If your baby developed a pulmonary interstitial emphysema birth injury, often called PIE, you may be wondering whether the care in the delivery room or neonatal intensive care unit (NICU) played a role. Mixan Mahony, LLC helps Illinois families review newborn lung injuries from our Chicago office, at no cost to you. PIE does not always mean someone made a mistake, but when it follows avoidable problems with breathing support, families may have a medical negligence claim under Illinois law.
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What Is Pulmonary Interstitial Emphysema?
Pulmonary interstitial emphysema is a condition in which air escapes from the tiny air sacs of a newborn’s lungs and collects in the surrounding lung tissue. That trapped air can make it harder for the lungs to work and can lead to other air-leak problems, such as a collapsed lung.
PIE is most often discussed in premature infants and in babies who need a breathing machine (mechanical ventilation) shortly after birth. Fragile, underdeveloped lungs can be harmed by pressure or volume that is higher than the baby needs. Not every case of PIE is preventable, and many babies receive careful treatment and still develop lung complications. The legal question is whether the care team followed accepted standards for monitoring and adjusting breathing support.
When a Pulmonary Interstitial Emphysema Birth Injury May Involve Negligence
A medical negligence claim generally asks whether a provider failed to use the care that a reasonably careful provider would use in the same situation, and whether that failure caused harm. In NICU lung cases, the review usually focuses on decisions made in the first hours and days of life. Questions that often come up include:
- Whether ventilator pressure, volume, and oxygen settings were monitored and adjusted as the baby’s condition changed.
- Whether chest X-rays and blood gas results that suggested an air leak were recognized and acted on promptly.
- Whether a premature delivery was managed with the steps and medications that were indicated before birth.
- Whether the baby was transferred to a higher-level NICU when the needs exceeded what the hospital could provide.
- Whether staffing, communication, and handoffs between nurses, respiratory therapists, and physicians were adequate.
How Our Firm Reviews a NICU Lung Injury
We start by listening to your family’s account and collecting the full prenatal, labor and delivery, and NICU records. NICU charts include ventilator flow sheets, respiratory therapy notes, imaging reports, and lab results that show minute-by-minute decisions. We then work with qualified physicians in neonatology and related fields who can explain whether the care met accepted standards and whether a different course would likely have changed the outcome.
Illinois requires a written report from a qualified health professional before or shortly after a medical negligence lawsuit is filed, so this review step is part of building any claim. We explain each stage in plain language and do not move forward without your approval.
Long-Term Effects Families May Face
Some babies recover from PIE without lasting harm. Others may face chronic lung disease, repeated hospital stays, developmental delays, or other complications tied to a difficult NICU course. A claim may seek compensation for medical care, therapy, home equipment, and other future needs, as well as the family’s out-of-pocket costs. Planning for those needs often involves physicians, therapists, and life care planners who can project what care a child may need over time.
Illinois Deadlines and Fault Rules for a Pulmonary Interstitial Emphysema Birth Injury Claim
- Medical negligence: under 735 ILCS 5/13-212(a), a claim generally must be filed within 2 years after the injury was or should have been discovered, and no more than 4 years after the act or omission.
- Children: under 13-212(b), a claim for a person injured as a minor generally must be filed within 8 years after the act or omission, and never after the person’s 22nd birthday.
- Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
- More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
- Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
- Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.
These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.
Compensation Families and Injured People May Seek
In a birth injury claim, damages may include past and future medical care, therapy, equipment, home modifications, and lost earning capacity for the child, as well as costs the family has paid. Illinois law also allows recovery for pain and suffering, disability, and loss of a normal life in appropriate cases.
Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.
What to Do Next
- Request your complete prenatal, labor and delivery, and newborn records.
- Keep a journal of your child’s symptoms, appointments, and therapy.
- Save bills, insurance statements, and correspondence with the hospital.
- Avoid signing releases or statements for a hospital or insurer before talking with a lawyer.
- Call us for a free review.
Related Practice Areas
You may also find these pages helpful:
We also serve clients in communities such as Oak Lawn, Downers Grove, Peoria and Bloomington, Springfield.
We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.
What to Expect When You Call Our Firm
When you contact a pulmonary interstitial emphysema birth injury at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.
After that first call, a pulmonary interstitial emphysema birth injury on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.
Throughout the case, you can expect plain-English updates. Working with a pulmonary interstitial emphysema birth injury does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.
Many people wait to call a pulmonary interstitial emphysema birth injury because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.
Talk With a Pulmonary Interstitial Emphysema Birth Injury at Mixan Mahony, LLC
Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A pulmonary interstitial emphysema birth injury at our firm will listen, explain the law that applies, and outline the next steps without pressure.
- A free first conversation by phone or video.
- Records requests sent directly to providers, agencies, and insurers.
- Electronic signatures for paperwork.
- Updates by phone, email, or text.
Meet the Partners
Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.
No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.
Contact Mixan Mahony, LLC
Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps
We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.
Practice Areas.
Car Accident
Sexual Abuse and Assault
Trucking Accidents
Wrongful Death
Medical Negligence
Uber/Lyft Accidents
Work Injuries
Nursing Home Abuse
Motorcycle Accidents
Pedestrian Accidents
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COMMONLY ASKED
Questions About Pulmonary Interstitial Emphysema Birth Injury Claims
Is pulmonary interstitial emphysema always caused by medical negligence?
No. PIE can occur even with careful treatment, especially in very premature babies. A claim depends on whether the care fell below accepted standards and whether that caused harm, which requires a detailed record review.
How long do we have to file a pulmonary interstitial emphysema birth injury claim in Illinois?
Under 735 ILCS 5/13-212(b), a claim on behalf of a minor generally must be filed within 8 years after the act or omission, and never after the child’s 22nd birthday. Parents’ own claims and other situations may have different deadlines, so ask a lawyer to confirm.
What NICU records should we request?
Ask for the complete prenatal, labor and delivery, and NICU chart, including ventilator flow sheets, respiratory therapy notes, chest imaging, blood gas results, and nursing notes. We can request records for you.
Does a hospital have to tell us if a mistake happened?
Families should not rely on the hospital to identify a mistake. An independent review of the records by qualified physicians is the usual way to answer that question.
Can we bring a claim if our baby was born at one hospital and transferred to another?
Yes, a claim can involve more than one hospital or provider. The review looks at the care at each stage, including the decision about when to transfer.
What does it cost to have Mixan Mahony, LLC review a PIE case?
The consultation is free, and there is no attorney fee unless we recover for you. How case costs are handled is explained in writing in the fee agreement.