) 338-0505 so we can make sure your claim is filed before your window for justice closes.

To learn about your options and rights as an injured victim, please contact our office as soon as possible.




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