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TBI or not. Our daughter was brain injured at birth. Fetal distress and delivered vaginally instead of C section. Anoxic, took several minutes for nurses to establish breathing. Six hours after birth she developed seizures and had to be taken by air to another hospital in another state. Spent two weeks in NICU. There are other 'reasons' for the injury but to long to explain. To this day she has very limited speech, cannot tell time, no concept of danger. She lives in a wonderful group home. She is 38. She has sudden outbursts, lashes out at her house mates, sometimes hits others or will throw things. Also has bouts of crying or laughing for no reason. She is on seizure meds and psychotherapy meds. Her brain damage is such that most of her left brain does not exist and her right brain has some damage. The state does not consider her brain damaged, saying the injury must have occurred 72 hours after birth. So, TBI or not?