Few moments are as heart-wrenching for parents as discovering their newborn has suffered a serious birth injury. If your child was diagnosed with perinatal asphyxia after birth at a hospital in Austin or needed immediate intensive care, you may be feeling overwhelmed and searching for answers and support. There can be uncertainty, sleepless nights, and confusion about how to care for your child and what options are available.
We recognize that no parent imagines facing these circumstances. Many families have been confronted with unfamiliar medical terms or the sudden news that their baby needs urgent attention at facilities such as Dell Children’s Medical Center or St. David’s Medical Center. If you wonder why this happened or if it could have been prevented, you are not alone. At Howry Breen & Herman, LLP, our team has helped families throughout Austin and Central Texas during some of life’s most difficult moments.
Why Parents in Austin Choose Our Birth Asphyxia Lawyers
Choosing a birth asphyxia attorney in Austin after a birth injury is among the most important steps parents can take for their child’s future. In cases involving perinatal asphyxia, families choose us because of our proven results and unwavering commitment to those we represent.
We have recovered hundreds of millions of dollars for clients over the past twenty-five years, including landmark results for families affected by catastrophic injuries. Named partners, such as Sean Breen, have secured record-setting verdicts, including a $53.9 million result for a burn and paralysis case and a $15 million wrongful death judgment—both recognized statewide. These achievements reflect our dedication to demanding accountability from negligent medical providers and our tenacity in court.
Our approach goes beyond legal claims. We assist families in coordinating care after difficult deliveries at Austin hospitals, arrange transportation, and provide step-by-step guidance through the legal process. Our attorneys work on a contingency fee basis—you pay no fees unless we obtain compensation for your family. Howry Breen & Herman, LLP and our attorneys have been recognized by Best Law Firms, Super Lawyers, and The National Trial Lawyers for our service to Texas families.
What to Do If You Suspect Birth Asphyxia Was Preventable
For parents questioning whether perinatal asphyxia was preventable, acting early can help preserve your legal rights and improve your child’s prospects for care and recovery.
Begin with these important steps:
Request all birth-related records and documentation from the hospital or birthing center.
Write down any unusual symptoms, timelines, or comments made by your medical team after delivery.
Consider seeking a second medical opinion if you have doubts about your child’s diagnosis or the circumstances of care.
Avoid signing any releases or discussing fault with insurance companies before consulting an attorney.
Contact a birth asphyxia lawyer Austin families turn to for support, so you don’t lose important rights or miss deadlines.
Howry Breen & Herman, LLP offers confidential consultations tailored to your concerns. We can help you understand your options and work quickly to protect your child’s interests. Texas law places time limits on filing malpractice claims, so prompt action can be critical.
For families facing birth asphyxia, compensation provides more than financial relief—it can be the foundation for long-term care and opportunity. Our attorneys pursue damages to help cover medical bills, therapies, necessary equipment, lost future earnings, and ongoing support for a child with permanent disabilities.
Over two decades, we have helped Texas families achieve significant recoveries, including cases involving birth injuries. These outcomes often cover future care needs and reshape what is possible for children and their families. Our litigation experience means we know how to pursue every avenue for compensation, always guided by best practices in Texas courts and with full consideration of each client’s needs.
Our support does not end when your case concludes. We help families connect with Austin medical and community resources, address life-planning needs, and create a roadmap for moving forward. This ongoing commitment reflects why so many families seeking a birth asphyxia attorney Austin trusts choose Howry Breen & Herman, LLP.
Frequently Asked Questions
How do I know if my child's birth asphyxia was caused by medical mistakes?
The most reliable way to determine if your child’s injury was avoidable is to have an attorney review your medical records and circumstances. Our team evaluates whether hospital staff in Austin followed accepted standards and consults independent experts trained in perinatal care. Sometimes errors are obvious, while other times, our detailed analysis is necessary. We can guide you through this process and help you understand if you have a valid claim.
How long do I have to pursue a birth asphyxia claim in Austin?
Texas generally sets a two-year statute of limitations for medical malpractice cases, including those for birth asphyxia. Cases involving children sometimes have exceptions or additional considerations, depending on the facts. Acting quickly can make a difference because waiting can impact evidence and your child’s rights. We review the specifics for every family and advise on timelines based on your case and where treatment occurred, such as at Seton Medical Center or Del Children's.
What should I bring to my first consultation?
For your first meeting, bring all medical records about your child’s birth and care—including reports from facilities such as St. David’s or Seton, discharge notes, and any written details you kept about symptoms or doctor conversations. Also bring your questions. The more information you share, the better we can understand and evaluate your case from the beginning.
Contact Our Austin Birth Asphyxia Attorneys Today
If you want answers and support to protect your child’s future, we are ready to help. Schedule your free consultation with our birth asphyxia attorneys in Austin and let us show how we can support your family.
There are no fees unless we recover compensation for you. Our attorneys provide hands-on guidance at every step, working to ease your burden and help you focus on your child’s well-being.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
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.
“We were always one step ahead!”
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.
“Best in the Business, Strongly Recommend”
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.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
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)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
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.
Top Attorneys As Published In Texas Monthly
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.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
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.