Ataxic Cerebral Palsy (CP)
According to estimates from the CDC's Autism and Developmental Disabilities Monitoring (ADDM) Network, about 1 in 345 children has been diagnosed with cerebral palsy (CP). The least common type of Cerebral Palsy is Ataxic Cerebral Palsy, compromising only 5-10% of all cases. Like all forms of cerebral palsy, ataxic cerebral palsy develops when a child's brain sustains an injury (like an HIE injury) before, during, or shortly after birth.
When the cerebellum portion of the brain is damaged, and cerebral palsy develops, a child will often face life-long challenges. Children with Ataxic Cerebral Palsy will likely face balance and coordination complications, speech disorders, slow eye movements, and experience tremors. These birth complications can cause a lifetime of medical and care needs for a young child.
Unfortunately, birth injuries that cause cerebral palsy are sometimes the result of a doctor's or nurses’ preventable mistakes. If you are concerned that your child developed ataxic cerebral palsy due to medical negligence or malpractice, you may be eligible to recover compensation by filing a medical malpractice lawsuit against a negligent doctor or hospital.
At Miller Weisbrod Olesky, our Cerebral Palsy Attorneys, and in-house team of nurses and nurse attorneys can help determine if a preventable medical error caused your child's birth injury and Ataxic CP. You deserve answers to your child’s cerebral palsy from a team of qualified experts.
What is Ataxic Cerebral Palsy?
Ataxic Cerebral Palsy is a rare developmental disorder characterized by problems with balance and coordination. Ataxic comes from the word “ataxia” which is defined as lack of coordination or order. This type of cerebral palsy is noted in the early stages by the lack of muscle tone which is known by the medical term “hypotonia”.
Children with Ataxic CP usually have trouble maintaining control over their bodily movements, and their ability to judge how close or far away something may also be compromised. A child with ataxia may struggle to perform voluntary movements such as picking up objects or walking. Children diagnosed with Ataxic Cerebral Palsy may walk with a wide stance to keep from falling and have difficulty grasping small objects like a pencil to write.
The severity of symptoms child with Ataxic Cerebral Palsy may experience varies considerably from person to person. For instance, some children with mild Ataxic Cerebral Palsy may only be affected by diminished function, while others are completely handicapped by the condition. Although Ataxic CP does not progress or worsen over time, some symptoms may change as the child gets older.
What Causes Ataxic Cerebral Palsy?
Ataxic Cerebral Palsy is caused by a brain injury to a part of the brain called the cerebellum. The cerebellum, also known as the balance center of the brain, plays a key role in controlling coordination and fine-tuning movement commands for the body.
Damage to this area before, during, or shortly after birth can make it difficult for your child to control their movements and maintain balance in their arm and legs. A majority of birth injuries leading to ataxic cerebral are caused by medical personnel such as obstetricians and labor and delivery nurses failing to treat an expectant mother's previous or current health condition, failing to recognize the signs of fetal distress during labor or injuring the baby during delivery, or neglecting to treat the baby after delivery. A brain birth injury known as Hypoxic Ischemic Encephalopathy or HIE is the most common cause of all types of cerebral palsy.
Here are some of the most common causes of ataxic CP:
- Failure to recognize or respond to fetal distress
- Untreated jaundice or hypoglycemia after birth
- Delayed C-section
- Shoulder Dystocia
- Neonatal resuscitation errors after birth
- Abnormal changes in blood pressure (preeclampsia) or blood disorders
- Arrested labor including the baby becoming stuck in the birth canal.
- Failing to properly monitor or react to the fetal heart rate during and after birth.
- Head trauma during labor or after delivery
- Brain hemorrhaging from a fetal stroke.
- Misuse of forceps, vacuum extractors, or other birthing tools
- Failing to treat maternal infections and exposure to toxins during pregnancy.
- Oxygen deprivation during birth that occurs because of uterus, placenta, or umbilical cord damage.
- Any of the above can be caused by a medical mistake
Before, during and after birth, doctors, nurses, and other medical professionals are responsible for providing each mother and baby with safe and effective care. The standard of care is broken when proper procedure is not followed, and a child sustains a permanent brain injury such as HIE that can lead to ataxic cerebral palsy. To recover damages in a birth injury lawsuit, you must prove that the doctor, nurse or another medical professional who was involved in monitoring your pregnancy or delivering your baby acted negligently by failing to provide you with an acceptable standard of care.
Treatment Options for Ataxic Cerebral Palsy
Although there is no cure for Ataxic Cerebral Palsy, there are treatment options that could help a child with this condition reach their full potential. The impact of difficult physical challenges caused by Ataxic Cerebral Palsy can be reduced with prompt treatment and therapy. For children with ataxic cerebral palsy, treatment is tailored to their specific symptoms and focuses on minimizing the impact of motor impairments on the child’s life.
Among some of the main treatments for Ataxic CP that may allow a child with this type of cerebral palsy to live a more independent life are physical and occupational therapy. Talk to your child’s doctor before choosing a treatment plan to ensure you understand all the benefits and risks.
Here are some of the most common treatment options for ataxic cerebral palsy:
- Physical Therapy: One of the goals of physical therapy is to help a child with ataxic CP manage their movement problems, improve issues with cognitive impairment, developmental delays, and become more independent. Physical therapists combine strength and flexibility exercises to develop the child’s balance skills, correct abnormal walking patterns, and teach them to function as best as possible when symptoms arise. They may also recommend orthotic devices such as walkers, splints, and crutches to improve the balance and stability of a child living with ataxic cerebral palsy.
- Occupational Therapy: An occupational therapist will use various exercises to help a child develop their fine motor skills and improve balance and coordination. The main goal of this type of therapy is to provide a child with ataxic cerebral palsy with the skills they need to perform everyday activities like grooming and eating. Through occupational therapy, children may also learn how to use adaptive tools and adopt the compensatory strategies they need to live more normal lives.
- Speech Therapy: Children with ataxic CP often struggle with speech difficulties and have trouble swallowing. The child can strengthen their oral motor muscles and improve their communication skills through speech therapy. Speech therapists will use language intervention activities, breathing exercises, word association, and swallowing and tongue exercises to strengthen muscles in the mouth, face, and address oral motor difficulties.
- Medication: As a supplement to therapy, a doctor may prescribe certain medications to mitigate symptoms of ataxic CP. For example, anti-anxiety medications like Valium can momentarily calm tremors or some random involuntary movements. Additionally, medications like diazepam or baclofen may be prescribed for muscle pain or stiffness. Medications will be prescribed by a physician based on the severity and frequency of symptoms that a child with ataxic cerebral palsy may be experiencing.
- Anti-spasmodic: These drugs help reduce muscle spasms, spasticity, and tight muscles. Examples: Baclofen, benzodiazepines like diazepam, lorazepam. Dantrolene sodium (Dantrium and Revonto). Diazepam (Valium). Tizanidine or Flexeril (muscle spasms). Botulinum toxin (injected). Intrathecal baclofen (implantable pump)
- Anticonvulsant: Medical professionals sometimes prescribe anticonvulsants for children who experience seizures. Examples of anticonvulsants medications include Clonazepam/Klonopin (benzodiazepines), Dilantin (phenytoin), Tegretol (carba-mazepine)
- Anticholinergic: Doctors sometimes prescribe anticholinergics to patients with involuntary muscle movements and excessive drooling. Examples are benztropine mesylate, Robinul, and Sinemet
- Anti-inflammatory: These medications might be administered for pain relief. Reducing inflammation also helps control the chronic pain that people with CP often face. Examples: Nonsteroidal anti-inflammatory drugs, steroids
While Ataxic Cerebral Palsy cannot be cured, understanding more about its symptoms and the importance of early intervention can significantly improve the life of a child living with this condition. It is essential to keep in mind that symptoms of ataxic cerebral palsy may evolve and require adjustments to be made to your child’s treatment plan.
Steps to Take After Your Child Suffers a Birth Injury
When your child is born, it should be among the happiest days of your life. Unfortunately, birth injuries caused by medical negligence or medical malpractice are a very real and major concern for mothers and their children. If you believe your child was injured at birth by the negligent actions of a healthcare provider, there are some critical steps you should take to protect your legal right to compensation.
The best step you can take is to contact an experienced Cerebral Palsy Injury Attorney with a history of helping families raising a child with cerebral palsy and other birth injuries and a track record of proven results.
If you do not immediately contact a birth injury attorney, here’s what you should do after your child suffers a birth injury:
- Ask your doctors and medical professionals for their complete names and contact information.
- Write down the names and addresses of all medical facilities and hospitals where you received pre-birth treatment or delivered your child.
- Gather as much evidence as possible (include copies of medical records or documents related to what happened during delivery).
- Save accurate records of your child's injuries (including medical bills, therapy expenses, and other injury-related costs).
- Hold onto all communication (emails, texts, notes) you have created or exchanged with medical professionals throughout the process.
- Keep a journal where you describe a timeline of events that occurred before, during, and after your child's birth.
- Document your child's injuries and any related effects (include pictures of bruises or stitches, keep track of weight gain or loss, and document any changes in behavior.)
- Collect detailed information about all medical procedures performed and offered to you.
- Record the names of any medications you were prescribed or took before giving birth.
- Write down any concerns you had during your pregnancy.
There can be a lot of complexity involved in birth injury cases. Once you've provided the support and care your child requires after a birth injury, you should contact a Birth Injury Malpractice Lawyer as soon as possible. Your medical malpractice attorney can evaluate your case, identify the evidence needed to prove liability and file a claim to seek compensation on your behalf.
Who Can Be Held Responsible after a Birth Injury
Some birth injuries are unavoidable, but when a birth injury occurs because an attending physician, labor and delivery nurse, hospital or other medical professional makes a negligent mistake, they can be held responsible. When a family begins to consider investigating a medical malpractice lawsuit, the first person they often look toward is the attending physician.
However, if a doctor or other medical professional present for the delivery is believed to be responsible for your child's Ataxic Cerebral Palsy, the medical facility that employs them can also be held vicariously liable for their employees' careless actions on the job. An experienced medical malpractice attorney can help you determine the party or parties responsible for your child's birth injury and resulting ataxic cerebral palsy.
Preventing harm to patients requires doctors, nurses, and other healthcare professional to provide and uphold a certain standard of care. When they fail in this obligation, they risk committing serious errors that may cause conditions such as Ataxic CP.
To hold a doctor liable for a birth injury, your attorney will have the task of proving:
- The doctor or healthcare provider owed you and your child a professional standard of care.
- They failed to meet that standard.
- The breach of this standard caused your child's ataxic cerebral palsy.
- There are damages, such as the cost of medical bills, related to the negligence.
One of the most challenging obstacles you will face raising a child with Ataxic CP is covering the high costs of medical care, therapy, special education, and other necessary treatments. If you suspect a preventable medical error caused your child's ataxic cerebral palsy, one or both of these parties may be held financially liable for any damages or losses associated with the injury.
Compensation Families Can Recover After a Birth Injury
Birth injuries are painful and can leave a profound impact on a victim for the rest of their lives. The costs of treating or managing symptoms of a birth injury can also be incredibly high. Victims of medical malpractice and their families have a right to seek financial compensation for their losses.
The compensation in a birth injury lawsuit is unique to each case. Seeking the advice of a skilled Cerebral Palsy Lawyer is your best option for determining the type of damages you should pursue based on the specific circumstances of your case.
Economic damages are the first category of damages victims can seek in a birth injury lawsuit. These include:
- Medical expenses (including the cost of any future medical and life care)
- Rehabilitation and therapy costs
- Lost income or wages (including future loss of income)
- The cost of assistive devices like wheelchairs or communication aids
- Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
- The cost of special education and tutors
- Home modification costs (such as ramps or accessible bathrooms)
Birth injury victims with ataxic cerebral palsy are also entitled to recover compensation for non-economic damages. Non-economic damages are not as simple to quantify as economic damages but are just as important. The purpose of awarding these damages to birth injury victims is to compensate them for the emotional impact the injury has had on their everyday lives.
Non-economic damages may include:
- Emotional pain and suffering
- Reduced quality of life
- Disfigurement and permanent scarring
- Mental anguish
- Paralysis
- Physical Impairment, Disability and Loss of Enjoyment of Life
- Loss of companionship, care, or support
Punitive or “exemplary damages" may also be awarded in some birth injury cases as a punishment for a defendants malicious or grossly negligent actions. These damages are intended to make an example out of the defendant and deter others from similar behavior in the future. The amount of compensation you are eligible to receive will depend on factors like how severe your child's condition is, the extent of medical negligence, and your family's needs.
After the devastating effects of a birth injury caused by medical malpractice, many families feel comforted knowing they have a strong advocate on their side to help them through the challenging legal process. One of our experienced Cerebral Palsy Attorneys at Miller Weisbrod Olesky can assess the circumstances of your case and determine the type of losses your family has faced and will likely face in the years ahead.
Statute of Limitations in Birth Injury Cases
The statute of limitation dictates how long a person has to file a medical malpractice lawsuit. The Statute of Limitations in Birth Injury cases vary from state to state. It is important to remember, however, that the statute of limitations based on the type of case being filed and where its being filed.
Additionally, when the party that injured you was:
- A Federal Employee
- Employed by a military hospital, Veterans Administration facility, or federally funded medical entity
You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA) and go through other administrative procedures before filing a lawsuit. In some states, the plaintiff in cases involving a local or state government hospital or a medical provider who is an employee of a governmental entity may have a shorter period of time in which they must give notice" before filing.
When preparing your case, it is critical that you consider these delays. If you fail to file a lawsuit before the deadline, you risk having your case dismissed and could become ineligible to collect compensation. Determining when your case must be filed can be tricky. A knowledgeable birth injury lawyer can file a claim on your behalf and ensure it's done on time.
Our nationally recognized birth injury lawyers understand how important it is for you to get the financial help you need for your child's injuries. We also know how a statute of limitations applies to claims filed in your state and are prepared to assist you in holding all negligent parties accountable through a medical malpractice lawsuit.
Talk to an Ataxic Cerebral Palsy Birth Injury Lawyer Today
If you suspect that a doctor or other healthcare provider's negligence is to blame for your child's ataxic cerebral palsy, you should consult with a birth injury lawyer who can help you determine if malpractice took place. At Miller Weisbrod Olesky, we understand how challenging it is to care for a child who lives with ataxic CP. Our team of cerebral palsy lawyers, nurses, and nurse-attorneys will thoroughly investigate the facts of your child's birth injury case to determine if medical negligence contributed to your child's injury.
As we work to seek justice for your family, our registered nurses and nurse attorneys can help you locate the right medical providers who can give your child the specialized care and treatment they need now. We pride ourselves on our passion for improving the lives of children who have suffered a birth injury caused by medical malpractice and have successfully represented medical malpractice clients in more than 20 states. For my information about your rights and legal options, schedule a free case review with one of our birth injury lawyers by calling our toll-free line at (888) 987-0005 or filling out our convenient online form below.
Contact Miller Weisbrod Olesky Today
Meet Our Birth Injury Attorneys
Les Weisbrod
Les Weisbrod has been on the cutting edge of the national birth injury litigation scene for almost 40 years.
As a national birth injury attorney, Les has settled over 204 medical negligence cases for more than $1,000,000. He also obtained settlements in 75 birth injury cases for over $1,000,000 each.
His $31 million verdict against Baylor University Medical Center in Dallas was one of the top 100 verdicts in the United States that given year.
Les is recognized nationally and internationally as one of the top plaintiff’s medical malpractice trial lawyers in the United States. But the recoveries for the clients and the differences made in the lives of the children and families Les has represented tell only part of the story.
Les has worked with his law partner Clay Miller for years to build a one-of-a-kind law firm.
Miller Weisbrod Olesky provides unique and unparalleled services to families of birth-injured and brain-injured children from the moment the firm decides to take the case.
The registered nurses and registered nurse-attorneys on staff are valuable team members who assist Miller Weisbrod birth-injury clients. Les has designed a system where each birth injured child is assigned a nurse-attorney liaison to guide them through the process of medical treatment/evaluation, therapies, home assistance, and quality of life improvement.
Miller Weisbrod’s unmatched service allows families to better cope with the immediate challenges facing our young clients.
Birth-injured children and their families are Les and Miller Weisbrod’s priority.
Les and the attorneys at Miller Weisbrod fight for the justice their clients are entitled to under our nation’s system of justice.
This fighting spirit has taken Les across the United States to represent clients in birth injury and medical negligence cases. In fact, he has personally handled cases not only in Texas but also in Arkansas, Arizona, Colorado, Oklahoma, Louisiana, Utah, Iowa, Ohio, Oregon, Montana, Alabama, Georgia, Florida, and New York.
Les and Miller Weisbrod continue to expand their reach of helping brain-injured children to new states each year as we strive to bring a sense of justice to each affected family. And Les is not the only one who notices he fights for his clients.
Michael Rustad, a Professor of Law at Suffolk University Law School in Boston who has done extensive research on punitive damage awards, says,
“Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.”
Also, a well-known defense medical malpractice attorney dubbed Les Weisbrod the “pitbull” of the Texas medical malpractice bar in a media profile of Les published by a major newspaper.
Les shares his experience and knowledge to improve the representation of all birth-injured children and their families.
In the early 1990s, Les recognized that a more focused effort needed to be made to educate attorneys who handle birth injury cases. As a result, Les was the founding Co-Chair of the American Association for Justice (AAJ) Birth Trauma Litigation Group in 1991. He also was a founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999 and served as Chair of AAJ’s Professional Negligence Section in 1996.
Combined, these groups have put on more than a hundred continuing education seminars across the United States. helping to educate other attorneys by bringing in world-renowned experts in the fields of:
- labor and delivery
- neonatal care
- the care and treatment of birth-injured children, including those suffering from cerebral palsy and hypoxic-ischemic encephalopathy (HIE)
Education and professional experiences back up his dedication to helping children and families harmed by medical malpractice.
Les received his B.A. magna cum laude in 1975 from Claremont Men’s College and his J.D. in 1978 from Southern Methodist University Law School.
He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.
Les was a past president of the Dallas Trial Lawyers Association in 1993. He has been a member of the Texas Trial Lawyers Association Board of Directors since 1990.
His work with the American Association for Justice (AAJ) (formerly ATLA) includes serving as President, President-Elect, Vice President, Secretary, Treasurer, and Parliamentarian. Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and the 17-member Executive Committee of AAJ since 2001. In 1990, he was chosen as a Rising Star of the ATLA and presented a paper entitled “Dirt and Greed: A New Look at Medical Malpractice Cases.”
Les has written and lectured extensively on birth injury litigation, medical malpractice, and medical product topics.
Les is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins. He also co-authored the “Drugs & Medical Devices” chapter in AAJ’s Litigating Tort Cases.
He also has lectured to lawyer groups across the U.S., Canada, England, and Australia.
Education
- Southern Methodist University - School of Law, J.D. - Dallas, Texas, 1978
- Claremont Men's College - B.A. - Claremont, California, 1975
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
- Products Liability
- Personal Injury
Associations & Memberships
- State Bar of Texas
- National Association Of Distinguished Counsel
- Million Dollar Advocates Forum
- Multi-Million Dollar Advocates Forum
- American Association for Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Pan-European Organization of Personal Injury Lawyers
- American Society of Law and Medicine
- Consumer Attorneys of California
- Arkansas Trial Lawyers Association
- Louisiana Trial Lawyers Association
- Dallas and American Bar Associations
- ABOTA (American Board of Trial Advocates)
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000 jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
David Olesky
David Olesky is Vice Chair of the Health Care Professional Liability practice. David is a trial lawyer focusing his practice on complex litigation matters that involve defending and protecting clients in all types of cases related to catastrophic injuries or death, but with a special focus on birth injury cases. David regularly advises his health care clients on the issues and challenges that they face on a daily basis. Clients repeatedly look to him for guidance to handle such high stakes cases and matters in Texas and jurisdictions outside of Texas.
David has earned the trust and reliance of clients he has worked with by consistently getting the results that matter most to them, whether that is a win at trial or a favorable outcome through alternative dispute resolution outside the courthouse. Through his representation, David demonstrates a true loyalty and hardworking commitment to the clients that he serves.
David believes the foundation of any client relationship is to act as a trusted advisor instead of simply as a litigator. Clients value his earnest representation of their business interests, accompanied by a devotion to understanding their businesses, prompt attention to their immediate needs and the challenges they face in their individual roles.
Education
- Southern Methodist University Dedman School of Law, J.D., 1992 - Dallas, Texas
- University of Texas, B.B.A, 1989 - Austin, Texas
Areas of Practice
Associations & Memberships
- American Bar Association
- Dallas Bar Association
- Dallas Bar Foundation Fellow
- Texas Bar Association
Alexandra V. Boone
Alexandra Boone is a partner in Miller Weisbrod. She concentrates her legal practice in the area of birth injury, medical malpractice and mass tort products liability. Alex currently works directly with firm partner Les Weisbrod in managing the birth injury docket and working with the firm’s highly qualified expert witnesses in the review of potential cases. Alex also litigates her own docket of medical negligence cases.
Over the course of her 17 years with the firm, Alex has focused on the administration and prosecution of mass tort litigation, originally focusing on occupational toxins, but more recently in the area of pharmaceuticals and medical devices. In the past, she has actively pursed cases involving hormone therapy, Vioxx, Fosamax, and Reglan. Alex was also instrumental in our firm successfully resolving thousands of cases transvaginal mesh, hip prosthetics, and the blood thinner Xarelto. She is actively prosecuting over 1,000 cases.
In addition to being a member of the Texas bar, she is also licensed in Oklahoma and is a member of the American Association of Justice, Texas Trial Lawyers Association, Oklahoma Association of Justice and the Dallas Trial Lawyers Association.
Education
- Baylor University - School of Law, 1996, J.D. - Waco, Texas
Areas of Practice
- Products Liability
- Mass Tort
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Oklahoma Association of Justice
- Dallas Trial Lawyers Association
Pro Bono Activities
- East Texas Legal Services/Nix Law Firm Pro Bono Project, 1996 - 1997
Robert Wolf
Robert E. Wolf was born in Dallas, Texas and graduated Magna Cum Laude as a proud horned frog from Texas Christian University in 1997, with Bachelor of Science degree in Political Science and was inducted into Phi Beta Kappa and Mortar Board. He obtained his law degree from Southern Methodist University in 2000 while serving as an Articles Editor for the International Law Review and winning awards at Mock Trial and Appellate competitions.
Robert has been named a Thomson Reuters | Texas Super Lawyers Rising Star (less than 2.5% of attorneys in Texas receive this distinction) in 2011, 2012, 2013, 2014, and 2015. Further, Robert was recognized as a National Trial Lawyers Top 40 Under 40 attorney for Texas in 2012 (no more than 40 attorneys in Texas are eligible for this award annually).
Robert brought his passion for and over 14 years of experience of representing seriously injured individuals and their families to Miller Weisbrod in January 2015, and has concentrated his legal practice in the area of medical malpractice, products liability, and pharmaceutical/mass tort litigation. He is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
In addition to many successful jury verdicts and settlements across Texas, Oklahoma, Iowa, Wisconsin, and Idaho, Robert’s role as an attorney representing victims and their families has led to numerous changes to key safety practices and policies and procedures at corporations and medical facilities.
Robert and his wife Suzy also get plenty of exercise trying to keep up with their precious and very active daughter.
Education
- Southern Methodist University - Dedman School of Law, J.D. - 2000 - Dallas, Texas
- Texas Christian University - B.S. Political Science - 1997 - Fort Worth, Texas
Areas of Practice
- Medical Malpractice
- Personal Injury
- Products Liability
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Carrie Vine
Carrie Lynn Vine has over 15 years of experience in medical malpractice litigation, with a particular focus in representing children and families who have suffered birth injuries as a result of the negligence of either doctors, nurses or hospitals.
She is a passionate advocate for her clients and has handled hundreds of birth injury and birth trauma cases throughout the United States. As part of Carrie’s national birth injury legal practice, she has handled cases in Texas, Arkansas, California, Nevada, Kentucky, Georgia, Illinois, Wisconsin, Ohio, Pennsylvania, North Carolina, South Carolina, Florida, and North Dakota. She is determined to seek justice and works to obtain fair compensation for the children and families she represents.
Carrie earned her law degree from Northern Illinois University where she tutored other law students. Prior to law school, she received her undergraduate degree from the University of Notre Dame in Biomedical and Biological Science, and earned both a Master’s Degree and a Ph.D. from The Pennsylvania State University in Anthropological Genetics. She then conducted post-doctoral research at the University of Michigan Medical School before deciding to attend law school. She applies an academic mindset and love of science and medicine to mastering the medical principles and literature relevant to the cases she pursues.
Carrie is an active member of the American Association of Justice as well as the Birth Trauma Litigation Group (BLTG).
Education
- Northern Illinois University:
Law School
- University of Notre Dame:
Biomedical Science
- Pennsylvania State University:
Anthropological Genetics
Areas of Practice
- Birth Injury/Birth Trauma
- Medical Malpractice
Associations & Memberships
- American Association of Justice:
Member
- Birth Trauma Litigation Group:
Member
Larry Lassiter
Lawrence R. Lassiter is an AV-rated attorney with more than twenty years of experience in appellate and trial advocacy. He has been consulted by attorneys across the country to conduct research, evaluate cases, prepare appellate and trial briefs, and formulate litigation strategy. He has prepared hundreds of appellate briefs in federal and state appellate courts, including the highest courts of Texas, West Virginia, Georgia, Oklahoma, Ohio, Nebraska and Tennessee, and he is member of the Bar of the United States Supreme Court. Larry has a national appellate and legal briefing practice. Larry has filed extensive briefs and/or argued before either state or federal courts in 30 out of 50 states in his career.
Larry assists the Birth Injury team in all aspects of legal briefing. Unlike many other birth injury firms across the United States, Miller Weisbrod has an attorney dedicated to handling legal briefing on behalf of our clients across the country. Larry has handled extensive briefing in birth injury and other medical malpractice cases in Texas, New Mexico, Arkansas, Oklahoma, Iowa, Ohio, Alabama, Georgia, New York, Utah, Arizona, Louisiana and West Virginia.
Since joining Miller Weisbrod in 2010, Larry has won a number of important victories vindicating the rights of our clients in both state and federal appellate courts, including Vitacost.com, Inc. v. McCants, 210 So.3d 761 (Fla. Ct. App. 2017); TTHR Ltd. Partnership v. Moreno, 401 S.W.3d 41 (Tex. 2013); In re E.B., 729 S.E.2d 271 (W. Va. 2012); Mid-Continent Cas. Co. v. Davis, 683 F.3d 651 (5th Cir. 2012); Rouhani v. Morgan, 2017 WL 3526719 (Tex. App. – Houston [1st Dist.] 2017, no pet.); Mid-Continent Cas. Co. v. Andregg Contracting, Inc., 391 S.W.3d 573 (Tex. App. – Dallas 2012).
He was as a judicial clerk for the Honorable Harlington Wood Jr., Circuit Judge, United States Court of Appeals for the Seventh Circuit. Larry was a University of Iowa Presidential Scholar and served as Editor in Chief of the Iowa Law Review.
Larry is an active member of the American Association for Justice. He is a member of AAJ’s Birth Injury Litigation Group and Medical Negligence Sections.
Education
- University of Iowa - Political Science & History - B.A. - Iowa City, Iowa
- University of Iowa - School of Law - J.D. - Iowa City, Iowa
Areas of Practice
- Appellate Advocacy
- Medical Malpractice
- Pharmaceuticals & Medical Devices
- Products Liability
- Personal Injury
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Laurie Pierce
Laurie draws upon extensive experience in state and federal courts with a focus on complex claims involving medical malpractice cases. After many years of defending health care providers and hospital systems in medical malpractice cases, Laurie joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
Laurie’s focus is to understand not only the facts and circumstances of the matter at hand, but to understand the specific needs and goals of the client and their unique business considerations. Her extensive background in commercial litigation provides a foundation that enhances her health care litigation practice. She works with clients that require more than a strong trial lawyer; they expect an attorney who understands the relationship between law and their specific business and who will work tirelessly to protect their rights, interests and bottom line.
Education
- Southern Methodist University:
Dedman School of Law - 1992
- Order of the Coif:
Journal of Air Law and Commerce, J.D. - 1992
- Miami University-Oxford, Ohio
B.S. Education - 1982
Areas of Practice
- Birth Injury/Birth Trauma
- Health Care Industry
- Health Care Litigation
- Litigation and Dispute Resolution
- Medical Malpractice
Associations & Memberships
- American Association for Justice
- American Bar Association
- Dallas Bar Association
- Dallas Bar Foundation Fellow
- Texas Bar Association
Distinctions
- Admitted to Pro Bono College of State Bar of Texas in 2019 for outstanding delivery of legal services to low-income Texans
Court Admissions
- United States Supreme Court
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Northern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
- University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
- University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- Texas Bar Association
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children. Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions. Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Education
- SMU Dedman School of Law - Dallas, Texas
- University of Texas at Arlington - Arlington, Texas
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
Matt Adair
Matt Adair is an attorney specializing in medical malpractice, products liability, and pharmaceutical litigation. He received his bachelor’s degree in Philosophy from the University of Notre Dame. During his time there, he studied abroad at the New College at Oxford University in Oxford, England.
Matt is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
Education
- University of Notre Dame - Philosophy, B.A. 2012 - Notre Dame, Indiana
- Baylor University - School of Law J.D. 2015 - Waco, Texas
Areas of Practice
- Medical Malpractice
- Products Liability
- Pharmaceutical Litigation
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Garrett Stanford
Garrett Stanford was born in Dallas, Texas and graduated from Southern Methodist University in 2017 with a B.A. in Political Science. After graduation, he attended Baylor University School of Law. During his time at Baylor, he was a member of the Order of the Barristers and he won the Judge W.C. Davis Endowed Criminal Practice Professional Track Award. He obtained his law degree and license to practice law in 2020.
Garrett joined Miller Weisbrod in August 2021. His legal practice is concentrated in the area of birth injury and medical malpractice. Garret is actively involved in handling birth injury and medical malpractice cases in Texas, Ohio, Utah, Arkansas and Oklahoma.
Education
- Southern Methodist University - Political Science, B.S. - Dallas, Texas
- University of Baylor - School of Law, J.D. - Waco, Texas
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- State Bar of Texas
Meet our Legal Nursing Team
Linda Chalk
As a registered nurse, Linda practiced ICU nursing for 44 years while caring for a wide range of patient conditions. She has worked closely with founding partner Les Weisbrod for over 30 years, investigating and pursuing birth injury cases.
Along with DJ Weisbrod, Linda heads up the firm’s birth injury intake, screening, and medical literature research team. She personally screens all potential cases to ensure that medical issues have been addressed before we file lawsuits on behalf of birth-injured children and their families.
DJ Weisbrod
Before joining Miller Weisbrod, DJ practiced as a surgical nurse in various hospital and operative settings. She has been with the firm over 30 years.
DJ directs Miller Weisbrod’s birth injury intake and medical screening team. She has also served as firm founder Les Weisbrod’s trial nurse for all cases involving medical negligence and birth injury.
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
- University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
- University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Areas of Practice
- Birth Injury/Birth Trauma
- Medical Malpractice
Associations & Memberships
- Texas Bar Association
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children.
Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Kelly Kunkel
Kelly Kunkel was born and raised in Dallas, Texas. She has 15 years’ experience in hospital based High Risk Obstetrics and Labor and Delivery bedside nursing care. Kelly graduated with an Associate’s Degree in Nursing from El Centro College in December of 1990 and received her Bachelor’s Degree in Nursing from West Texas A & M University in 2008; graduating with honors.
In addition, Kelly has over 25 years’ experience in medical malpractice case management and litigation and has worked with David Olesky for over 22 years. After many years of assisting in defending healthcare providers and hospital systems in medical malpractice cases involving complex litigation matters related to birth injury, catastrophic injury and death, Kelly has proudly joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.