Herpes Encephalitis Claims

Our medical malpractice lawyers handles all types of medical malpractice claims in Maryland. Among these malpractice lawsuits are claims for birth injuries from herpes encephalitis.

Herpes encephalitis is a consequence of herpes simplex virus, a viral infection.  In older children and adults, herpes encephalitis is caused by the herpes simplex virus type 1 (HSV-1) and in neonates by the herpes simplex virus type 2 (HSV-2).  Herpes encephalitis is rare, but has a high rate of mortality.  It is reported to occur in 1 out of 1 million people worldwide annually, though incidence may be higher as cases may be under reported.  If herpes encephalitis is left untreated, the rate of death is approximately 70% of patients.  Only a small proportion of patients will return to normality.  Children and adolescents account for approximately 33% of all cases of HSE. Herpes encephalitis in infants is usually contracted via fetal intrapartum contact with genital HSV infection (85% of cases). Outcomes are significantly improved with effective antiviral therapy.  Unfortunately early diagnosis and as a result prompt treatment is difficult as the viral infection presents similar to other central nervous system disorders. 

Symptoms of herpes encephalitis usually present between four to eleven days after the baby was delivered. The virus progresses rapidly and death occurs within 10 to 14 days if left untreated.  Long term brain injuries are common in those that survive.  The disease is preventable if diagnosed and treated early. Acyclovir, and anti-viral, is usually prescribed for treatment.  Medical malpractice lawsuits involving herpes encephalitis typically stem from failure to diagnose and treat the disease in a timely manner.

 Though the exact pathology of herpes encephalitis is not fully understood, in many cases in children over the age of 3 and adults, brain lesions occur on the temporal lobe and frontal lobes and sometimes on the parietal lobe.  However, in neonates the lesions are generalized. 
Diagnosis is usually made by positive cerbrospinal fluid (CSF) viral cultures, positive immunolobulin G against herpes simplex virus from neonatal blood or positive polymerase chain reaction (PCR) for herpes simplex virus from CSF.

Doctors treating infants have to look for the subtle clues of herpes encephalitis in order to promptly diagnose and initiate treatment in newborns, such as:

  • vomiting
  • lack of energy
  • lack of appetite
  • a full or bulging soft spot
  • crying in an infant that cannot be soothed and may get worse when the child it picked up or handled
  • body stiffness

HSV encephalitis most commonly presents with seizures, lethargy (fatigue/lack of energy), lack of appetite/poor feeding habits, fever, full or bulging soft spot, body stiffness and/or crying in an infant that cannot be soothed and may get worse when the child it picked up or handled.

Getting a Lawyer for Your and Your Child  

Clearly, not every herpes encephalitis brain injury case is caused by medical malpractice. But some are. If you suspect that your child has suffered a brain injury from herpes encephalitis and has suffered injury or death as the result of the failure of a doctor to treat the virus, call our medical malpractice lawyers at 800-553-8082 or get a free, no obligation consultation online.

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