Soon-to-be parents anticipate the arrival of their baby with tremendous excitement; unfortunately, for some families, that excitement can quickly turn to grief if their newborn or an expecting mother suffers an injury due to the negligence of a delivery room doctor, labor and delivery nurse or other healthcare professional. At each stage of labor and during delivery, doctors like obstetricians, nurses, and other medical providers must be prepared to promptly address birth complications.
When the hospital staff make mistakes that jeopardize the health of a mother or her baby, it can be emotionally and financially devastating for the family. At Miller Weisbrod Olesky, our experienced birth injury lawyers are committed to helping families take legal action against negligent doctors, hospitals, and other healthcare professionals. We have handled a wide variety of birth injury malpractice cases and are equipped to navigate the specific needs of your case.
Common Delivery Room Errors
During labor and delivery, obstetricians, maternal-fetal medicine specialists and nurses have a responsibility to constantly monitor a mother and her child and respond to any issues or complications in a timely manner.
When problems arise, hospital staff, doctors, or other healthcare professionals must ensure the safety of a pregnant mother and her baby by making quick and accurate decisions. Sadly, there are cases when accidents happen in the delivery room that can lead to preventable injuries.
Delivering babies requires a high level of care and precision. For this reason, before healthcare professionals are allowed to take part in this process, they must undergo years of extensive formal education and training.
The possibility of negligent injuries sustained by a childbearing woman may be several times higher than that sustained by a newborn; however, newborn injuries are usually much more severe.
In the same study, the Hospital Trainer Association found that 60% of studied deaths from preeclampsia could have been prevented had it not been for the failure of doctors and other medical staff to control blood pressure or recognize other emergencies.
When a doctor or other healthcare professional makes costly mistakes in the delivery room, the lives of a pregnant mother and her child may be forever altered. If you or your baby were the victim of a delivery room error, it is crucial that you reach out to a Birth Injury Lawyer as soon as possible. The Birth Injury Attorneys at Miller Weisbrod Olesky have a long history of successful results handling birth injury cases Nationwide.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.
Lyric, C.
Mother of Miller Weisbrod Olesky Client
Birth Injuries Caused by Delivery Room Errors
Birth injuries can occur any time before, during, or shortly after a baby is born. Some examples of injuries a mother might suffer as a result of mistakes made by negligent healthcare professionals during labor or delivery include:
Preeclampsia: a complication of pregnancy that occurs when a pregnant woman develops high blood pressure. When a doctor (like an obstetrician or maternal-fetal medicine doctor (MFM) ) fails to diagnose and treat preeclampsia in a timely manner, it can cause severe cognitive problems in the mother or potentially result in cerebral palsy.
Failure to Respond to Fetal Distress: A mother’s body supplies nutrients and oxygen to their baby before they’re born. Contractions temporarily block the amount of oxygen being transmitted to the baby. Long-term oxygen deprivation can cause a baby to go into fetal distress. Babies can suffer a birth injury, including cerebral palsy and hypoxic-ischemic encephalopathy (HIE), as a result of fetal distress. If signs of fetal distress are present and doctors (including obstetricians and maternal-fetal medicine specialists), midwives, nurses, and other people caring for the mother fail to recognize them and deliver prompt treatment, the damage can be catastrophic.
Prolonged Labor: Labor that lasts for many hours without progress is considered prolonged labor. Typically, a woman’s labor is considered prolonged if contractions last more than 20 hours for first-time mothers and 14 hours for mothers who have previously given birth. When a mother suffers due to prolonged labor, the baby may experience oxygen deprivation, which could cause the baby to develop Hypoxic-Ischemic Encephalopathy (HIE).
Neonatal brain damage caused by HIE can lead to cerebral palsy, developmental delays, epilepsy, and issues with cognitive function. Given these potential repercussions, it is imperative for doctors and other staff caring for the mother to monitor the mother and her child to look for signs of fetal distress.
When a mother arrives at the hospital, nurses and other medical staff members should start by checking her vital signs and attaching a fetal monitor to the scalp of the fetus. Next, they should monitor the time and strength of contractions and conduct an ultrasound to determine the fetus’ size and position.
Delayed C-section: The leading cause of malpractice-related birth injury is delayed C-sections or failure to schedule a C-section. An emergency C-section should be performed immediately when the baby begins to show signs of fetal distress that are not corrected quickly. Failing to properly monitor for fetal compromise and perform a C-section when necessary put the baby at risk of developing HIE. The brain damage caused by HIE can result in developmental delays, cerebral palsy, intellectual disabilities, and produce seizures.
Improper use of Anesthesia: when doctors and nurses fail to properly monitor a mother's blood pressure, heart rate, and oxygen levels after administering anesthesia this may cause a drop in the baby’s heartrate and lead to a lack of oxygen also known as hypoxia (decreased oxygen) or anoxia (complete lack of oxygen)
Delays in Recognizing a Uterine Rupture: a uterine rupture is an obstetric emergency which will cause significant blood loss, putting the lives of a mother and her child at risk. When a doctor fails to perform surgery in a timely manner to stop the bleeding, it can result in serious injuries or even be fatal for the baby, the mother, or both. As soon as a medical professional suspect’s uterine rupture, they should stabilize the mother immediately, deliver the baby as quickly as possible, and repair the torn uterus when the baby is successfully delivered.
Healthcare professionals trained in labor and delivery are legally responsible for protecting their patients and keeping them safe. Their failure to uphold an expected standard of care can result in serious injury to the baby or a pregnant mother. Some birth injuries may be mild, like bruising, while others can be devastating and cause permanent injury.
Common Birth Injuries Sustained by Newborns
Cerebral Palsy: Damage to a baby's brain during the birthing process is the most common cause of cerebral palsy. Medical errors that can cause cerebral palsy include failing to respond to fetal distress, failing to detect issues with the umbilical cord, and failing to detect fetal hypoxia (oxygen deprivation).
Hypoxic Ischemic Encephalopathy (HIE): A baby may develop HIE if their brain doesn't receive enough oxygen or blood flow during pregnancy, labor, delivery, or in the postnatal period. Some examples of medical mistakes that may result in HIE include errors in fetal heart rate monitoring and improper use of labor-inducing drugs like Pitocin.
Caput Succedaneum: This condition results from pressure to the head during a difficult labor or delivery process in which a doctor uses birth-aiding tools like forceps or vacuum extractors. In some cases, when a doctor is trying to dislodge the infant, they may use too much force with a vacuum or forceps and impact the baby's skull, causing severe swelling. Typically, the swelling is temporary and has no lasting impact. However, there are cases where severe swelling does not subside and may result in permanent brain injuries.
Shoulder Dystocia: this birth injury occurs when a baby's head comes out during vaginal delivery, but their shoulder becomes caught on the mother's public bone. To dislodge the baby's shoulder, medical professionals must take the necessary steps by performing certain maneuvers or interventions to resolve the issue during delivery. Complications from shoulder dystocia can cause permanent disfigurement, Erb's palsy, or brachial plexus injuries.
Spinal Cord Injuries: When an infant experiences excessive force during labor and delivery, it may result in spinal cord damage. Depending on what section of the spine is affected, this type of birth injury can lead to paraplegia or quadriplegia. A spinal cord injury may occur due to excessive strain being put on a child's neck if a doctor forcefully pulls on their neck or inappropriately uses tools to dislodge the child from the birth canal. When damage to the spine before birth is undiagnosed, it may also result in a spinal cord injury during delivery.
Erb's Palsy: also referred to as brachial plexus palsy, this condition often occurs due to excessive stretching or pulling on the baby's head, shoulder, neck, or limbs during delivery, causing the nerves to stretch or tear. For example, a doctor or midwife might try to release a larger baby or a baby in a breech position by pulling too hard on their arms, injuring the nerves in their shoulders and neck.
If an injury to the mother or her baby occurs before, during, or after delivery, the victim's family may be able to pursue a claim for negligence against the doctor, hospital, or other attending healthcare professional. Our team of skilled Birth Injury Lawyers at Miller Weisbrod Olesky are prepared to review your case and help you determine the damages you may be able to secure to cover medical expenses, treatment, and other lifelong costs associated with you or your child's injuries.
4 P's of Labor and Delivery Problems
Birth is a complex and delicate event that requires all Four Aspects of the Birth Process (power, passenger, passage, and psyche) to work together in synchronicity to achieve a successful delivery.
Four Main Components of the Birth Process
Power: The strength of uterine contractions and additional efforts for pushing. Contradictions leading to normal progress must be strong and regular enough to dilate the cervix and aid the descending fetus.
On the flip side, if contractions are too weak or not regular enough, a medical professional may recommend a labor-inducing drug like Pitocin to increase the strength and frequency the contractions and help the mother push the fetus through her pelvis. Careful electronic fetal monitoring is required when contraction inducing drugs are administered.
Passage: The passage an infant takes during labor through the maternal pelvis. The top opening of the pelvis (the pelvic inlet) is the part the baby's head first enters through.
The lower border of the pelvis (the pelvic outlet) is where the infant's head exits the mom. For the child to maneuver comfortably through the pelvis, these dimensions must be sized sufficiently and adequately assessed by a medical professional during labor.
Passenger: The fetus, placenta, and assessment of the size, position, and relationship of the fetal parts to one another. The baby must be positioned properly to make it through the pelvis unharmed.
If the baby is mal-positioned, the baby will have trouble fitting through the passageway, and a doctor may recommend a C-section. Doctors and other healthcare professionals are responsible for remaining aware of any underlying conditions that may lead to concerns with the labor progress.
Psyche: The mother's emotional state during labor. If the mother is afraid, feels unsafe, or unsupported, it can affect the progress of labor. For some mothers, the level of stress and underlying anxiety during the process is so intense that a medical professional may recommend avoiding a vaginal birth and scheduling a C-section.
When a mother is in a good emotional state and has adequate support during labor, the other 3 Ps will sync up, and the mother will have a greater chance of experiencing a peaceful delivery. It is crucial to remember that babies are strongly intuitive, and a mother whose psyche is healthy and strong will lend itself to a good birth and a baby's sense of safety outside of the womb.
For a baby to be delivered into the world in the way they are intended, all four P's must work properly and in concert with one another. A mother's movement, position, the support of her healthcare providers, and medical intervention can influence the four P's and any issues that may arise during labor.
Additionally, a medical provider's negligence may affect any part of this process. Some examples that can result in adverse outcomes for both the mother and the baby include inadequate monitoring of fetal distress, improper use of delivery tools, or mismanagement of the birthing process.
Who Can Be Held Responsible After a Birth Injury?
In the healthcare of a pregnant woman and her child, many people play a pivotal role and have a responsibility to uphold an acceptable standard of care when treating and guiding their patients.
Understanding who can be held responsible requires the expertise and assistance of a skilled legal professional who will conduct a thorough investigation of the circumstances surrounding the birth injury.
The following are some of the people and/or facilities who can be held responsible for committing negligence in medical practice:
Obstetricians
Other obstetric professionals
Anesthesiologists
Pediatricians, including pediatric neurologists
Midwives
Nurses
Labor and delivery nurses
Neonatal nurses and aids
Neonatologists
Respiratory therapists
Hospitals
Hospital administrators
Other hospital staff members
Maternal-fetal medicine specialists
Laboratory staff
Although the attending physician is typically the first person considered in a medical malpractice lawsuit, nurses, physician assistants, and other hospital staff members may also share in the liability for having caused or contributed to your or your child's injuries.
Additionally, the responsible healthcare professional's employer, including clinics or hospitals, might be held vicariously liable for the actions of its employees. For example, a hospital may be held vicariously liable if they fail to make reasonable inquiries into an applicant's education, training, or licensing or do not investigate the credentials of an attending physician before allowing them to treat patients.
Entire healthcare systems may also be found responsible if their systems policies fall below the standard expected by law. Hospitals can be directly liable for their own negligence if they fail to maintain proper medical records, employ improper policies, or do not ensure that there are always enough nurses or support personnel on hand to maintain quality care for all patients.
Types of Negligence in a Birth Injury Case
Although there are inherent risks associated with labor and delivery, doctors and other medical professionals responsible for facilitating this process are obligated to perform their duties according to an expected and acceptable standard of care.
When medical professionals fail to take reasonable steps to avoid preventable injuries, the injured party may have legal grounds to pursue a medical malpractice lawsuit against them. Birth injury lawsuits are notoriously complex and involve a range of challenging legal and medical issues.
Did the attending obstetrician, neonatologist, pediatrician, or nursing staff behave negligently or recklessly?
Did a birth injury result from that negligence or substandard care?
Although each birth injury case is unique, and there is a wide range of individual circumstances behind birth injury malpractice lawsuits, in terms of evaluating whether a birth injury was caused by the failure of a medical professional to meet their duty of care, the injured victim will have to present evidence that proves the existence of the following legal elements.
The duty of care: The plaintiff (injured child represented by their parent or guardian) must establish that a provider-patient relationship existed at the time of the birth injury. Once this is established, the defendant (the doctor or other healthcare professional) is expected to uphold an acceptable standard of care while they treat the patient.
Breach of the standard of care: The next element that the plaintiff must establish is that the healthcare provider was negligent and delivered care that fell below what would have reasonably been expected from a reasonable provider in the same field and under similar circumstances or failed to deliver the reasonable care under the circumstances.
Causation: The plaintiff must present evidence showing the negligent care they received from the defendant was the cause or contributing cause of their child's birth injuries. This is typically accomplished with evidence such as expert testimony, medical records, and eyewitness statements.
Damages: The final element the plaintiff must show is that the defendant's negligence caused them to suffer compensable damages, including the birth injury itself. Some examples of damages might include the cost of physical therapy, injury-related medical expenses, emotional trauma, and mental anguish. A medical malpractice attorney will work with medical experts and investigators to gather key pieces of evidence and build a strong case of liability on your behalf.
When navigating the complicated process of proving negligence in a birth injury medical malpractice case, it is essential that you reach out to a birth injury lawyer with extensive experience handling cases involving birth injuries to mothers and their babies. The birth injury legal team at Miller Weisbrod Olesky is prepared to aggressively pursue the compensation you are entitled to receive and represent your best interests in court if necessary.
Evidence Needed to Prove Birth Injury
Substantiating the cause of a birth injury will depend on many different types of evidence, witness statements, and testimony from medical and financial experts. To file a successful medical malpractice claim, you should contact a knowledgeable birth injury lawyer who can compile the following evidence on your behalf.
Medical records for the mother and the child (including records of the baby's birth injury and any subsequent care)
Medical bills for the cost of any injury-related treatment
Hospital orders, policies, and records
Employment records (doctors, nurses, and other medical staff)
Physician, nursing, and operative notes
Lab tests and any lab imaging work
Past complaints filed against the defendant
Witness testimony from anyone involved in the delivery
Expert testimony from various medical professionals (obstetricians, nurses, anesthesiologists, financial experts, etc.)
Collecting this type of evidence can help paint a picture of your labor and delivery and show how medical errors contributed to you or your child's injuries. If you or your child have suffered from a birth injury, your attorney will review the facts of your case to determine whether you may be able to fulfill the elements of malpractice and file a successful claim.
Types of Damages Available in a Birth Injury Claim
Birth injuries often lead to immense emotional stress and financial strain for victims and their families. Unfortunately, many families are not prepared for the cost of long-term care associated with a birth injury. If you or your child suffered a birth injury that resulted from a preventable medical mistake, you may be eligible to pursue financial compensation to help cover the cost of current and future expenses.
The cost of mobility aids (wheelchairs, crutches, and walkers)
Costs associated with a caregiver or home nurses
The cost of medications, surgeries, or other specialist treatment
Non-economic Damages
These damages focus on the emotional and mental strain of the birth injury and the impact that it's had on the victim's daily life.
Physical pain endured by a mother or her child
Emotional or mental anguish
Loss of consortium
Loss of enjoyment of life
Disfigurement and scarring
Post-traumatic stress disorder (PTSD)
Permanent disabilities
Medical Malpractice Statute of Limitations
The statute of limitations is a law that strictly limits the time a plaintiff (injured victim) has to file a medical malpractice lawsuit and seek compensation for harm or injuries. It is essential to keep in mind that the statute of limitations varies by state and the type of lawsuit you're filing. Additionally, certain exceptions to the statute of limitations should be considered.
One such exception is the discovery rule, which prevents that statute of limitations from running until the plaintiff discovers or should have discovered through reasonable diligence that they sustained an injury. Every second counts if you're considering legal action against a negligent medical professional or hospital.
Consulting with a qualified birth injury attorney as soon as possible who can advise you on what the limitations period is on your claim can help you avoid missing your chance to recover compensation for your injuries and losses.
Were You or Your Family Harmed by Mistakes Made During Labor and Delivery?
If you or your baby were victims of medical errors made during labor or delivery, do not hesitate to reach out to a skilled birth injury attorney who can help protect your legal rights and fight for the justice you deserve. At Miller Weisbrod Olesky, our team of birth injury malpractice lawyers, registered nurses, and nurse attorneys have years of experience handling birth injury claims and are dedicated to representing you and your child to the best of our ability.
Our nationally recognized birth injury attorneys have earned a reputation for providing aggressive representation to birth injury victims and an impressive record of successful outcomes to prove it. We recognize the challenges that victims of a birth injury and their families face, which is why we proudly go the extra mile to protect families in their times of need and seek compensation to provide them with a more peaceful life moving forward.
Have questions about your case? Find out how our birth injury lawyers can help by scheduling a free case review. Contact us today by calling our toll-free number at 888.987.0005 or filling out the online form below.
Free Birth Injury Lawsuit Consultation
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 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
Bar Admissions
Texas
Arkansas
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 $26,500,000jury 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.
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
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
Bar Admissions
Texas - 1996
Oklahoma - 2006
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
Bar Admissions
Texas - 2000
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
Bar Admissions
Texas
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
Bar Admissions
Texas - 1996
Kansas
Missouri
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.
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
Bar Admissions
Texas - 1996
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
Bar Admissions
Texas - 1996
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
Bar Admissions
Texas - 2015
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
Bar Admissions
Texas - 2020
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.
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
Bar Admissions
Texas - 1990
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.
