Infant Brain Damage Lawyer

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Was your infant’s brain damage preventable? Our birth injury team helps parents find answers.

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Newborn baby in hospital bassinet, highlighting the need for an infant brain injury lawyer after signs of brain damage at birth.
Legally Reviewed By
Michael E. Pierce

A diagnosis of brain damage in a newborn is devastating, especially when no one explains exactly how it happened.

You may be asking questions like:

  • Did the medical team miss signs of distress during labor?
  • Was there a delay in responding to a lack of oxygen?
  • Were critical decisions made too late or not at all?

At Pierce Skrabanek, we help families find answers in situations where medical negligence may have contributed to an infant's brain damage, such as:

  • Complications during pregnancy,
  • Delayed or improper responses during labor and delivery, or
  • Mistakes made in the hours or days following birth.

If your child has been diagnosed with cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or another form of brain damage, our legal team can review your case to determine whether errors in care may have played a role.

Call (832) 690-7000 or contact us online for a free case review with an experienced infant brain damage lawyer.

Brain Damage in Infants: What Parents Should Understand

An infant's brain is fragile and rapidly developing. During labor, delivery, or shortly after birth, even brief interruptions in oxygen supply, blood flow, or proper medical attention can lead to irreversible damage.

Some conditions linked to infant brain damage include:

  • Hypoxic-ischemic encephalopathy (HIE) caused by reduced oxygen or blood flow;
  • Cerebral palsy, which may be related to complications during delivery;
  • Developmental delays;
  • Feeding and movement difficulties; and
  • Seizure disorders linked to early trauma.

In many cases, brain damage is not diagnosed right away. A minor feeding problem continues. A tremor is dismissed as normal. A milestone is missed, then another. Only later do more serious concerns become clear.

This is not your fault. But it may be the result of something that went wrong during your child's delivery or care.

At Pierce Skrabanek, we examine the medical details surrounding birth to understand better how the brain damage occurred. Our infant brain damage law firm has decades of experience handling complex medical negligence cases involving infant brain damage. We know how to analyze the details to uncover errors, build timelines, and hold hospitals responsible when care falls short.

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What Can Cause Infant Brain Damage?

Hospitals are responsible for recognizing and responding to problems during pregnancy, delivery, and newborn care. When warning signs are missed or treatment is delayed, a child may suffer brain damage that could have been prevented.

Our infant brain damage attorneys investigate cases involving:

Lack of Oxygen (Birth Asphyxia)

A baby's brain requires a constant supply of oxygen. If that supply drops and medical staff fail to intervene, conditions like hypoxic-ischemic encephalopathy (HIE) can occur. Fetal monitoring tools are designed to detect signs of distress in real time. Delayed emergency delivery or failure to address prolonged low heart rate may point to critical errors in care.

Jaundice and Kernicterus

Jaundice is common in newborns, but elevated bilirubin levels must be closely tracked. If signs of severe jaundice are overlooked or therapy is delayed, bilirubin can build up in the brain, leading to kernicterus. This severe form of brain damage is treatable, mainly and often avoidable, through timely blood tests and light therapy.

Physical Head Trauma

Tools like forceps or vacuum extractors are sometimes necessary during delivery, but they must be used with precision. If too much force is applied or the procedure takes too long, it can lead to bleeding, swelling, or other trauma inside the brain. In these situations, medical teams are expected to monitor the infant closely, order appropriate imaging, and take swift action if signs of injury appear.

Infection

Infections such as Group B Strep, meningitis, or sepsis can spread quickly in infants. Without diagnosis and treatment, inflammation may damage the development of brain tissue. Proper screening during pregnancy and careful postnatal monitoring are crucial steps in preventing long-term harm.

Umbilical Cord or Placental Complications

Issues like cord compression, knots, or placental abruption can limit oxygen and nutrients during labor. These risks are typically visible using standard hospital monitoring techniques. When signs of trouble are not addressed, a child may be left with permanent brain damage and lifelong complications.

Understanding the delivery trauma is only part of the story. For many families, questions continue to grow in the weeks after birth.

A Diagnosis Tells You What. It Doesn't Tell You Why.

Many parents are told their child's brain injury was unpredictable or unavoidable. But when you examine the fetal monitor tracings, the Apgar scores, or the critical decisions made during labor and delivery, signs of distress or delay often emerge.

Sometimes those warning signs only seem clear in hindsight, after a parent has spent weeks watching their child struggle, wondering if something during the birth was missed.

What Parents Usually Notice First

Most parents begin to notice changes in the days, weeks, or months that follow birth. These signs vary from child to child, but some of the most common indicators of infant brain damage include:

  • A weak or absent cry at birth;
  • Difficulty feeding or swallowing;
  • Stiff or unusually floppy muscles;
  • Shallow breathing or low Apgar scores;
  • Limited responses to sound, light, or touch;
  • Seizure activity or frequent jittery movement; or
  • Missed developmental milestones such as rolling, sitting, or crawling.

Too often, parents leave the hospital without full information. Fetal monitoring records, notes from nurses and obstetricians, and test results are usually spread across different parts of the chart without clear explanations about what was done, when, or why.

Reviewing these details with the proper medical and legal insight can help determine whether medical malpractice may have led to infant brain damage. This includes examining whether staff responded to warning signs quickly, if delivery protocols were followed correctly, and how the outcome might have changed with earlier intervention.

When You're Ready to Ask Why

If you're seeing signs that your child's injury might be connected to labor or delivery, you're not alone, and you're not imagining it. We work with medical experts to review the whole picture: what happened during the birth, what may have been missed, and whether something could have been done sooner.

Have questions? You can speak directly with an infant brain damage attorney—call (832) 690‑7000 or send us a message online.

How Infant Brain Damage Affects a Family

A diagnosis of infant brain damage changes the structure of daily life in ways most parents never imagined. What starts with medical questions quickly expands into financial, logistical, and emotional demands that continue long after the hospital stay.

Many families come to us after months of trying to manage:

  • Complex care schedules that include physical, occupational, and speech therapy;
  • Expenses for medical equipment, feeding supplies, or in-home support;
  • Lost income when one parent reduces hours or stops working altogether;
  • Constant communication with doctors, schools, and service coordinators; and
  • Delays, denials, and appeals when insurance coverage falls short.

None of this comes with instructions. Parents are left trying to figure it out while navigating a system that rarely makes things easy.

"Part of our job is helping parents connect the dots. From what happened during delivery to what they're facing two years later, because it's often all connected. If there were medical mistakes, families deserve answers and a way to prepare for what's ahead."

— Michael Pierce | Founding Attorney

Legal action can't undo the harm but can open the door to long-term support: therapy, care, equipment, and education. We've seen what that means for our clients—and we fight for it every day.

What Compensation May Cover in an Infant Brain Damage Case

By the time most families speak with an infant brain damage attorney, they've already absorbed the reality: their infant will need care for years to come, and those costs add up quickly.

Medical malpractice cases involving brain damage at birth focus on measurable needs, both current and future. A proper claim accounts for how an infant's condition will affect their life as an adolescent, adult, and someone who may always require assistance.

Compensation in these cases may cover:

  • Ongoing care from pediatricians, neurologists, or specialists;
  • Physical, occupational, or speech therapy throughout childhood and beyond;
  • Adaptive equipment such as wheelchairs, communication devices, mobility aids, or feeding support systems;
  • Architectural modifications to the home;
  • Full-time or part-time caregiving services;
  • Educational services, tutoring, or behavioral support based on individual learning needs;
  • Lost earning potential if the child is unable to work in adulthood;
  • Lost income for a parent who becomes a long-term caregiver; and
  • Noneconomic damages related to the child's physical limitations or medical condition.

Every case is different. The value of an infant brain damage claim depends on the nature of the injury, the expected cost of care, and the long-term challenges the child is expected to face.

A strong legal team will work with life care planners, medical professionals, and financial analysts to build a clear, detailed account of what your infant may require and why.

Studies show that families represented by a qualified infant brain damage lawyer receive nearly three times more in compensation than those who try to recover losses on their own.

Testimonials

Read what our past clients have to say about our legal services. 

Daryl M.

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“My experience with Mr. Skrabanek was honestly far better than all expectations that we had. He took care of us like we were family, making sure me and my wife always felt like a priority and walked us through all of the concerns that we had. If you are looking for a professional who truly cares for his clients you can stop the search. You won’t be disappointed.”

Denise J.

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“Mike and his team helped me settle an injury claim case. I was informed and helped through every step and they were always professional and very responsive. I really enjoyed working with them.”

Victoria S.

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“My attorney, Michael, did an amazing job with my case. He’s a straight shooter and has a vast knowledge of the law combined with an extensive amount of experience, making him a fantastic attorney. I fully recommend this firm.

Thank you Pierce Skrabenek!”

Gabriela C.

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“Paul Skrabanek of the law firm Pierce Skrabanek was very professional and went above & beyond in handling my daughter's case. Very dedicated, worked diligently, and got justice for my family. If I could give a higher rating than 5 stars I would. Thank you and your firm for such tenacity.”

Raymond H.

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“These guys are awesome, they were very informative from the beginning to end, working with them was super smooth, and I had all questions answered thoroughly. The whole team at this firm works to help in every way they can. They were able to get me the compensation I deserved and exceeded my expectations. If you’re ever in need of a stellar team to stand behind you and work for you, these guys are the ones you would want in your corner.

Thank you very much Paul and thank your team for me.”

Cam F.

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“Working with Paul Skrabanek was a very positive experience. He helped me understand the legal process as someone who has never been a part of a lawsuit, and was able to get me settled quickly and painlessly! Loved working with Pierce Skrabanek law firm!”

Michele R.

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Michael Pierce and his team, especially Krystle, were very professional, always available (even on weekends), and very knowledgeable. We appreciate their hard work on our case and the time they took to explain every detail as our case progressed. Mike is a phenomenal attorney and we highly recommend them for your legal needs.”

Beverly C.

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“I found Mr. Skrabanek to be very trustworthy, creditable, and genuinely concerned about my well-being while I was going through this very difficult process. He showed constant concern for me being completely satisfied before making any final decisions.”

Diane T.

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“Fantastic team of attorneys and staff dedicated to their clients. Michael Pierce is an outstanding trial attorney for personal injury cases.”

Deborah S.

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“We watched, participated & listened to Paul Skrabanek fight for a settlement which we could be happy with. Just this month the case has been put to rest.”

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Why Choose Pierce Skrabanek

We've spent over 30 years representing families in cases involving infant brain damage caused by suspected medical negligence or malpractice.

Our infant brain damage attorneys have handled claims involving delayed delivery, failure to respond to fetal distress, undiagnosed oxygen loss, and other systemic failures in labor and neonatal care.

We understand what these cases require, from building the medical timeline to documenting long-term financial needs. We've recovered more than $500 million in verdicts and settlements for clients across the country.

If you're ready to take the next step, we're here to listen. Call (832) 690‑7000 or contact us online to speak privately with an infant brain damage attorney at no cost.

Frequently Asked Questions

Is there a deadline to file a medical malpractice case involving birth-related brain damage?

Yes. Every state has specific time limits, called statutes of limitations. Sometimes, those rules are extended for minors, but not always. It's essential to get clear information as early as possible.

Will pursuing an infant brain damage case affect the medical care my child is currently receiving?

This is a common concern, especially for parents receiving services at the same hospital where the birth occurred. We can discuss how these cases are handled and what to expect when care continues during legal review.

Can I speak with someone even if my child doesn't have a formal diagnosis yet?

Yes. Many parents reach out before they have a confirmed diagnosis. If something during labor or delivery didn't seem right, or if your infant is having early difficulties, we can listen to your experience and help assess what may be worth looking into further.

Is there a cost for the initial consultation?

No. Your first conversation with our infant brain damage lawyers is free, and you're not committing to anything by reaching out.

We’re Here for You:
Real Results for Real Challenges

We know how tough things can get after an injury. That’s why we make your struggles our fight. With over three decades of combined experience, we’ve been the reliable allies our clients need, tackling financial hardships, physical pain, and major life changes. Our track record of successful verdicts and settlements speaks to our team’s passion and dedication to helping clients get the support and justice they need.

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Summary: Served as lead trial counsel in a nonsubscriber liability case in which plaintiff claimed that he suffered a traumatic brain injury as a result of automobile-pedestrian accident on defendant’s property. Defendant contended that no objective evidence supported plaintiff’s claim of a traumatic brain injury and relied on multiple negative CTs and MRIs of plaintiff’s brain. After one-week of trial, the defendant more than doubled their last pretrial settlement offer and agreed to settle the case for a confidential sum.

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