Hydrocephalus, or "water on the brain," is a medical condition that occurs when there is an excessive buildup of Cerebrospinal Fluid (CSF) in the brain. Although this fluid is a normal and necessary part of the brain's functioning, if there is a blockage flow, a lack of absorption, or overproduction of this fluid, it can lead to increased pressure on a baby's brain, expand their skull bones, and cause brain damage of varying severity.
If you suspect that your child developed hydrocephalus because of a birth injury, birth trauma or birth complication you might have grounds to file a birth injury medical malpractice claim. Our Birth Injury Attorneys and nursing professional team at Miller Weisbrod Olesky are prepared to evaluate your case and determine whether a medical professional's negligence contributed to your child's birth injury. If you would like to discuss your claim with our experts and learn what to expect from the legal process, do not hesitate to contact our firm for a free consultation.
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
What is Hydrocephalus?
Hydrocephalus occurs when the brain's ventricles become flooded with more than the normal amount of Cerebral Spinal Fluid (CSF). CSF acts as a natural protectant by surrounding and cushioning the brain and the spinal cord.
Once the cerebral spinal fluid is produced in the ventricles, it is supposed to move through the brain and the spinal cord and get absorbed into the bloodstream. When the normal flow of CSF into the bloodstream is blocked due to an obstruction that prevents it from draining properly, it eventually builds up within the ventricles and causes extreme internal pressure inside the skull and on the brain.
The buildup of this fluid can lead to the brain being pushed against the skull, damaging delicate brain tissue and rupturing blood vessels in the brain leading to brain damage. One of the most common events that can cause hydrocephalus in infants is trauma or injury to a baby's head during labor and delivery.
With prompt diagnosis and treatment, mild cases of hydrocephalus can have little to no lasting effects. However, in other more severe cases, untreated hydrocephalus can result in lifelong brain injury or even be fatal.
Children with hydrocephalus may experience long-term birth complications such as intellectual impairments and physical or cognitive developmental delays. The severity of complications that may arise from hydrocephalus will depend upon several factors, including the cause of your child's hydrocephalus as well as the complexities of any symptoms your child is experiencing. If hydrocephalus is diagnosed and treated early, it can significantly improve your child's chances of having a favorable recovery.
What Are the Signs of Hydrocephalus in a Baby?
Signs and symptoms of hydrocephalus vary significantly depending on your child's age and how far along their condition is at the time of diagnosis. The most obvious sign in infants is an unusual enlargement of the head or bulging soft spots between the bones called fontanelles.
While each baby may experience hydrocephalus symptoms differently, here are some of the most common signs of Hydrocephalus to keep an eye out for:
An unusually large head or bulging fontanelles (soft spot between the bones)
Bulging eyes and an inability to look up when facing forward
Fixed downward gaze
Poor appetite
Seizures
Fussiness and excessive irritability
Extreme tiredness and difficult to awaken
Repetitive and severe vomiting
High-pitched crying
Swollen scalp veins
Slowed development
In addition to physical abnormalities, children with severe cases of hydrocephalus may also experience neurological complications, such as future dementia and other forms of brain damage. Since some of these symptoms, like irritability and vomiting, are common among babies, it is best to have your child checked out by a medical professional if you notice any of these changes in your newborn. When a baby is still in the womb, a doctor will use a fetal ultrasound to diagnose hydrocephalus.
A pediatrician or specialized medical professional will order imaging studies such as a Computed Tomography Scan (CT) or Magnetic Resonance Imaging (MT) and perform Intracranial Pressure Monitoring (ICP) tests to reach a final diagnosis and determine if your child has hydrocephalus. When your newborn is diagnosed with hydrocephalus that you believe resulted from medical negligence, you should speak to a birth injury attorney as soon as possible to discuss your legal options. Our lawyers consult with medical experts who can provide us with objective opinions regarding whether medical malpractice caused your child's birth injury.
Types of Hydrocephalus
Hydrocephalus can either be congenital (develops before birth) or acquired (occurs during childbirth or soon after). This condition is also further classified as either communicating hydrocephalus (non-obstructive) or non-communicating hydrocephalus (obstructive).
Communicating Hydrocephalus: This type of hydrocephalus occurs when the flow of cerebral spinal fluid is blocked after leaving the brain's ventricles. It is considered "communicating" because it can still flow between ventricles even after the brain fluid becomes blocked. Communicating hydrocephalus can arise from either inadequate Cerebral Spinal Fluid (CSF) absorption or excessive Cerebral Spinal Fluid production.
Non-Communicating Hydrocephalus: This type of hydrocephalus occurs when the flow of cerebrospinal fluid becomes blocked between the brain ventricles and the subarachnoid space. One of the most common causes of non-communicating hydrocephalus is "aqueductal stenosis," the narrowing of the small passage between the third and fourth ventricles in the middle of the brain (the aqueduct of Sylvius).
Types of Communicating Hydrocephalus
Normal Pressure Hydrocephalus (NPH): this type of hydrocephalus affects people 50 and older. It may develop after surgery, infection, injury, or stroke. Due to the gradual blocking of Cerebral Spinal Fluid (CSF) draining, this type of hydrocephalus develops slowly and subsequently causes slow fluid buildup over time. Diagnosing NPH is often difficult because symptoms are dementia-like and walking difficulties often resemble Parkinson's disease.
Hydrocephalus Ex-Vacuo: this type of hydrocephalus occurs from brain damage, a traumatic brain injury, or the development of a degenerative disease and is usually caused by stroke or an injury. As brain tissue shrinks, the ventricles are enlarged, and the cerebrospinal fluid may or may not be elevated.
Communicating and Non-Communicating Hydrocephali can further be subdivided into the following types:
Congenital Hydrocephalus: This condition often develops before birth as a result of an infection during the mother's pregnancy or because of genetic flaws during fetal development. According to Johns Hopkins Medicine, congenital hydrocephalus affects one to two of every 1,000 babies born in the U.S. Congenital hydrocephalus can often be detected prenatally using a fetal ultrasound but is more often diagnosed at birth or shortly after. Some of the most common causes of this condition are an obstruction of the cerebral aqueduct, spina bifida, or brain malformations. Symptoms of congenital hydrocephalus may include irritability, sleepiness, trouble breathing, seizures, and vomiting. Early diagnosis and treatment can limit any long-term problems and prevent brain damage.
Acquired Hydrocephalus: This condition develops at the time of birth or soon after and is often the result of a serious birth injury to the head or brain bleed. Some symptoms associated with acquired hydrocephalus may include blurred or double vision, poor coordination, confusion or memory loss, headaches, and bowel or urinary incontinence. Treatment for acquired hydrocephalus often involves removing the blockage by inserting a shunt, or with an alternative procedure called Endoscopic Third Ventriculostomy (ETV).
Treatment options vary based on the type of hydrocephalus suffered. For example, congenital hydrocephalus could be treated with a shunt, while normal pressure hydrocephalus is often treated with a lumbar puncture. Children with hydrocephalus can have a positive outlook if the condition is diagnosed and treated early. However, considering that hydrocephalus could lead to developmental delays, infants who are undiagnosed and go without treatment are at higher risk of developing harmful complications.
How is Hydrocephalus Treated?
The goal of hydrocephalus treatments for babies is to reduce pressure on their brains by draining the excess buildup of cerebral spinal fluid. Occasionally, medications may be prescribed to draw off the extra CSF.
If a doctor does not begin treatment promptly and compression on the brain lasts too long, the increased pressure can cause damage to the brain. Treatment for hydrocephalus will depend on your child's symptoms, age, general health, the cause of the hydrocephalus, and how severe their condition is.
Common Surgical Treatments for Hydrocephalus
Shunt Placement: The most common treatment for hydrocephalus is the surgical insertion of a medical device called a shunt. A shunt is a small piece of long, flexible tubing with a valve placed in the brain or spinal cord to drain excess fluid and divert the fluid to another part of the body. One end of the tubing is placed in one of the brain's ventricles and tunneled under the skin to another part of the body, such as the stomach or the heart. Children with hydrocephalus usually need a shunt system for the rest of their lives and will need to see a doctor for regular adjustments, replacements, and monitoring.
Endoscopic Third Ventriculostomy (ETV): A second surgical treatment option that can be used as an alternative to shunting is called endoscopic third ventriculostomy. This surgery is typically used for older children with non-communicating (obstructive) hydrocephalus. This is a minimally invasive procedure where a surgeon uses a small video camera to see inside the brain and make a small hole in the bottom of the third ventricle in the brain. Performing an ETV allows trapped cerebrospinal fluid to flow out of the brain and escape into its natural pathways. ETV treatment is not suitable for everyone.
Endoscopic Third Ventriculostomy with Choroid Plexus Cauterization (ETV/CPC): The third treatment option that can be used as an effective treatment for most infants with hydrocephalus and spina bifida is ETV/CPC. ETV/CPC treatment involves a surgeon making a hole in the skull and using an endoscope to make a hole in the bottom of a ventricle. By doing so, the normal flow of spinal fluid is restored. Choroid plexus cauterization involves burning or cauterizing the choroid plexus tissue to reduce the rate of CSF production and introduce a new pathway for the fluid to escape. ETV/CPC is a highly technical surgery that should only be performed by surgeons with extensive training and experience. Not all children will be good candidates for ETV/CPC treatment.
If a child ends up developing another condition like cerebral palsy, additional treatments like taking the child to physical therapy or ensuring the child takes proper medications such as anticonvulsants may be required. Getting an early and accurate diagnosis can prevent serious injury to the brain and help children with hydrocephalus have a relatively normal life span.
Because the condition often requires continual medical care, our firm will work to obtain full financial compensation on your behalf through a medical malpractice claim so your child can have access to the best possible treatment.
How Does Hydrocephalus Cause Cerebral Palsy?
When fluid builds up in the brain, it not only stretches the skull but puts pressure on the brain itself, which can lead to brain damage. In turn, this damage to the developing brain may cause cerebral palsy (CP). According to a study published by the National Library of Medicine, approximately 15% of children with cerebral palsy have hydrocephalus.
There are some cases where hydrocephalus and cerebral palsy may develop independently of each other. For example, hydrocephalus that develops prenatally may damage the brain to such an extent that cerebral palsy has already occurred by the time an infant is born. In other cases, trauma to the brain and other disorders that independently lead to CP during birth or shortly after delivery may result in cerebral palsy and secondarily cause hydrocephalus. The more severe the damage to a child's developing brain is the greater the risk of them suffering from both hydrocephalus and cerebral palsy simultaneously.
Cerebral Palsy is a lifelong condition that affects a child's movement, posture, and muscle tone. Symptoms of cerebral palsy typically appear in early childhood, and although there is no cure for this disorder, it can often be managed with treatment. Doctors and other healthcare professionals should be aware of the potential health risks that may affect mothers and their newborns. Early diagnosis and treatment of hydrocephalus can help prevent lifelong injuries such as cerebral palsy.
How Can Hydrocephalus Result from Medical Malpractice?
The term medical malpractice refers to situations where a healthcare professional or other medical staff member negligently harms a patient or causes them to suffer an injury. There are several ways in which a doctor or other medical professional may be responsible for your child suffering from hydrocephalus.
The most common instance of negligence that may factor into your child's injury is the doctor who delivered your baby causing them to sustain a head injury or other traumatic brain injury.
Head trauma may occur during childbirth when the baby becomes stuck in the birth canal, and the doctor misuses birth-aiding devices such as forceps or a vacuum extractor to help facilitate vaginal delivery. Using these devices effectively requires doctors to possess a high degree of skill and exercise care to avoid an external hydrocephalus birth trauma.
Another way hydrocephalus may be caused by medical negligence is a doctor failing to diagnose hydrocephalus and responding to it promptly by providing attentive care. A failure to diagnose hydrocephalus could cause the condition to worsen, progress too far for treatment to be effective, and even result in death. Hydrocephalus may also be the result of a doctor failing to monitor a mother and her newborn correctly during or after labor or not acting soon enough to perform surgery like an emergency C-section.
Even if a doctor was not negligent during delivery, they are responsible for recognizing signs or symptoms an infant is exhibiting that could indicate a problem. When a doctor fails to recognize these signs in a timely manner, they may be unable to prescribe and provide treatment.
A bulging or tense soft spot on the top of the baby's head
Doctors and other healthcare professionals are responsible for complying with certain protocols and adhering to an acceptable standard of care when treating patients. If you believe your doctor or another medical professional did not take the proper steps during labor or after birth, you may be able to bring legal action against them.
Our Birth Injury Lawyers review the details of your case and help you collect the right type of evidence to prove your doctor or other healthcare provider's negligence played a role in your child's birth injury.
Proving Medical Malpractice in a Birth Injury Lawsuit
It is the responsibility of doctors to treat patients with a high degree of skill and provide them with the best possible care. Because doctors owe their patients a duty of care, they must take their concerns seriously and run tests when necessary to appropriately diagnose and treat them. When a doctor fails to uphold this duty of care and causes harm to a patient, they could be held liable for medical malpractice.
It is important to remember that a birth injury lawsuit may be filed against one or more healthcare providers. In addition to medical professionals like doctors, here are some examples of other medical professionals who can be held responsible for causing an injury or harm to a patient.
Nurses
Neonatal nurses
Labor and delivery nurses
Maternal-fetal medicine specialists
Pediatricians
Pediatric neurologists
Neonatologists
Obstetricians/gynecologists
Surgeons
Hospitals
Many people are unaware that based on vicarious liability, hospitals or medical centers can be held responsible if their employees, systems, policies, or practices fall below an acceptable standard of care. For example, the hospital could be held liable for allowing an incompetent doctor or other medical staff member to keep treating patients. Likewise, in cases where unsafe or unsanitary conditions caused an injury, the healthcare facility may also be held liable.
To have a successful medical malpractice claim, you must determine if your situation meets the following four required legal elements:
Duty of care: You must be able to show proof of a valid doctor-patient relationship. Once this is established, the doctor is required to provide care that meets the standards that would be considered reasonable and acceptable according to their training and specialty.
Violation of the standard of care: The doctor or healthcare provider failed to follow a reasonable standard of care. In other words, their actions fell short of what would have been expected from a reasonable and competent healthcare professional in the same or similar circumstances.
Injuries: The medical professional's negligence or error led to the development of your child's hydrocephalus.
The patient suffered damages due to this harm: The final thing you must demonstrate is that your family incurred economic and non-economic damages because of your child's injury.
If a medical professional's failure to diagnose or treat your child's condition in a timely manner resulted in your child suffering any harm, you may be able to hold them responsible for their negligent actions or inactions. Our seasoned birth injury malpractice lawyers will perform a thorough review of the circumstances surrounding your child's birth, gather all necessary evidence to help prove your case, and assist you in recovering the financial compensation you deserve.
Recoverable Compensation from a Birth Injury Lawsuit
If your medical malpractice claim reaches a successful outcome, you may be able to recover compensation for monetary losses that have been or will be incurred as a result of the medical professional failure to diagnose or promptly treat your child's condition.
Depending on the details surrounding your case, you may be eligible to recover compensation for the following:
Medical bills
Pain and suffering
Emotional anguish
The cost of surgeries
The cost of therapies or prescription medications
The cost of ongoing care for your child
The cost of adaptive equipment
Home and vehicle modification expenses
Behavioral and educational interventions
Permanent disabilities and scarring
Loss of their ability to enjoy life
Lost future earning capacity if the child's injuries render them unable to work in the future
Loss of companionship or care parents would have otherwise received from the child if not for the injury
A parent's lost wages if they can no longer work because their child requires full-time care
Expenses involved with in-home nursing care
Other injury-related expenses
Punitive damages or exemplary may be awarded in cases where a doctor, hospital, or other medical professional is guilty of especially wrongful acts that resulted in hydrocephalus birth injuries. These damages are awarded to punish the at-fault party for their grossly negligent or even reckless behavior and deter others from committing similar harmful actions in the future.
Punitive damages usually require clear and convincing evidence to prove that the child's injuries were caused by the hospital or healthcare provider's extremely negligent or intentional actions.
The specific type and amount of compensation you may receive will depend on several factors, such as the victim's age, the severity of injuries sustained by the victim, the amount of care they are projected to need, and the financial losses suffered due to the injuries.
For example, your settlement award would likely be higher if your baby has a lifelong condition like cerebral palsy than if an initial surgery controlled your baby's hydrocephalus and there were no other issues. Additionally, the greater your economic and non-economic losses are, the higher the value of your settlement could be. If you would like to learn more about the value of your birth injury case, consult with a skilled medical malpractice attorney who can assess your case's details and provide an accurate evaluation of the potential value of your claim.
Birth Injury Wrongful Death Claims
Hydrocephalus is a treatable condition; however, if left untreated, it can be potentially life-threatening. If not diagnosed and treated, the buildup of cerebral spinal fluid within the brain can be fatal. Infant wrongful death can happen when a doctor fails to diagnose or promptly treat a severe case of hydrocephalus. You may be entitled to compensation for the loss of your newborn due to medical negligence and malpractice.
Loss of income, support, and other benefits the deceased would have provided
Loss of the deceased's companionship and care
Physical pain and emotional suffering endured by the deceased before death
Loss of enjoyment of life the deceased would have experienced
Pursuing an infant wrongful death settlement can help prevent future errors and tragedies from happening. Starting a lawsuit in such cases and standing up to medical institutions and the caregivers entrusted with your baby's life isn't always easy. To get the compensation and justice you deserve, it is crucial that you rely on the expertise of a skilled medical malpractice attorney who can give you the best chance of recovering compensation for the loss of your child.
How a Birth Injury Lawyer Can Help
Pursuing a hydrocephalus claim, like other birth injury claims, is complicated and not easily resolved. A birth injury lawyer with access to valuable resources and a profound knowledge of medicine and law can assist you through the complex litigation process.
Here's how our medical malpractice attorneys can help:
Build your case by collecting evidence including medical records, diagnostic test results, physician or nurse notes, witness statements, and consult with independent medical experts.
Identify and contact the relevant healthcare provider and their lawyers or insurance company with details of your claim.
File a lawsuit and ensure the defendant responds to your claim promptly.
Evaluate the defendant's response and let you know what options are available.
Using all the evidence we've gathered; we'll negotiate with the defendant's attorneys and advocate for your rights against the medical provider's insurance company.
Take your case to trial if we cannot reach a fair settlement.
If your baby has been diagnosed with hydrocephalus following a preventable birth injury and you want to explore the possibility of filing a medical malpractice claim, connect with one of our birth injury attorneys today, who can listen to your story and help you explore your legal options. It is essential to remember that there are time limits on these cases, and when you discuss your case with our birth injury lawyers, they can provide you with a better understanding of the deadlines that apply in your case.
Birth Injury Statute of Limitations
A statute of limitations is a law that specifies the maximum amount of time a person has to file a lawsuit against a company or an individual. It is crucial to keep in mind that this time period can vary depending on the type of claim you're filing and what state you live in. If you fail to file your claim within the appropriate time frame, you risk losing your right to take legal action and recover compensation for your losses.
The discovery rule makes an exception to the statute of limitations by extending the deadline for filing a case. Under this exception, the clock usually starts running on the date when an individual discovers or reasonably should have discovered an injury. To learn more about the time limits that may apply in your case, consult with a medical malpractice attorney who can ensure you don't miss your deadline.
Talk to Our Birth Injury Lawyers Today
At Miller Weisbrod Olesky, our nationally recognized birth injury lawyers have successfully represented families of children whose birth injury was caused by medical negligence in more than 20 states. Once you hire our law firm, our skilled birth injury lawyers and in-house team of registered nurses and nurse attorneys will get to work thoroughly investigating whether medical negligence caused injury to your child.
As soon as we've obtained relevant medical records and decided whether they support a potential medical malpractice lawsuit, we consult a vast network of medical experts to ensure your case review is completely fair and objective. Some of these experts include:
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.
