Birth injuries are often preventable and can frequently be traced to mistakes by medical providers during labor, delivery, or pregnancy. Each year, thousands of children face serious injuries as a result of medical malpractice. Parents of these children often encounter sudden financial challenges as they work to care for their newborns and meet lifelong needs.
To give your child the best chance for a comfortable life, you may need to pursue a lawsuit against the medical provider or hospital involved in your child’s birth. Howry Breen & Herman, LLP in Austin offers birth injury attorneys who are ready to provide legal guidance in these difficult times. We bring decades of combined trial experience to help calculate your damages, identify every liable party and insurance policy, and pursue the most favorable outcome possible. While we handle your birth injury case, you can place your focus on your child's care and healing process.
Our team builds strategies based on practical experience in Austin courts, where judges and juries regularly consider medical malpractice cases. We apply our knowledge of local procedures to help make the process smoother for your family. Throughout Travis and surrounding counties, parents turn to us for clear communication and guidance at every stage. When your family faces questions about a birth injury, working with attorneys familiar with the Austin area can make a significant difference in your experience and your child's future.
Birth injuries can come in many forms, depending on what the medical provider did that was negligent. For example, injuries to an unborn child can be much different if an obstetrician fails to notice signs of a health complication compared to those caused by a doctor who pulls too roughly on a child during labor.
Two of the most common types of birth injury are:
Cerebral palsy (CP): When an unborn or newborn child is deprived of oxygen, it can cause cerebral palsy. Brain damage from CP lasts a lifetime and can cause an array of difficulties, such as learning difficulties, loss of muscular control, speech impediments, and more.
Brachial plexus and Erb’s palsy: A child who is pulled incorrectly or with too much force during birth can suffer a brachial plexus injury or Erb’s palsy. Both conditions are characterized by damage to the arm, shoulder, and connecting nerves and tendons. Severe cases can cause permanent arm weakness or paralysis.
In addition, some birth injuries develop or become clear in the weeks after delivery. Families might observe feeding problems, unusual muscle tone, or seizures, all of which require medical attention. Other potential claims can include broken bones, facial nerve damage, or respiratory distress caused by delays in intervention. Medical errors such as failing to monitor fetal distress or misusing delivery tools can lead to these outcomes. Acting quickly with the help of a birth injury lawyer Austin families trust can make a difference as you document symptoms and seek protection for your child’s long-term needs.
Complications That Can Cause a Birth Injury
Medical providers must watch for signs of complications and act to prevent injury caused by carelessness. Failing to deliver the same quality of care as another medical professional in similar circumstances may count as medical malpractice, supporting a claim or lawsuit.
Warning signs of birth injuries may include:
Umbilical cord complications: A newborn can suffocate or suffer low blood-oxygen levels if the umbilical cord wraps around the neck during or before labor. Umbilical cord complications are one of the more common causes of cerebral palsy.
Premature labor: A mother who goes into labor weeks or months before the expected delivery date will be in danger of health complications, as will her child. Medical providers must anticipate the high chances of birth injuries suffered by a premature child and take appropriate actions to minimize those injuries.
Detached placenta: If the placenta becomes detached from an unborn child, then an emergency C-section must usually take place within minutes to spare the child from suffering a birth injury, like brain damage due to nutritional and blood-oxygen deficiencies.
Abnormal heart rate: A pregnant woman with an abnormal heart rate or hypertension might be experiencing the first symptoms of an underlying complication that could harm her unborn child. Obstetricians who notice heart rate issues in a pregnant mother must advise appropriate next steps to mitigate further problems.
In Austin and across Texas, healthcare workers must meet legal and professional standards for monitoring and managing birth complications. Local hospitals use emergency protocols, but mistakes or missed warning signs can have lifelong impacts. We help families review actions taken, missed steps, and the context of medical decisions with the support of relevant professionals. Prompt legal action can make the facts clear and increase your family’s confidence as you seek accountability.
Filing a Birth Injury Claim in Austin: What to Expect
When you begin a birth injury claim in Austin, the process often starts with a detailed review of events and careful collection of documentation. Meeting with an attorney early helps determine whether a provider’s conduct harmed your child. In Texas, parents usually have two years from the date they discover the injury to file a claim. Starting the process quickly helps ensure you have every legal option available.
Court systems in Travis and Williamson Counties follow both Texas statutes and local procedures when reviewing these cases. You can expect several phases, such as gathering records, conferring with medical professionals, and possible negotiations with insurance companies. Many parents ask about the timeline or what documentation matters most. By sharing clear, practical guidance at every step, we help Austin families prepare for what lies ahead. When you pursue a birth injury case, clarity and communication can help you move forward during an emotional time.
FAQs
How long do I have to file a birth injury claim in Texas?
Most parents have two years from when they discover the injury to file a birth injury claim, but exceptions can sometimes apply. Act promptly to protect your legal rights and preserve important evidence.
What costs can a birth injury claim address?
Families may seek compensation for medical treatment, therapy, modifications to the home, and ongoing care expenses. You can also pursue support for lost income and specific educational needs tied to your child’s condition.
Do Austin-area birth injury cases go to trial?
Some cases settle through negotiation, while others may go before a judge or jury if no agreement is reached. Your attorney can discuss the options that best fit your circumstances and help you understand each possible route.
Birth Injuries Call for a Lifetime of Compensation
Most children born with birth injuries must manage those complications throughout life. Treatments such as therapy or rehabilitative support can help in certain situations. Unique education programs may bridge some learning gaps that result from a birth injury.
All the specialized care your child needs for comfort and daily life creates significant expenses, both immediate and long-term. Your claim seeks the resources to address these future costs and ease the financial pressures families face as they support their children.
Texas law gives families the right to explore compensation for expenses like medical care, lost wages, and ongoing support needed over a child's lifetime. This may include costs for therapy, adaptive devices, or accessible home modifications. Every family’s needs differ, and our lawyers help you evaluate current and future requirements while preparing your birth injury case. For many in Austin, knowing how available compensation lines up with local healthcare and school resources can influence the best strategies and outcomes.
Ready to Fight for Your Child at a Moment’s Notice
Call (512) 430-4844 whenever you want to speak with an Austin birth injury attorney from our firm. We take pride in prompt and attentive communication, so you never feel overlooked. At Howry, Breen & Herman, LLP, we dedicate ourselves to doing what’s right for children and their families who need support.
Our team’s reputation across Austin and Central Texas comes from decades of helping families through complex situations. Local parents rely on us for legal knowledge and because we work to demystify the legal process. We keep you informed at each stage, so you can make confident choices as your case moves forward. When you contact our attorneys, you connect with professionals who offer practical advice and clear answers about life after a birth injury.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
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We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
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My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
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HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
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Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
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Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
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Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
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Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.