Fighting for Justice After Birth-Related Brain Injuries

No parent expects to hear the words “hypoxic-ischemic encephalopathy” just moments or days after the birth of their child. The diagnosis is life-altering—and often devastating. At Van Wey & Metzler, we represent Houston families grappling with this reality, providing the legal firepower and compassionate guidance they need to hold negligent medical providers accountable.

When HIE is caused by a preventable medical error, it’s not just a tragedy—it’s a failure of the healthcare system. And we’re here to do something about it.

What Is HIE?

Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when an infant’s brain is deprived of oxygen and blood flow, often during labor, delivery, or the immediate neonatal period. Without swift intervention, this lack of oxygen can cause serious, permanent damage to the brain’s tissue—leading to motor dysfunction, developmental delays, seizures, or even death.

In some cases, HIE is caused by unavoidable complications. But in many, it is entirely preventable.

How Medical Negligence Can Cause HIE

In the delivery room, timing is everything. Nurses, obstetricians, and hospital staff must constantly monitor fetal well-being, maternal vitals, and progression of labor. A delay of even a few minutes in detecting fetal distress or responding to an emergency can have catastrophic consequences.

Common failures that lead to HIE include:

  • Failure to monitor fetal heart rate properly
  • Ignoring signs of fetal distress (late decelerations, meconium-stained fluid)
  • Delayed response to umbilical cord compression or placental abruption
  • Prolonged labor or improper use of Pitocin
  • Failure to perform a timely emergency C-section
  • Inadequate resuscitation efforts at birth

When these errors happen, the infant is at immediate risk of oxygen deprivation. And that risk can result in lifelong consequences.

Signs and Symptoms of HIE

Sometimes the signs of HIE are visible shortly after birth. Other times, they appear over weeks or months. Key indicators include:

  • Low APGAR scores at 1 and 5 minutes
  • Seizures in the first 24–48 hours of life
  • Difficulty breathing or feeding
  • Low muscle tone (hypotonia)
  • Poor reflexes or lack of responsiveness
  • MRI findings showing brain damage

As the child grows, additional symptoms may emerge—developmental delays, spasticity, cognitive impairment, or a later diagnosis of cerebral palsy.

If your child has been diagnosed with HIE in Houston, or is showing signs consistent with this condition, we urge you to speak with an attorney experienced in birth-related brain injury litigation.

Why Families in Houston Turn to Us for HIE Cases

At Van Wey & Metzler, we are not general personal injury attorneys. We are a firm with a deep focus—and national recognition—for taking on catastrophic birth injury and medical malpractice cases. We’ve helped countless families uncover the truth and secure the resources they need to support their child’s future.

When it comes to HIE, we:

  • Retain leading maternal-fetal medicine and neonatal neurology experts
  • Analyze minute-by-minute fetal monitoring strips and labor logs
  • Reconstruct timelines to prove when and where negligence occurred
  • Demand accountability from hospitals and insurers
  • Fight for comprehensive compensation, including future care needs

Our firm doesn’t shy away from the complexity of these cases—we lean into it. Because the stakes couldn’t be higher.

What Compensation Can Help Cover

Raising a child with HIE often involves enormous financial burdens. A successful HIE claim can help you obtain resources to cover:

  • Medical treatment and therapies (PT, OT, speech)
  • Specialized equipment and assistive devices
  • In-home nursing care and respite services
  • Modified housing and transportation
  • Special education and tutoring
  • Lost income due to caregiving
  • Future loss of earnings for your child
  • Emotional distress and pain and suffering

These aren’t luxuries. They are lifelines. And no family should be forced to shoulder them alone—especially when the injury could have been prevented.

How Long Do I Have to File an HIE Claim in Texas?

In Texas, medical malpractice claims must generally be filed within two years of the incident. However, when the injury involves a minor, exceptions may apply. That said, waiting is risky. Hospitals and insurance companies begin building their defense immediately—and critical evidence can disappear or degrade.

The sooner you contact us, the better positioned we are to build the strongest case possible for your child.

We Stand With Houston Families. Because You Deserve Answers—and Action.

A diagnosis of HIE doesn’t just change a child’s life. It changes a family’s life. It reshapes your hopes, your routines, and your financial reality. But you are not powerless. If a preventable error caused your child’s injury, you have every right to demand answers—and justice.

Van Wey & Metzler is here to help Houston families move forward with strength, clarity, and support. We’ll guide you through the process from beginning to end, ensuring your child’s voice is heard, your story is told, and your needs are met.

You didn’t choose this—but you can choose who stands beside you. Let it be a team that fights for justice. Let it be us.

Consult With a Leading Medical Malpractice Lawyer—Houston 

In a typical medical malpractice claim, three critical elements must be proven: First, we establish the standard of care, determining what a reasonably prudent healthcare provider would do under similar circumstances. Next, we demonstrate a violation of that standard of care, showing that the medical professional acted outside the expected norms. Finally, we prove causation, linking the healthcare professional’s actions (or inaction) directly to the injury, harm, or death.

Our knowledgeable attorneys will thoroughly investigate the facts of your situation to ensure these elements are met, providing a solid foundation for your case.

If you believe that you or a loved one has suffered a catastrophic injury due to medical negligence, our Houston medical malpractice lawyers are here to help. During your initial consultation, our team will review your case and discuss your legal options with you.

At Van Wey & Metzler, we are passionate about fighting for justice and ensuring that negligent healthcare providers are held accountable. Contact our medical malpractice attorneys in Houston today to schedule your free consultation and take the first step toward securing the compensation you deserve.


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