Anoxic Brain Injury

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Anoxic Brain Injury Lawyer Cleveland, Ohio

Some of the most emotional and heart-wrenching personal injury cases occur when babies have been denied oxygen. These senseless injuries have a life altering impact on not only the victim, but their entire family. When the brain is starved of oxygen, brain damage can occur within minutes and it’s often irreversible.

During pregnancy and delivery, complications may arise from a lack of oxygen to the baby. This is referred to as fetal distress and during labor, it is usually detected with the use of fetal monitoring strips, fetal stethoscopes, and electronic fetal heart monitoring equipment.

Injuries caused by a lack of oxygen are defined as:

  • Anoxic – meaning a total lack of oxygen

  • Hypoxic – indicating a partial lack of oxygen. Anoxic brain injury, cerebral hypoxia, and hypoxic-anoxic injury (HAI) are terms used to describe brain damage caused by oxygen deprivation.

Just 4 minutes of insufficient oxygen can brain cell death, and 5 minutes of deprivation can result in permanent brain damage. This can lead to a wide variety of cognitive and physical disorders.

How An Anoxic Brain Injury May Be Caused

  1. Umbilical Cord Complications: Anoxic brain injury can occur if the umbilical cord becomes compressed or twisted during labor, restricting the baby’s oxygen supply. This may occur due to a tangled cord, cord prolapse (when the cord precedes the baby into the birth canal), or cord compression from the baby’s position. In such cases, the oxygen-rich blood flow to the baby can be compromised, leading to oxygen deprivation and an acquired brain injury.

  2. Prolonged Labor or Fetal Distress: If labor is prolonged, or if the baby shows signs of distress, it can lead to oxygen deprivation and anoxic or hypoxic brain injuries. Prolonged labor may cause the baby’s oxygen supply to decrease, while fetal distress could result from issues like a drop in the baby’s heart rate or irregular heartbeats. Failure to address these situations promptly may result in inadequate oxygen delivery to the brain and subsequent brain injury.

  3. Medication or Anesthesia Complications: The use of certain medications or anesthesia during labor and delivery can impact the baby’s oxygen supply. In some cases, medications may affect the baby’s respiratory or cardiovascular systems, leading to decreased oxygen levels. Anesthesia errors or complications can result in changes in maternal blood pressure or breathing patterns, indirectly affecting oxygen delivery to the baby.

  4. Birth Trauma: Trauma during birth, such as the improper use of delivery instruments such as forceps or vacuum extractors, can lead to an anoxic brain injury. These instruments, when used incorrectly, can cause physical trauma to the baby’s head or brain, potentially disrupting blood flow and oxygen delivery.

  5. Inadequate Monitoring and Response: Failure to monitor the baby’s vital signs during labor, or to promptly respond to signs of distress can contribute to a hypoxic brain injury. Inadequate monitoring means changes in the baby’s heart rate or oxygen levels are not detected in a timely manner, leading to delayed intervention.

We rely heavily on our medical professionals to ensure the birthing process is free from complications. As a Cleveland brain injury lawyer, it’s my job to make sure doctors treat every patient with the best standard of care or they will be subjected to an injury lawsuit. It’s also my job to help you recover damages if your child suffered a brain injury and permanent disability during birth. Call me today, and I’ll Make Them Pay!®

Traumatic Brain Injuries

  1. Cerebral Palsy: Occurs from brain trauma during birth and results in muscle control and movement coordination difficulties. This condition often necessitates mobility aids like wheelchairs, braces or other adaptive devices to help with dressing, eating, and personal hygiene.

  2. Intellectual and Developmental Disabilities: Oxygen deprivation during birth can lead to intellectual and developmental disabilities, causing struggles with learning, memory, and problem-solving. Often times specialized educational support is required, and independent living skills may be limited, necessitating assistance and accommodations for various tasks.

  3. Seizures and Epilepsy: Severe brain injuries can result the potential development of epilepsy due to disrupted brain electrical activity. Seizures vary in frequency and severity can impact daily life by restricting activities such as driving, working, and participating in certain situations without supervision. This requires medication management and lifestyle adjustments.

  4. Sensory Impairments: Oxygen deprivation can lead to sensory impairments like vision or hearing difficulties due to damage to the sensory processing areas in the brain. Such impairments pose challenges in communication, social interactions, and navigating surroundings, requiring assistive devices and alternative communication methods.

  5. Emotional and Behavioral Changes: Brain damage can cause emotional and behavioral changes, including mood swings and difficulty managing emotions. These challenges impact relationships and daily interactions, and often require psychological support, therapy, and coping strategies to navigate effectively.

  6. Memory and Attention Deficits: Anoxic brain injuries can affect memory and attention, resulting in the difficulty to organize thoughts, recall appointments, and stay focused. Strategies such as reminders, routines, and organizational tools are vital to managing daily activities for individuals with these deficits.

  7. Language and Communication Difficulties: Damage to a specific area of the brain can lead to language and communication difficulty, known as aphasia. Expressing thoughts, understanding language, and engaging in conversations become challenging, highlighting the importance of speech therapy and alternative communication methods.

Often times, these life long conditions are the result of medical malpractice brain injuries. If this has happened to you or a loved one, you should call me to file a personal injury claim.

Possible Therapies, Surgeries, and Medical Devices

Physical Therapy:

Physical therapy involves exercises and techniques that enhance muscle strength, coordination, and mobility. This helps individuals with brain injuries improve their motor skills and overall functional abilities.

Occupational Therapy:

Occupational therapy focuses on developing essential life skills such as self-care, fine motor control, and activities of daily living. This therapy enables individuals to regain independence and effectively navigate daily tasks.

Speech Therapy:

This treatment addresses communication and language difficulties. It helps by employing exercises, strategies, and devices to help individuals with brain injuries improve their speech articulation, language comprehension, and expression.

Possible Surgeries:

Orthopedic Surgery:

Orthopedic surgery corrects musculoskeletal issues related to brain injuries, such as contractures or deformities, aiming to improve mobility and alleviate pain.

Epilepsy Surgery:

Epilepsy surgery involves the removal of the seizure-causing brain tissue, or implanting devices such as a vagus nerve stimulator. The goal is to reduce or control seizures to improve quality of life.

Medical Devices:

Wheelchairs and Mobility Aids: Wheelchairs, braces, and mobility aids facilitate movement for individuals with mobility limitations, enhancing accessibility and independence in daily activities.

Communication Devices: Speech-generating devices and augmentative communication tools, assist individuals with language difficulties in expressing themselves effectively and engaging with others.

Hearing Aids: Hearing aids amplify sounds and improve auditory perception, enabling individuals with sensory impairments to better communicate, interact, and engage with their environment.

Assistive Technology: Assistive technology encompasses a range of tools, software, and devices designed to assist individuals with brain injuries. This will aid in tasks such as memory enhancement, organization, and communication, thereby promoting functional independence.

Vagus Nerve Stimulator (VNS): A vagus nerve stimulator is a surgically implanted device that delivers electrical impulses to the brain via the vagus nerve. It can help to control seizures and potentially enhance an individual’s overall quality of life.

Cost of Care


The cost of therapies for patients with brain injuries can vary depending on several factors. Physical therapy, occupational therapy, speech therapy, behavioral therapy, and cognitive rehabilitation are all crucial components of rehabilitation and recovery. The cost of these therapies vary based on the frequency and duration of sessions, the expertise of therapists, and the individual’s specific needs. The financial burden can be substantial, especially when considering the need for ongoing therapy sessions to achieve the best possible outcomes.


Surgical interventions for brain injuries, such as orthopedic procedures to address mobility issues and epilepsy surgery to control seizures, involve complex medical procedures that have a range of costs. Surgical fees, hospital charges, anesthesia, post-operative care, and potential follow-up appointments contribute to the overall expenses. The cost can vary significantly based on the procedure’s complexity, the healthcare facility’s location, and the individual’s unique medical condition.

Medical Devices

Medical devices play a pivotal role in improving the quality of life for individuals with brain injuries, but their costs can present significant financial considerations. Wheelchairs, communication devices, hearing aids, and assistive technology are designed to enhance mobility, communication, and sensory experiences. However, the cost of these devices can range from hundreds to thousands of dollars, depending on factors like technological features, customization, and the specific needs of the individual.

When a child suffers severe brain damage during childbirth, they may suffer for their entire life. To help improve their quality of life, it is very important they get the help they need. If this has happened to your child, I want to be there to help. Your child deserves the best chance to live a happy, healthy life. I will take care of your brain injury case, but you need to call me for a free consultation, and I’ll Make Them Pay!®

Medical Malpractice Insurance

Medical malpractice insurance serves as a crucial protective measure for doctors and healthcare professionals, offering coverage in the event that a patient alleges negligence or harm resulting from medical treatment. This insurance provides financial security to healthcare providers by covering legal costs, settlements, or judgments that might arise from medical malpractice claims.

The primary goal of insurance companies offering medical malpractice coverage is to manage and minimize potential financial liabilities arising from malpractice claims. When a malpractice claim arises, the insurance company’s aim is to investigate the claim, negotiate a settlement, or defend the doctor in court. Settling cases efficiently and for as little as possible is in the interest of insurance companies, as it helps them control costs and maintain profitability.

While the goal of insurance companies is to settle cases with minimal financial impact, patients who have suffered harm due to medical negligence deserve compensation that accurately reflects their losses. This is why you need to call me. As an injury attorney with more than 40 years of experience, I know how to navigate the complex legal landscape of such cases. I work with a team of experts to thoroughly evaluate your claim, gather evidence, consult medical experts, and build a strong case to establish liability and demonstrate the extent of damages.

As your personal injury lawyer, I will take on the insurance company to get your child everything they need to live as normal of a life as possible. It breaks my heart to learn a child has suffered a horrific brain injury. I know you, as the parents, want to give your son or daughter the best life possible. I am here to help you.

If Your Baby Suffered a Traumatic Brain Injury, Call Me!

If indications suggest fetal distress may be occurring, there are ways medical staff can and should intervene.  Actions such as repositioning the mother, administering an oxygen mask, checking for umbilical cord problems, performing an emergency C-section, and ensure nurses are qualified and ready to care for your newborn, can all help prevent injuries to your baby’s delicate brain.

Do you believe your baby’s injury was caused a lack of oxygen, and may have been caused by a medical professional’s neglect? Call me today and we’ll discuss your case. I’ll Make Them Pay!® so your child can receive all of the care and therapies needed to live a productive, full life.


Krystle Banks
Krystle Banks
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Christine Filippelli
Christine Filippelli
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DeAndre Merritt
DeAndre Merritt
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Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.