What is Fetal Distress?
Understanding Birth Injuries Caused by Fetal Distress
For many years, the term “fetal distress” has been used to indicate that a baby is not getting enough oxygen prior to birth. However, the American College of Obstetricians and Gynecologists recommends that physicians use the term “non-reassuring fetal status” instead. In this work, we will use the terms interchangeably.
Signs of Fetal Distress
- Abnormal Fetal Heart Rates & Rhythms
- Slow Fetal Heart Rate
- Decreased Fetal Movement
- Low Amniotic Fluid
- Excessive Amniotic Fluid
- Vaginal Bleeding
- Cramping
- Fetal Growth Restriction
Before birth, babies receive nutrients and oxygen from their mother’s body. During contractions, the amount of oxygen transmitted to the baby is temporarily blocked. When oxygen deprivation is prolonged, babies can go into fetal distress.
The conditions that lead up to fetal distress may be complicated, but the signs are well known to medical staff. Proper monitoring of both mother and baby should identify the danger and trigger medical staff to respond with swift, appropriate treatment.
But when medical professionals fail to diagnose, ignore or mismanage fetal distress, the result for the baby can be they suffer from:
- “Asphyxia” which means a lack of oxygen
- “Hypoxia” which means decreased oxygen
- “Ischemia” meaning oxygen is deprived from key organs leading to tissue death
- “Acidosis” this means high levels of acid in a baby’s blood. This is a result of the lack of oxygen or prolonged hypoxia. “Blood gas” tests after the birth of a baby are done to determine whether or not a baby is acidotic. Acidosis can cause brain injury and injury to other organs of the baby
As a result of fetal distress and acidosis a baby can suffer a birth injury including hypoxic-ischemic encephalopathy, cerebral palsy, seizure disorders, developmental delays, and even death.
Children can sustain birth injuries due to medical negligence or malpractice. They usually require expensive medical treatment, medication, surgeries, therapies, caregiving, and assistive technology. With the help of a skilled birth injury attorney, the parents of children who have incurred permanent injury from fetal distress may receive compensation from the medical professionals who failed their child.
What can cause fetal distress?
Fetal distress encompasses a wide range of conditions, although everything relates back to fetal oxygenation.
Some risk factors are apparent early in pregnancy, requiring close attention and additional testing by doctors. Treatment could greatly reduce the chance of fetal distress. At the very least, the medical professionals caring for the mother can increase monitoring and treat the baby as soon as possible after birth.
Doctors (including obstetricians and maternal-fetal medicine specialists), midwives, nurses, and other people caring for the mother should pay close attention to the following:
- Current medical conditions: The babies of mothers with conditions like diabetes, heart disease, and high blood pressure are more at risk for fetal distress.
- Symptoms of preeclampsia: With this life-threatening pregnancy complication, expectant mothers develop high blood pressure and other severe symptoms.
- Abnormal fetal presentation: The baby’s breech or face presentation can endanger the baby during delivery and cause a lack of proper oxygenation.
- Cephalopelvic disproportion: This means that the baby’s head is too large for the mother’s pelvis during childbirth. This condition places additional stress on the baby during delivery. Head compression can cause a lack of oxygen (“asphyxia”) or decreased oxygen (“hypoxia”)
- Umbilical cord problems: Compression of the baby’s umbilical cord can occur during labor and delivery. The umbilical cord is how the baby receives oxygen prior to birth via the mother’s oxygen carrying blood. Umbilical cord compression deprives the baby of oxygen carrying blood, which can cause fetal distress and brain damage. Other problems involve cords that are too short, too long, or wrapped around the baby.
- Uterine rupture: When the uterus tears during delivery, both baby and mother are endangered. The tears can completely cut of oxygen to the baby leading to asphyxia.
- Prolonged labor: Also known as failure to progress, prolonged labor can put more stress on the baby. The longer a baby has to endure contractions which cause a temporary blockage of oxygen, the more at risk the baby is for losing the necessary reserves of oxygen to tolerate the labor. Prolonged labor can lead to less oxygen getting to the baby or cause the baby to endure fetal distress.
- Uterine Hyperstimulation/Tachsystole: If a mother is having too many contractions in a short period of time this can cause fetal distress because the mother’s placenta from which the umbilical cord flows and the baby do not have enough time to recover from the temporary cessation of oxygen during a given contraction. If there are six or more contractions over a ten minute time period contractions lasting longer than 2 minutes or contractions of normal duration within 1 minute of each other this is known as “tachysystole” or “uterine hyperstimulation”.
Oftentimes, tachysystole is caused by drugs given to the mother to increase her contractions or promote her contractions. The common drug given for this purpose is Pitocin. The contractions must be monitored closely when a mother is given Pitocin to assist in her contractions - Arrested labor: Sometimes labor does not progress because contractions weaken or stop altogether.
- Misuse of medical equipment: During difficult deliveries, doctors may use forceps or vacuum extractors. Babies can sustain traumatic brain injuries when these devices are used improperly or negligently.
- Placental abruption: This childbirth complication occurs when the placenta detaches from the uterus before the baby is born. Since the placenta is the source of oxygen for the baby, when an abruption occurs the flow of oxygen to the baby stops. This is a medical emergency that must result in immediate delivery of the baby.
Properly managing a pregnant mother’s medical condition could eliminate or minimize the baby’s risk for fetal distress.
What are some common indicators of fetal distress?
The doctors and nurses caring for an expectant mother may increase their monitoring when faced with the following symptoms:
- The mother’s belly isn’t growing enough. Measuring the mother’s belly can indicate that the baby has fetal growth restriction (FGR) or is not growing at a normal pace.
- The fetal heart rate is too slow. A decreased fetal heart rate can indicate fetal acidosis and other conditions that lead to non-reassuring fetal status. The fetal heart rate is monitored by using a device called an electronic fetal monitor. A slow heart rate is called “bradycardia”.
- Fetal heart monitoring indicates abnormal rates and rhythms. Alarming patterns of variable decelerations and late declerations of the baby’s heart rate can appear during labor. Late decelerations are indicators of fetal distress because the baby is not recovering from the temporary blockage of oxygen during a contraction.
- Lack of variability of the fetal heart rate. A healthy baby in utero has moderate variability of their heart rate where it varies from 6 to 25 beats per minute. If the fetal heart monitor strips do not show that the baby’s heart rate has good variability (meaning there is a pattern showing the heart rate moving up and down by an average of 6-25 beats per minute) then this is a sign of fetal distress. These conditions are known as minimal or absent variability. Loss of variability especially in the presence of other periodic patterns during labor is the most sensitive indicator of metabolic acidemia resulting from fetal distress.
- Fetal movement decreases or stops. Changes like this can indicate that the baby could be in serious trouble.
- The mother’s amniotic fluid level is too low. Low amniotic fluid levels (known as oligohydramnios) can reduce the baby’s protection and lead to umbilical cord compression.
- There’s too much amniotic fluid, which is called polyhydramnios. Women with this complication might have gestational diabetes. Among other things, this condition can occur simultaneously with fetal macrosomia, which means the baby is very large. Also, the baby could have developed a condition that impedes the ability to swallow.
- Mom experiences excessive vaginal bleeding or cramping. In early pregnancy, mild bleeding and cramping are common. However, later these symptoms can indicate complications like uterine rupture, placental abruption, or preterm labor.
- Amniotic fluid contains meconium (the baby’s first bowel movement). Meconium should be discharged after the baby is born. When it is expelled in utero during the labor process, the baby can breathe it into their lungs (aspiration). Meconium Aspiration Syndrome (MAS) can cause serious illness and death.
Failing to notice and address the potential for oxygen deprivation and fetal distress leads to metabolic acidosis and brain damage, hypoxic-ischemic encephalopathy, seizure disorders, cerebral palsy or even death.
Doctors, nurses, midwives, and medical facilities owe their patients a standard of care. Breaching that duty is considered medical malpractice.
How do doctors and medical professionals monitor the baby before labor?
Obstetricians have a duty to keep an eye on expectant mothers throughout their pregnancy and during labor. So, they first look to the mother’s health.
Specifically, they must watch for conditions that a woman has before becoming pregnant or develops during pregnancy.
What health problems can develop during pregnancy?
- Iron Deficiency Anemia
- Gestational Diabetes
- Depression and Anxiety
- Fetal Problems
- High Blood Pressure Related to Pregnancy
- Infections
- Hyperemesis Gravidarum
- Miscarriage
Mothers with the conditions listed below should be closely monitored and tested during pregnancy due to the increased potential for fetal distress:
- Diabetes
- Anemia
- Excess or minimal pregnancy weight gain
- Pregnancy Induced Hypertension or high blood pressure
Medical professionals are not just looking for potentially serious medical consequences for the mother. The fetus could also be at risk. So, monitoring the baby’s health is also a critical component of prenatal care. Obstetricians routinely measure the mother’s stomach, monitor the baby’s heart rate, and do ultrasounds to confirm the gestational age and condition of the fetus.
The tests and monitoring devices used vary based on symptoms and where the mother is in her pregnancy.
How do doctors and medical professionals monitor the baby once labor has begun?
Once labor commences, fetal heart rate monitors track the baby’s heart rate and rhythm. Changes in the heart rate during and after contractions could indicate the baby is in distress due to oxygen deprivation.
There are several ways to observe and track a baby’s heart rate:
- Fetal auscultation can be done with a small handheld transducer attached to a fetal heart monitor.
- External fetal monitoring records the baby’s heart rate using two belts wrapped around the mother’s abdomen. One belt tracks the mother’s contractions. The other belt records the baby’s heart rate.
- Internal fetal heart monitoring involves running a wire through the mother’s cervix. It is then attached directly to the baby’s scalp. However, this method can only be used when the mother’s cervix is already open and her waters have broken. This provides the most accurate monitoring of the baby’s well-being and whether or not fetal distress is occurring.
As medical personnel analyze a baby’s fetal monitoring results, they could become concerned about its status.
What kind of changes to the baby’s heart rate point to fetal distress?
A normal fetal heart rate usually falls between 110 and 160 beats per minute. However, the rate can vary as the fetus responds to internal and external conditions.
For example, the baby’s heart rate is affected by its mother’s contractions during labor. A contraction will cause a slight and short-term decrease in the heart rate, but it will quickly return to normal (“baseline”) after the contraction. So, some variation in rate and rhythm is normal.
When reviewing the fetal heart rate monitor, the following changes require close attention, diagnosis, and intervention:
- Fetal tachycardia
- Fetal bradycardia
- Repetitive variable decelerations
- Late decelerations
- Minimal or absent variability
- Marked variability
- Low biophysical profile
When medical professionals suspect non-reassuring fetal status, they conduct tests to confirm their diagnosis. Performing these tests and correctly interpreting their results can protect the mother and baby from developing serious, sometimes life-threatening complications.
How should doctors and nurses treat a baby that’s in distress?
Once monitoring and tests indicate fetal distress is a possibility, medical professionals responsible for the mother’s and baby’s care must act quickly. Failing to do so can cause permanent damage to the baby.
Some treatments for oxygen deprivation include:
- Intrauterine resuscitation
- Giving fluids to the mother
- Changing the mother’s position
- Providing supplemental oxygen to the mother
- Amnioinfusion to increase amniotic fluid if oligohydramnios is a problem
If the above measures do not show an definitive improvement of the fetal heart monitoring strip, the baby must be delivered by Cesarean section (C-Section) or an emergency C-section in order to prevent damage or continuing brain injury. Failure to conduct a timely c-section to address fetal distress can cause a birth injury including hypoxic-ischemic encephalopathy (HIE), cerebral palsy and other injuries to the brain due to metabolic acidosis.
Birth injuries caused by fetal distress are life-changing. The parents of injured children might seek compensation from negligent healthcare providers. The money they receive cannot take away the birth injury, but it can provide the money needed for medication, surgery, therapy, assistive devices, and caregivers.
Children with Cerebral Palsy Might Need
Medication
- Anticonvultions
- Baclofen pumps
- Botox
- Nerve Blockers
- Muscle Relaxants
- Antidepressants
- Anticholinergics
Surgeries
- Neurosurgery
- Hearing correction
- Orthopedic surgery
- Spinal surgery
- Vision correction
- Gastroenterology surgery
Therapy
- Occupational therapy
- Speech therapy
- Physical therapy
- Recreational therapy
- Music and art therapy
- Hippotherapy
- Stem cell therapy
Caregivers
- Parents
- Trained aides
- Nurses
- At-home therapists
- Rehabilitation caregivers
Assistive Devices
- Wheelchairs
- Braces and crutches
- Orthotic shoes
- Scooters
- Rolling walkers
- Computers
- Communication Devices
- Cochlear implants
- Glasses
- Special keyboards, pencils, and writing boards
- Adaptive art supplies
- Vehicles with adaptive technology
- Installation of ramps
- Bathing benches and lifting devices
- Adaptive eating utensils
Is Your Child’s Birth Injury the Result of Medical Malpractice?
The parents of children who suffered birth injuries often want answers. They want to know what happened to harm their child’s brain. Was it preventable?
Our dedicated birth injury lawyers want to help you find those answers.
If your child is not meeting developmental milestones and you suspect this may have been caused in part by medical mistakes, Miller Weisbrod Olesky will thoroughly investigate the facts and hold responsible medical providers accountable by pursuing medical malpractice claims against them. The compensation our clients receive helps them pay for their child’s current and future medical treatment, therapy, equipment needed to help cope with disabilities, and the other expenses associated with caring for a child with brain injuries, seizure disorders, and cerebral palsy.
Sometimes families are hesitant to reach out to a medical malpractice attorney or law firm. Other parents feel overwhelmed by their circumstances and worried that they will not be able to help out in a lawsuit involving their child’s birth injury.
Why Should You Talk with the Knowledgeable Attorneys at Miller Weisbrod Olesky?
The only way to find out if you have a birth injury case is to talk to an attorney who understands birth injuries leading to a delay in developmental milestones.
At Miller Weisbrod Olesky, a team of committed attorneys, nurses and paraprofessionals uses our detailed medical negligence case review process to assess your potential claim. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child’s injuries.
If we feel medical negligence caused or contributed to your child’s injuries, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do.
Contact Miller Weisbrod Olesky
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
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.