A birth injury can instantly shatter the future that parents pictured for their newborn.
Brain injuries like hypoxic ischemic encephalopathy (HIE) often have the most devastating effects. A baby’s HIE brain damage at birth can permanently affect their movement, learning, feeding, breathing, and overall childhood development.
In an area as densely populated as Houston, doctors deliver nearly seven babies every hour. Many families from smaller surrounding cities will travel to Houston to deliver. With a birth volume this high, even a tiny percentage of medical errors can forever change hundreds of lives.
Every medical professional in the delivery room needs to understand the risks that come with each mother’s labor. It only takes a few minutes without steady oxygen or blood flow to expose a baby’s brain to life changing harm.
Obstetricians, delivery nurses, and midwives all have a duty to protect their patients from harm. When they fail to uphold this standard of care, families can end up paying the ultimate price.
Miller Weisbrod Olesky's Houston HIE Birth Injury Lawyers are committed to holding negligent healthcare providers responsible for their acts of birth injury malpractice. We believe that families shouldn’t have to cover the costs for specialist visits, therapies, medical procedures, and other significant expenses.
If you suspect your child suffered permanent brain damage because of birth injury negligence, please know legal help is available. One of our local Houston HIE Birth Injury Lawyers can take your call today to assess the strength of your claim.
When your child has severe brain damage from HIE, it can feel like no one else in the world understands. But Miller Weisbrod Olesky’s Houston HIE Birth Injury Lawyers have been helping families like yours for over 40 years.
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We know how intimidating and overwhelming the legal process can feel, especially when your baby needs help today. We are here to listen, provide a shoulder to cry on, then help your family get the justice you deserve.
Over four decades, Miller Weisbrod Olesky’s birth injury team has fought relentlessly on behalf of birth injury medical malpractice victims. We have offices directly in Houston and have experience representing families in surrounding areas throughout the metroplex.
Our firm invests in a dedicated nursing and medical research division to assist with all cases we handle. They work alongside our Houston HIE Birth Injury Lawyers to represent you and uncover negligent medical errors. Your team will not only consist of attorneys, but also nursing staff, nursing advocates, and experienced medical experts.
Your team will keep in close contact throughout the case, providing important updates and checking in on your child’s status. We also assist with your family’s day-to-day needs as litigation progresses. This includes scheduling specialists’ appointments, ordering medical records, providing transportation and lodging, and much more.
You receive these benefits on a contingency fee basis. This means you do not owe us a single dollar until after we secure compensation for your family. We only receive payment after you do, and we will never charge families expenses for cases we don’t win.
The Houston HIE Birth Injury Lawyers at Miller Weisbrod Olesky are proud to have a long history of legal victories. We have spent over 40 years dedicating our livelihood to representing families like yours. Our results speak for themselves.
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Recent Birth Injury Settlement:
HIE Birth Injury settlement against a hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event which caused cerebral palsy. Miller Weisbrod Olesky's HIE birth injury lawyers in Houston recovered $9,200,000 for the family to help with future medical expenses and developmental therapy.
Hypoxic ischemic encephalopathy, or HIE, is a serious brain injury affecting newborns after experiencing oxygen deprivation before or during labor.
Hypoxia and ischemia often go hand in hand because blood carries oxygen throughout the body. When a disruption in oxygenated blood flow occurs for too long, the baby’s brain cells can die off permanently.
HIE is one of the leading causes of cerebral palsy, a group of neurological conditions that affect muscle movement. Newborn HIE injuries also continue to be a leading cause of worldwide neonatal mortality and morbidity, especially in lesser-developed countries.
An HIE injury at birth is a relatively rare occurrence. In the United States, neonatal experts estimate the incidence of this brain injury sits around 1.7 in every 1000 births. Using Houston birth rate data, we can predict that around 45 newborns in Houston will develop HIE each year.
HIE brain injuries do not occur all at once. The first dip in oxygen levels sets off a chain reaction of biological processes that progress into permanent damage. Here is how that process occurs:
Hypoxic-Ischemic Event: HIE begins when a complication disrupts oxygen-rich blood flow to the baby’s brain. This can either happen really quickly (acute profound hypoxia) or gradually over time (partial prolonged hypoxia).
Acute profound hypoxia involves sudden, severe oxygen loss, such as with a placental abruption or uterine rupture. Partial prolonged hypoxia, on the other hand, can occur from issues like placental insufficiency or a compressed umbilical cord.
Cellular Shutdown & Initial Injury: In response to reduced oxygen and blood flow, the baby’s brain cells begin to die. The rapid cellular death triggers swelling and inflammation of the brain tissue. This damage is the initial brain injury.
0-6 Hours After Injury: With the baby usually delivered at this point, oxygenated blood resumes flowing to the brain. Doctors call this period the latent phase, or the small window of recovery where therapeutic interventions are most effective. This is the ideal time for neonatal cooling therapy to reduce excess brain swelling.
Oxygen Reperfusion & Secondary Injury: Medical professionals must restore oxygen and blood flow quickly after a hypoxic-ischemic event. However, this rapid return of oxygen can sometimes trigger new damage in the brain.
During oxygen reperfusion injury, stressed brain cells release harmful chemicals and inflammatory responses as a reaction to the oxygen returning. The brain mistakes inflammation for infection, which triggers a second, more dangerous wave of damage than the original oxygen loss.
Simply put, HIE occurs when a baby’s brain does not receive enough oxygen-rich blood. Even before birth, brain cells depend on oxygen to create energy and support healthy functioning.
The brain uses a large share of the body’s energy supply. During pregnancy and delivery, a baby’s developing brain is even more dependent on steady oxygen. When that supply drops, brain cells can weaken, shut down, and die.
Unlike other cells in the body, these dead brain cells aren’t able to easily regenerate. This is why widespread brain cell damage at birth can have lasting impacts throughout childhood and even into adulthood.
Doctors, nurses, and all other medical professionals in the delivery room must carefully watch for signs of fetal oxygen deprivation. Just minutes without oxygen can irreversibly disrupt brain function.
Hypoxia and ischemia directly cause HIE, but many underlying problems can start that process.
Any number of issues with the placenta, umbilical cord, uterus, or complications with labor can cause a hypoxic-ischemic event. The tricky part is that these complications don’t always guarantee an HIE injury will occur; they only increase the risk.
What we do know is the more risk factors a baby possesses, the more likely they will experience oxygen deprivation. The Houston HIE Birth Injury Lawyers at Miller Weisbrod Olesky review these complications when investigating preventable newborn brain damage:
Babies born before 36 weeks gestation usually have underdeveloped internal organs, including the heart, brain, and blood vessels. These weaknesses will make it more difficult for them to manage restricted oxygen flow if they experience a hypoxic-ischemic event.
In Harris County, around 12 percent of babies arrive prematurely each year. This is higher than the state average, meaning more babies in Houston are at risk for HIE brain injuries.
Many HIE risk factors come with warning signs that doctors and nurses should be able to quickly recognize. Timely action can make a major difference when a baby is facing oxygen deprivation.
The Houston HIE Birth Injury Lawyers at Miller Weisbrod Olesky will investigate all potential factors that led to preventable injuries. If we find that medical professionals neglected the signs of known risk factors, we will fight to hold them accountable.
When a baby has HIE brain damage, there are often physical signs of it at birth. In fact, some signs are observable while the baby is still inside their mother’s womb.
When investigating your case, our Houston HIE Birth Injury Lawyers will check whether medical professionals properly caught the following symptoms:
Fetal distress is a term to describe when the baby’s heart rate shows non-reassuring patterns during labor. They will usually be the first sign of a complication affecting fetal oxygen supply.
Patterns that should immediately alert medical professionals to a potential problem include:
Doctors and nurses must carefully monitor the baby’s heartbeat to know when intervention is necessary. Intervening can range from adjusting the mother’s position and providing additional fluids to performing an emergency c-section delivery.
Doctors and delivery nurses must closely examine the baby’s physical characteristics upon delivery. Important signs of an HIE injury or other brain damage at birth may look like:
A newborn who has two or more of these signs may have a brain injury like HIE. Or they may have another complication that warrants further attention. Either way, medical professionals must not ignore these signs as they can indicate a severe birth complication.
An HIE injury can cause the brain to send abnormal electrical signals that cause neurons to fire uncontrollably. This results in neonatal seizures, marked by uncontrollable convulsions, rhythmic eye movements, and pauses in breathing.
A decrease in oxygen causes the baby’s cells to produce excess lactic acid when producing energy. Over time, lactic acid buildup will cause the baby’s blood pH to drop to dangerously acidic levels.
A blood pH below 7.20 at birth almost always indicates that the baby underwent oxygen deprivation during labor. Research supports severe fetal acidosis being a key symptom of HIE injuries in neonates.
When a newborn has critical HIE brain damage, medical professionals don’t have much time to intervene. It is paramount to notice the early signs so there are zero delays in diagnosing the injury.
When healthcare professionals miss the critical intervention window because they didn’t see the signs, it can qualify as medical malpractice. A Houston HIE Birth Injury Lawyer can help hold them responsible for their negligence.
Even when a baby presents with clear symptoms of HIE, doctors and nurse practitioners cannot rely on physical signs alone. Instead, they must rely on standardized exams and tools to accurately diagnose HIE brain damage:
APGAR stands for five distinct, important physical characteristics at birth: Appearance, Pulse, Grimace, Activity, and Respiration. Healthcare providers (usually the nurse present at birth) will assign a score ranging from 0-2 for each quality.
All newborns receive an APGAR score to evaluate whether they need further medical intervention. Babies with HIE birth injuries will usually score low in all APGAR categories, particularly in the respiration and pulse sections. Doctors often use the APGAR score as a benchmark for determining whether the baby needs further testing for brain damage.
In a similar fashion to the APGAR test, the Sarnat exam has healthcare providers measuring specific neonatal characteristics. However, medical professionals will only conduct this type of assessment with children who they suspect to have HIE.
The categories on the Sarnat exam align closer with common HIE symptoms. This includes criteria like neuromuscular control levels and the presence of seizures.
The Sarnat scale groups a baby’s HIE birth injury into one of three stages that ascend in severity:
Low pH balance in umbilical cord blood can reveal when the newborn underwent hypoxia and subsequent fetal acidosis during labor.
An umbilical cord blood gas test can measure the pH level and base deficit within the baby’s blood. Low pH levels and high base deficits indicate that the baby did not receive enough oxygen during delivery.
Results with a pH below 7.18 should push medical professionals to conduct further testing for brain injuries.
Neuroimaging scans are the most definitive method a medical professional can use to detect HIE birth injuries. The most common test for neonates is Magnetic Resonance Imaging (MRI) scanning because of its high accuracy and non-invasive nature. Electroencephalogram (EEG) testing measures the brain’s electrical activity and can also help doctors spot abnormal signals that indicate brain damage.
These tests help medical professionals determine the precise location, severity, and expected long-term effects of a baby’s HIE injury.
An HIE brain injury baby will need early intervention and support from the very start of their life. Newborns with injuries on the cusp between moderate and severe can sometimes avoid permanent complications when doctors act early.
If you suspect doctors failed to properly diagnose your baby in time, consider contacting a Houston HIE Birth Injury Lawyer.
HIE birth injuries can cause complications that permanently change how the child will live their life. Some of the most common disabilities that our HIE Birth Injury Lawyers in Houston see in our clients include:
Epilepsy is a neurological disorder where abnormal electrical activity in the brain causes unpredictable and recurring seizures. Babies with HIE brain damage are five times more likely to develop the condition compared to the general population.
According to the National Epilepsy Foundation, nearly 300,000 Texans suffer from epilepsy.
We depend on our brains to process and translate all sensory input from the world around us. But HIE brain damage can destroy the neural pathways and sensory receptors needed to control this information. This commonly results in complications like hearing loss and vision impairments.
Children may also experience a hypersensitivity to stimuli like light, loud noises, or feeling different textures. This can cause irritation to certain clothing, foods, and other items.
Parents will often eagerly await a child’s first signs of social, physical, and emotional development. A baby’s first words, first steps, and other developmental milestones can reassure parents that they are growing as expected.
However, babies with HIE birth injuries can develop skills on a slower timeline or never develop them at all. Their brain injury can prevent motor signals from firing and allowing the muscle coordination to sit up, stand, or walk.
Other common missed milestones include social and emotional delays, speech impairments, hearing delays, or visual delays. The child may also struggle to control their emotions or interact with other kids their age.
HIE brain injuries are the leading cause of cerebral palsy worldwide. Cerebral palsy is a group of neurological disorders affecting a child’s muscle movement, tone, coordination, speech, vision, and cognitive abilities.
Children with cerebral palsy often experience uncontrollable muscle spasms that result in paralysis or jerky, involuntary movements. Other common complications include swallowing disorders and speech impairments like dysarthria or dysphagia.
Doctors usually wait until the child’s first year or two of life to diagnose cerebral palsy. But symptoms like developmental delays, floppy muscle tone, and feeding problems can appear before then. Medical professionals should monitor children with HIE for any emerging symptoms of cerebral palsy to ensure they get timely treatment.
According to nonprofit organization Hope for HIE, roughly 23% of worldwide neonatal deaths stem from severe HIE birth injuries. On top of this, up to 40% of surviving infants face long-term complications like epilepsy, developmental delays, and cerebral palsy.
But even with these complications, children with severe HIE symptoms usually live a normal life expectancy with ongoing treatment. Mild cases of HIE do not affect life expectancy and usually require minimal to no additional treatment.
A newborn HIE brain injury requires urgent medical attention. However, providing treatment immediately after birth can reduce the injury’s severity and decrease the risk of suffering long-term complications.
HIE treatment can begin almost immediately after the child’s birth. For the best neonatal outcomes, our Houston HIE Birth Injury Lawyers recommend that healthcare professionals execute the following treatment strategies:
Therapeutic hypothermia is one of the most effective treatments for HIE immediately after the baby’s birth.
Medical professionals will place them inside of a thermal regulating machine that keeps their internal temperature at 92.3° Fahrenheit. The baby will stay in this machine for roughly 3 days before medical professionals begin the rewarming process.
By lowering the baby’s internal body temperature, it reduces the brain’s metabolic rate. This helps stop inflammation and prevents a secondary wave of tissue damage by making the brain less oxygen dependent.
Preterm babies or babies with low birth weights may not qualify for neonatal cooling. If they do qualify, medical professionals must start the cooling process within six hours of birth. Waiting too long can reduce the treatment’s ability to stop an oxygen reperfusion injury.
Almost all babies with moderate to severe HIE injuries have breathing difficulties at birth. Doctors and delivery nurses must often provide neonatal resuscitation to restore the baby’s oxygen flow and prevent further brain damage.
If the baby is breathing but has low blood oxygen levels (hypoxemia), medical professionals may need to administer supplemental oxygen. They do this primarily with non-invasive tubes called nasal cannulas or with an assisted ventilation machine in extreme cases.
Nearly 60% of HIE brain injury babies have seizures after birth. These episodes can interrupt breathing and pose an elevated risk to the baby’s life. Medical professionals should consider administering preventative antiseizure medications to babies with HIE, even without witnessing evidence of clinical seizures.
Additionally, they should keep a watchful eye over electrical activity in the baby’s brain. Continued monitoring with an EEG machine after birth will immediately alert healthcare providers of any seizure activity.
After a certain point during early infancy, HIE birth injuries become irreversible. By the early childhood years, medical specialists tend to shift their focus toward symptom management over curative care.
The following treatments can help alleviate a child’s HIE symptoms and allow them more physical and emotional comfort:
Children with moderate to severe HIE brain damage will have less control over their muscle movement. This can prevent them from developing the skills necessary for standing, walking, running, or jumping.
Physical therapy introduces targeted exercises that can help these children improve their flexibility and widen their range of motion.
Occupational therapy helps children practice performing everyday tasks and activities. This can include activities like writing, coloring, holding utensils, brushing teeth, hair brushing, or putting on clothes. Continued practice helps children with HIE to develop their fine motor skills and gain more independence.
HIE brain injuries can cause neurological speech impairments that give children difficulties with eating, swallowing, and speaking. Speech therapy can introduce swallowing techniques, tongue placements, and articulation exercises that will improve their speaking skills.
Over time, working with a speech therapist can allow children with HIE to feel more independent and socially confident.
Some children with HIE have mobility restrictions because of muscle weakness, hypotonia, and paralysis. This can bar them from doing everyday tasks like travelling, communicating, or even lying down on their own.
Assistive equipment and devices like wheelchairs, walkers, and adaptive furniture can help these kids get around easier on their own. Home modifications like exterior ramps and roll-in showers can make activities around the house more accessible.
If their HIE brain injury causes speech impairments, some children may even utilize adaptive communication devices for interacting with others.
Easter Seals Greater Houston
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Easter Seals is a nationwide nonprofit with over 75 locations providing health and human services to disabled children and adults. Their website offers comprehensive early intervention resources and referrals for programs like physical therapy or occupational therapy. They also put on several community engagement events throughout the year in the Houston metroplex.
For more information on how Easter Seals can help your baby with HIE, please visit their website.
Like most brain injuries, researchers are still searching for the cure to HIE. Early intervention within 6 hours after birth (namely neonatal brain cooling) is the most effective treatment for actually reversing inflammation. During early childhood, a variety of medications, treatments, and therapies can reduce the severity of some HIE symptoms.
The extent to which HIE will impact a child’s life will largely depend on the initial injury’s severity. Mild cases do not usually cause long-term impairment or disability. However, children with moderate to severe cases will likely need some form of HIE treatment throughout their life.
When their newborn shows signs of an HIE birth injury, parents should always question how it happened. Though they may not wish to believe it, the blame may fall on negligent medical professionals overseeing their baby’s birth.
There are numerous delivery room errors that could put a baby in danger for developing an HIE birth injury. Some of the most common mistakes our Houston HIE Birth Injury Lawyers catch include:
If you believe your doctors may have made any of these errors during your delivery, don’t hesitate to reach out. One phone call with Miller Weisbrod Olesky's Houston HIE Birth Injury Lawyers can bring your family closer to justice and financial compensation.
A statute of limitations (SOL) sets a time limit on how long a claimant has to file a lawsuit. Statutes of limitations can vary greatly based on the type of case and the state where you’re filing. For instance, the deadline for birth injury claims is typically different from other claims like injury to personal property.
For adults, the statute of limitations in Texas medical malpractice lawsuits is generally 2 years from when the negligence occurred. For children, the statute of limitations is slightly different. Parents typically have until the day of the child’s 14th birthday to file a birth injury medical malpractice claim.
However, Texas also has a statute of repose that sets an absolute limit on all healthcare liability claims. It states that no one may file a claim 10 years after the date of the negligence. All claims to recover childhood medical expenses belong to the parents as minors cannot legally file on their own.
Depending on the case, you may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). Examples include if the negligent party was a local or state government hospital, or if the doctors are government employees.
In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. The time period in which you must give "notice" may be shorter in these cases.
The court will typically dismiss your case if you file it outside the statute of limitations. However, certain exceptions exist to the rules when the injured party is a child.
Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for your child’s birth injury, it’s in your best interest to quickly contact an attorney. Speaking with one of our Houston HIE Birth Injury Lawyers can clear up any confusion you may have regarding filing.
Expecting mothers not only put their own fate in medical providers’ hands during delivery, but also their baby’s fate as well. When birth injury negligence causes irreversible brain damage, Miller Weisbrod Olesky's Houston HIE Birth Injury Lawyers will make sure there’s consequences.
We will use our vast network of legal and medical experts to thoroughly investigate exactly what happened during your birth. We will hold negligent healthcare providers accountable for their errors in hopes that future families won’t endure the same pain.
By successfully proving medical malpractice occurred, we help your family recover life-changing financial compensation to put toward:
Miller Weisbrod Olesky's team of HIE Birth Injury Lawyers in Houston will use our extensive case review process to assess your claim.
We start by speaking with your family directly to learn more about you and your child. We’ll gather medical records like fetal monitoring strips to support your claims. Important details we will consider and investigate further include:
We consult with experienced medical experts like pediatric neurologists, radiologists, and neonatologists. They will review your records to determine whether medical errors could have contributed to your newborn's HIE injury. If we make a recovery, we will move forward with an official HIE birth injury medical malpractice lawsuit.
At no point will you need to pay any fees during the legal intake or litigation process. Our dedicated nursing and medical research division will conduct a comprehensive review of your case for free.
Our contingency fee policy means that we only charge attorney’s fees on cases we win. You will never have to pay out of pocket; we charge a pre-agreed fee outlined in our attorney-client retainer contract. We do not take on any HIE birth injury cases unless we fully know we will win.
Miller Weisbrod Olesky handles birth injury medical malpractice cases throughout the Houston metroplex. We also have experience helping families living in surrounding areas, including Katy, The Woodlands, Sugar Land, Pearland, Pasadena, and more. You can contact our Houston office using our toll-free line at (888) 987-0005. Additionally, you can schedule a free consultation by filling out our online request form.
Our National Birth Injury Attorneys, nurses, and support staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury at birth was caused by medical malpractice.
Call our offices today at (888) 987-0005 for experienced assistance in a free consultation.
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