Therapeutic cooling is the only proven treatment for HIE, and it meaningfully reduces the risk of death and disability when started within 6 hours of birth. But not every baby with a difficult birth qualifies. The decision follows a structured three-tier assessment based on evidence from three large randomized trials (NICHD, TOBY, ICE) and subsequent consensus guidance. For families whose baby was or wasn’t cooled, understanding exactly how the decision was made is central to understanding the NICU course. This guide walks through the criteria, the exclusions, the borderline cases, and the questions to ask when cooling decisions are unclear.
Why Cooling Matters
When a fetus experiences significant oxygen and blood flow deprivation, the initial injury to brain cells is only part of the picture. Over the next several hours after birth, a secondary phase of energy failure develops, driven by oxidative stress, inflammation, and excitotoxic neurotransmitter release. This secondary phase causes substantial additional injury to brain cells that initially survived.
Therapeutic hypothermia works by reducing this secondary injury. Cooling the body to approximately 33.5°C (92.3°F) slows the metabolic rate, reduces the inflammatory cascade, and limits excitotoxicity. The result, demonstrated in multiple randomized trials, is a meaningful reduction in death and disability when cooling is started within 6 hours of the injury.
What the cooling trials actually showed
The numbers from the landmark trials are worth knowing. The NICHD trial (Shankaran et al. 2005) randomized 208 term infants with moderate-to-severe HIE to cooling or standard care. Cooling reduced the combined rate of death or moderate/severe disability at 18 to 22 months from 62% to 44%. The TOBY trial (Azzopardi et al. 2009) enrolled 325 infants and showed similar reductions, particularly in the rate of disability among survivors. The ICE trial (Jacobs et al. 2011) confirmed the effect in an Australia/New Zealand cohort. The 2013 Cochrane meta-analysis combined the evidence and concluded that cooling reduces the risk of death or major neurodevelopmental disability, with a number needed to treat of approximately 7. Follow-up at school age (Azzopardi et al. 2014, NEJM; Shankaran et al. 2012, NEJM) has confirmed the benefits persist into later childhood.
The Three-Tier Eligibility Framework
Most U.S. cooling protocols, consistent with the 2020 ACOG Committee Opinion 808, use a three-tier assessment:
| Tier | What It Assesses | Typical Criteria |
|---|---|---|
| Tier 1 | Evidence of perinatal hypoxic-ischemic event | Cord arterial pH ≤ 7.0, base deficit ≥ 16, OR Apgar ≤ 5 at 10 min, OR ongoing resuscitation at 10 min, OR sentinel event |
| Tier 2 | Moderate-to-severe encephalopathy on neurological exam | Sarnat stage 2 or 3 (seizures, altered consciousness, abnormal tone and reflexes, autonomic dysfunction) |
| Tier 3 (where available) | Abnormal aEEG background | Abnormal pattern for ≥ 30 minutes in the first 6 hours, or clear seizures on aEEG |
A baby meeting Tier 1 and Tier 2 (and Tier 3 if assessed) is typically offered cooling. A baby meeting Tier 1 but not Tier 2 (for example, acidemic but with only mild or no encephalopathy) is usually not cooled. A baby with encephalopathy but no clear perinatal event should also be evaluated for other causes (metabolic, infectious, stroke).
General Qualifying Criteria
Beyond the three-tier assessment, eligibility for standard cooling protocols requires:
- Gestational age 35 weeks or above. Some centers cool late preterm babies (34-35 weeks) on an individualized basis.
- Birth weight 1800g or above.
- Age less than 6 hours at start of cooling. This is the single most important time-sensitive criterion.
- Clinical team able to provide whole-body or head cooling with appropriate monitoring (some centers transfer in-borns to a regional cooling center rapidly to meet the 6-hour window).
Whether cooling was appropriately offered, delayed, or withheld is one of the most common case review questions. We can help you understand what the record shows.

Who Is Typically Excluded From Cooling
Certain clinical situations generally exclude babies from standard cooling protocols:
- Mild HIE (Sarnat stage 1 only). Babies with only mild encephalopathy generally have good outcomes without cooling, and the balance of benefits and risks has not been established. Recent research is examining mild HIE cooling, but it is not yet standard practice.
- Extreme prematurity (below 34-35 weeks). Cooling in preterm infants has not been validated and may cause harm.
- Very low birth weight (below approximately 1800g). Small babies are at increased risk of hypothermia-related complications.
- Major congenital anomalies incompatible with life.
- Severe head trauma or major intracranial hemorrhage.
- Uncontrolled clinically significant bleeding.
- Severe persistent pulmonary hypertension or profound hemodynamic instability that makes cooling unsafe.
- Age beyond 6 hours at assessment (though some centers consider late cooling between 6 and 24 hours for selected babies).
Each individual case is reviewed by the neonatology team, and exclusion is a clinical judgment informed by the baby’s specific situation.
The Borderline Cases
Several clinical scenarios fall into gray zones where cooling decisions are individualized:
How the Sarnat Exam Determines Stage
Sarnat staging is the core of the Tier 2 decision, and it is done by neurological exam, typically in the first hours of life. The neonatologist or pediatric neurologist examines six domains:
| Domain | Mild (Stage 1) | Moderate (Stage 2) | Severe (Stage 3) |
|---|---|---|---|
| Level of consciousness | Hyperalert | Lethargic | Stupor/coma |
| Spontaneous activity | Normal or slightly decreased | Decreased | None |
| Muscle tone | Normal | Mildly hypotonic | Flaccid |
| Posture | Mild distal flexion | Strong distal flexion | Decerebrate |
| Primitive reflexes (suck, Moro) | Exaggerated | Weak | Absent |
| Autonomic function | Dilated pupils, tachycardia | Constricted pupils, bradycardia | Variable, unreactive pupils |
Sarnat stage 2 or 3 in the first hours of life, combined with Tier 1 evidence, is the main indication for cooling. The exam is often repeated over the first 6 hours because encephalopathy can evolve.
When Cooling Decisions Warrant a Case Review
Cooling decisions can be the subject of a legal case review in specific scenarios:
- A baby who met clear criteria was not cooled, often because the team misclassified the encephalopathy as mild or missed the 6-hour window.
- A baby was not transferred promptly from an outside hospital to a cooling center within the window.
- Cord blood gases were not obtained, making it impossible to establish Tier 1 criteria.
- Sarnat staging was not properly documented in the first hours of life.
- Cooling was started but terminated prematurely without clear clinical justification.
- Cooling parameters (temperature, duration) deviated significantly from protocol.
A careful case review examines the complete NICU record: cord gases, Apgar scores, serial neurological exams, aEEG findings, transfer timeline, cooling initiation and completion times, and the neurological outcome. These documents together determine whether the cooling decision met the standard of care.
What parents can do during the decision window
Most cooling decisions happen within the first hours of life when parents are still processing the birth and may not feel positioned to advocate. A few things are worth doing anyway: ask directly whether your baby is being evaluated for cooling and why or why not. Ask what Sarnat stage has been documented and at what time. Ask whether aEEG is being considered if the encephalopathy assessment is borderline. If your baby was born at a hospital that does not offer cooling, ask whether transfer to a cooling center was considered and when, and ask about passive cooling during transport. Write down the answers with times. These early conversations are often incompletely recorded in the chart, and your contemporaneous notes can be the clearest record of what was said and when.
The 6-hour window and the decision to cool are both places where care can fall short. We can help you understand what the record shows.




Related reading for parents
- The 6-hour window for HIE cooling: why timing is everything
- Cord blood gas results explained: pH, base deficit, and what they mean for HIE
- Neonatal encephalopathy vs HIE: understanding the terminology doctors use
- What is aEEG? Continuous brain monitoring in the NICU explained for parents
- When should an MRI be done after HIE? Timing, types, and what each shows
Our team helps families in 38 states understand whether cooling was appropriately offered and delivered. No cost. Answers first.