Birth Injuries Leading to Sensory Processing Disorder (SPD)
When babies are born, they use their senses to learn about their surroundings and find comfort in connecting with their mother and father. If a doctor or other medical staff member is negligent while delivering a baby, it could lead to a birth injury that results in sensory processing problems. Sensory processing disorder is a neurological condition that makes it difficult for a child to respond to certain sensory signals the nervous system sends and receives. According to a study published by JAMA Pediatrics, about one in six children have sensory processing difficulties.
Babies born with sensory issues may have an exaggerated response to sounds and food textures. Others may have trouble sitting still or recognizing personal space. In terms of sensory processing, an occupational therapist (OT) can help a child learn and respond appropriately to stimuli and allow them to function more normally. This therapy involves using specialized toys and relaxing activities that help a child respond more appropriately and better deal with light, sound, and touch.
When the negligence of a doctor, hospital, or other medical team members during labor and delivery causes your child to suffer a preventable birth injury that causes a sensory injury, you should consult with a seasoned birth injury malpractice attorney who can help you hold them accountable for depriving your child of their best life. If you have questions, our experienced legal nurses and birth injury lawyers will help you find the answers you deserve.
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 Sensory Processing Disorder?
Sensory Processing Disorder (SPD) is a complex neurodevelopmental function that affects the way the brain processes sensory input. Sensory processing enables our brain to receive and coordinate information from internal bodily cues such as hunger or external sources such as light or sound.
For example, whenever you feel cold, you may decide that you should put on a sweater. SPD makes it difficult for the brain to detect these sensory signals and respond to everyday sensory information the way most people do. This makes it harder for children with Sensory Processing Disorder to respond to information such as smell or touch in the right way.
Generally, most people are familiar with only five senses: sight, taste, touch, hearing, and smell. However, proprioception and vestibular sense are two less commonly discussed senses that affect our ability to interact with the environment.
• Proprioception, or an awareness of one's own body parts, impacts our ability to recognize our body's position, location, orientation, and movement.
• Vestibular Sense refers to inner-ear spatial recognition and contributes to balance, movement, and coordination.
Any of these senses may be affected in children with sensory processing issues. In most cases, children with sensory processing difficulties either over-respond (Hypersensitivity) or under-respond (Hyposensitivity) to sensory stimulation. Potential sources of sensory processing modulation problems include prematurity and birth injury; however, the exact cause may vary from child to child.
Types of Sensory Processing Issues
The two main types of sensory processing issues are hypersensitivity and hyposensitivity. Hypersensitive children are under-sensitive to stimulation and may want to constantly seek sensory output by touching things to feel their texture, jumping up and down, frequently tasting and sucking on objects, and having a high pain tolerance.
Hypersensitive children may find sensory stimulation overwhelming and often complain about sensory stimuli that seem normal to others. For example, hypersensitive children may have difficulty understanding where their body is in relation to other objects and appear clumsy.
Hypersensitive Children
Have behavior problems
Be clumsy or lack coordination
Have difficulty focusing
Cover their ears or eyes
Have a low threshold for pain
Become easily startled by loud noises or sudden movements
Have emotional outbursts and meltdowns
Be picky eaters or gag with certain textures
Have a sensitivity to certain smells, loud noises, or scratchy clothing
Struggle to understand the amount of force they're applying
Hyposensitive Children
Have trouble recognizing personal space
Be unable to sit still
Enjoy jumping, spinning, and roughhousing
Miss social cues
Have a very high threshold for pain
Chew on clothes or fingers
Enjoy visual stimulation, like playing video games
A desire to frequently touch objects or other people
Crash into objects or other people
Doesn't understand their own strength
Actively seek excitement, and adrenaline rushes
Have trouble sleeping
A child with sensory processing disorder may be more or less sensitive to sensory input, such as light, sound, and touch, compared to the average person. There is some debate among medical professionals about whether SPD is a stand-alone diagnosis or whether it is simply a symptom of other disorders. In fact, a study published by the National Library of Medicine reports that about 80% of children with autism also have sensory processing disorders.
Sensory processing disorder often occurs alongside:
Attention deficit and hyperactivity disorder (ADHD)
Autism or Autism Spectrum Disorder (ASD)
Obsessive-compulsive disorder (OCD)
Other developmental disabilities
Many people do not realize that sensory processing issues and other symptoms that appear as Autism Spectrum Disorder (ASD) are caused by a type of newborn brain damage called hypoxic-ischemic encephalopathy (HIE). As cerebral palsy is often caused by HIE, children with CP often have sensory processing issues.
Three Patterns of Sensory Processing Disorders
The exact symptoms of SPD will vary significantly with each child and depend on their unique sensory profile. Although some children with sensory processing disorder are only affected in one sensory system, typically, in most children, multiple sensory systems are affected.
The following are the three broad patterns that SPDs are classified into:
Sensory-Based Motor Disorder (SBMD): The child may struggle with balance, motor coordination, and performing motor tasks (Dyspraxia). For example, a child with SBMD may be accident-prone or have trouble with fine motor skills like getting dressed.
Sensory Discrimination Disorder (SDD): The child may have difficulty distinguishing between and reacting appropriately to different stimuli. For example, they may take extra time to figure out which way to turn when walking.
What Causes Sensory Processing Disorder?
Although the exact cause of SPD has not been identified and symptoms vary from person to person, some research suggests birth injuries like trauma to the head from improper use of forceps, vacuum extration devices, and prematurity are potential causes of SPD. Before, during, or after birth, most expectant parents often dream about their child's future and never think their baby might suffer a debilitating birth injury.
However, medical errors like oxygen deprivation during delivery due to a doctor's negligence can impact brain function and cause sensory processing difficulties. Babies born prematurely are at an increased risk for developing sensory processing disorder because they are often born with immature immune systems, including sensory pathways, which may make it difficult for them to process and integrate sensory information.
Signs and Symptoms of Sensory Processing Disorder?
In children with sensory processing disorder, the way their nervous systems send and receive messages is altered, causing them to react differently to stimuli than other babies may experience. Parents often first recognize signs of sensory processing issues in the toddler years and may notice that a child has difficulty with fine motor skills like shaking a rattle, or an unusual aversion to noise or light.
Avoid certain fabrics and prefer smooth, soft textures
Have abnormal posture
Withdraw from being touched
Be uncomfortable with getting their hands dirty
Have difficulty emotionally regulating after becoming upset
Touch everything around them
Have trouble understanding personal space
Jump, swing, or spin excessively
Be hypersensitive to visually stimulating environments
Use too little or excessive force when handling objects
Reject foods with certain textures
Have trouble socializing or engaging in two-way interactions
Children who become easily overwhelmed by stimulation and sensations in their environment may be prone to tantrums. Other children with SPD may run away or shut down. While any of these signs in an infant may suggest that birth trauma may have caused some areas of the central nervous system to be compromised, it is essential to keep in mind that symptoms vary from one child to the next.
If you recognize that your child's behavior is not typical but are unsure why, don't hesitate to discuss your concerns with your doctor. They may refer your child to an occupational therapist who can assess them for SPD and observe how they respond to stimulation. Healthcare providers rely on the evaluation of occupational therapists, developmental milestone history, and caregiver reports to diagnose sensory processing disorders.
What Are the Sensory Symptoms of Cerebral Palsy?
Despite cerebral palsy being a motor disorder, sensory issues are relatively common among children with CP. Sensory problems due to cerebral palsy generally result from damage to the area of the brain responsible for processing sensory information. In children with cerebral palsy who have greater levels of damage to the brain, sensory processing difficulties are often more prevalent.
Some of the most common sensory processing disorders in children with cerebral palsy are visual impairments, hearing loss, somatosensory impairments, and poor proprioception.
Signs that a child with cerebral palsy might be struggling with sensory processing issues:
The child may have difficulty recognizing familiar faces
The child may have poor balance and posture
The child has trouble recognizing slight differences between sounds in words
The child complains about mild changes in temperature
A child with cerebral palsy who struggles with sensory processing abnormalities may avoid encounters with environmental stimuli (hypersensitivity) or have difficulty responding to stimuli because their brain cannot process them (hyposensitivity). Sensory processing issues can negatively affect a child's activity levels, communication skills, and ability to interact with their surroundings.
10 Sensory Activities for Cerebral Palsy Therapy
Dedicating time to sensory activities for kids with cerebral palsy is incredibly beneficial and vital for their development. The most effective sensory activities for cerebral palsy help them feel more comfortable with the world around them.
Here are ten suggestions for sensory activities that you can do with your child who has cerebral palsy:
Painting with fingers, brushes, or sponges will expose your child to various textures.
Interactive bath time is a great way to have your child play with a variety of sensory stimuli.
Use a pacifier throughout the day to help them become more familiar with controlling the muscles around their mouth.
Practice tactile development by creating sandcastles using shovels and buckets.
Rocking in a rocking chair can help your child feel more at ease and motion and become accustomed to shifting their weight.
Collect various objects and have them practice tapping their hands or "drumsticks" on these surfaces.
Have your child sort through a bag of candy and separate them by color.
Start a dance party and encourage them to stomp or clap their hands to the music.
Place ice cubes into a bin and let your child watch it melt in their hands.
Making jewelry with larger beads is a good activity for building their fine motor skills and coordination.
There are many fun, creative, and exploratory sensory activities for kids with cerebral palsy. Consistent exposure to new textures, temperatures, and sounds will help your child's brain become more familiar with stimuli and allow them to feel less overwhelmed.
How is Sensory Processing Disorder Diagnosed?
Sensory processing disorder is not a stand-alone condition in the "Diagnostic and Statistical Manual of Mental Disorders (DSM)," making it difficult to diagnose. However, many medical professionals now recognize SPD as a separate condition and use several different questionnaires to assess for sensory processing disorder. For newborns to 3-year-olds, the child's parent or caregiver will fill out The Infant/Toddler Sensory Profile (ITSP) or the Sensory Rating (SRS).
The parent or caregiver of a child ages five months through 6 years will be given The Sensory Experiences Questionnaire (SEQ) to fill out. An occupational or physiotherapist may conduct a screening that consists of structured observations of the child's response to sensory stimulation and an evaluation of standardized testing. The sensory assessment will allow the occupational therapist to better understand how the sensory environment affects your child's daily life at school and home.
A doctor may ask parents about the child's developmental milestone history and any symptoms they have noticed developing. Additional tests such as Diffusion Tensor Imaging (DTI) and an Electroencephalogram (EEG) may also be used to diagnose SPD and reveal the extent of the condition in a child. An early sensory processing disorder diagnosis increases the chance of successful intervention, especially for younger children while their brains are still developing.
When children show signs of a sensory problem, the American Academy of Pediatrics (AAP) recommends that doctors check for other developmental disorders, such as autism spectrum disorders, attention-deficit/hyperactivity disorder, or childhood anxiety disorders. If a doctor fails to diagnose sensory processing disorder, it may only be identified when the severity of your child's symptoms causes an injury. Treatment can help retrain a child's brain to respond appropriately to sensory stimuli.
Treating Sensory Processing Disorder in Children
Occupational, physical, and sensory integration therapies can help children with SPD manage their symptoms and learn appropriate responses to their environments at home and school. An occupational therapist will observe your child's eye movements and how they balance and respond to stimulation.
An occupational therapist will also use Sensory Integration Therapy (SI) to assist children with SPD. Sensory Integration Therapy is designed to help children who have difficulties processing sensory input learn about and develop their senses through repetitive activities that stimulate the senses. SI uses things like movement therapy, balance treatments, and structured exposure to sensory output, to make it easier for kids to process and react to stimuli and sensations more efficiently over time. Therapy might involve playing tug-of-war or with a medicine ball to help a child develop an awareness of their body.
Sensory dieting is another approach that involves an occupational therapist creating a schedule of sensory activities tailored to a child's needs. Commonly used sensory diet activities include trampolining, playing with slime, or eating chewy foods. You can seek an occupational therapist out in private practice, or one can be referred to you through your child's school. For children with SPD, occupational therapy may only be one part of an overall treatment plan.
A treatment plan may involve one or more therapies, including Physiotherapy, speech and language therapy, occupational therapy, visual therapy, and Perceptual Motor Therapy. Children may outgrow sensory processing disorders in some cases, while others may need lifelong assistance. A child affected by sensory processing issues will face several challenges, and managing symptoms can be challenging when sensory problems co-occur with other conditions. Although there is no cure for sensory processing disorder, some children benefit from appropriate management.
Children with sensory processing issues can thrive and function in the world with fewer adverse SPD effects with accurate diagnosis and early sensory processing disorder treatments. If your child has a sensory processing disorder and you believe a negligent healthcare professional is to blame, an experienced birth injury attorney can help you hold them accountable for their actions and fight for the maximum available compensation for your child's injuries.
Filing a Birth Injury Lawsuit
A birth injury lawsuit is a type of legal action that a parent may file on behalf of a child against negligent doctors, hospitals, or other healthcare professionals for causing the child to suffer a preventable birth injury. Through a birth injury lawsuit, families can recover compensation to help ease the financial burden of covering their child's treatment and care costs.
While each case is different, most lawsuits generally follow the same process. A lawyer with experience in birth injury cases can file your case, gather evidence, and pursue full and fair compensation on your behalf.
Here's how our birth injury attorneys will support you through the entire lawsuit process:
Free Case Review
After getting in contact with one of our birth injury lawyers, you will have your free consultation, where we'll determine if you may be eligible to file a birth injury lawsuit. Your case will likely be accepted if we can determine that medical malpractice may have played a role in your child's birth injury.
Gather Evidence
As soon as you qualify for a lawsuit, your birth injury malpractice attorney will gather information and evidence related to your case to build a strong claim. In proving a child's birth injury was caused by medical negligence, critical pieces of evidence like medical records, witness statements, and the employment history of the medical professional in your case are crucial to filing a successful lawsuit.
File the Lawsuit
Once all initial information has been gathered, your attorney will file your lawsuit in the proper court of law. You and your family will become the plaintiffs (the party taking legal action) as soon as the case is filed. The medical providers whose conduct may have caused your child harm will become the defendants (the party being sued). Every state has a deadline for filing a birth injury lawsuit, also known as the statute of limitations.
Your lawyer will be mindful of your state's statute of limitations and ensure your case is filed on time. The lawsuit will outline the charges in the lawsuit and give the defendants around 30 days to respond. If the defendants fail to respond, judgment can automatically be entered for the plaintiff. If the defendants send a response but fail to take responsibility, they will explain why they believe they are not at fault for your child's injury.
Discovery
As soon as the defendants file a response, your attorney will gather more evidence, such as additional medical records, medical expense reports, and other documents related to your child's birth injury to strengthen your case. You, your loved ones, and medical experts may have to give statements or answer questions under oath during this time. Both parties will also exchange information and evidence relevant to their respective cases to build strong arguments. A skilled attorney can pursue the legally required evidence to prove that the medical professionals did not uphold a high standard of care.
Settlement Negotiations
Once both sides prepare their case, settlement negotiations may begin. The goal of this phase is for both parties to reach an official agreement (settlement) that resolves the dispute without going through the time and expense of a full trial. The defendants will agree to pay a lump sum of money to you if the lawsuit reaches a settlement and all legal action stops. Our lawyers are prepared to represent your best interests in court if your case is unresolved during this phase.
Go Through a Trial
A case will proceed to trial if it is not resolved in settlement negotiations. During a trial, a judge and jury will hear arguments from both legal teams and examine all the evidence presented by each party. A verdict is reached once each side has had the opportunity to present their cases and a judgment entered. In some cases, the losing side may appeal the decision. Additionally, although trials may award you with more compensation than a settlement, you risk receiving no financial compensation at all if you lose. Let our lawyers help you win the compensation you need to help pay for the cost of your child's care.
Medical Malpractice in Birth Injury Cases
When a doctor makes a mistake or is negligent while delivering a baby, the result is often an injury to a mother, her child, or both. Although not all birth injuries are indicative of medical malpractice, an attorney can ensure that if your provider was negligent in your child's care, you get the compensation you deserve.
Common Examples of Medical Negligence During Childbirth
Failure to properly monitor the mother during her pregnancy
Failure to administer the proper antibiotics or administering the wrong antibiotics to a mother with an STD or other maternal infections before delivery
Neglecting complications such as premature delivery or issues with the umbilical cord can lead to a serious birth injury that causes a child to develop sensory processing disorder. As leaders in our communities, we place a great deal of trust in medical professionals to make the right decisions regarding our health.
While most people automatically picture doctors and nurses when medical malpractice liability comes to mind, additional parties involved who played a role in the healthcare of a pregnant woman and her baby may also be held accountable in a birth injury lawsuit.
The following types of medical providers and/ or facilities may be held responsible for committing medical negligence:
Obstetricians (OB-GYN)
Other obstetric professionals
Pediatricians, including pediatric neurologists
Anesthesiologists
Labor and delivery nurses
Midwives
Nurses
Hospitals and medical facilities
Hospital administrators
Other hospital staff
Neonatal nurses and aids
Neonatologists or pediatricians providing neonatal care
Respiratory therapists
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
While healthcare providers like doctors and nurses are often the ones medical malpractice suits are brought against, there are times when a hospital could also be held responsible. A hospital can be vicariously liable for an employee's negligent actions that caused harm during work hours or while the employee was performing a job-related task. For example, a hospital may be held vicariously liable for the negligent mistakes of an OBGYN during a patient's pregnancy or delivery.
A hospital may also be held directly liable for its own actions. For instance, hospitals may face direct liability for a patient injury caused by a failure to establish and adhere to medical protocols and standards. Whether it was a doctor, the hospital itself, or another medical professional, we can help you determine the cause of your child's birth injury and hold healthcare providers accountable for their actions.
When you file a birth injury claim, your lawyer must be prepared to present evidence that proves that a doctor's or hospital's negligence caused your child's birth injury. In a birth injury lawsuit, the plaintiff must be able to prove each of the following four legal elements.
Duty of Care: Before the provider will have a duty of care, the plaintiff must be able to establish a provider-patient relationship. Upon establishing this relationship, the medical provider is expected to meet a relevant standard of care that a medical professional with the same specialization would have exercised under the same conditions.
Breach: The next element the plaintiff must prove is that the healthcare provider or facility breached that duty by failing to meet the applicable standard of care.
Causation: The plaintiff must then demonstrate that the healthcare provider's negligent care directly caused their or their child's injuries.
Damages: Finally, the plaintiff must show that the harm they or their child suffered resulted in specific expenses and other losses. These losses may include anything from the cost of lifelong medical care to emotional suffering.
In birth injury cases, compelling evidence must be presented by the plaintiff's attorney to establish liability and secure damages. The birth injury lawyers at Miller Weisbrod Olesky can collect evidence on your behalf, consult with medical experts to determine the cause of the injury, and identify all negligent medical professionals who contributed to you or your child's birth injury.
Recoverable Damages Available in a Birth Injury Lawsuit?
When a doctor or hospital's negligence, wrongful action, or lack of action before, during, or after childbirth results in injuries to you or your child, you may be entitled to seek financial compensation. Damages in birth injury lawsuits generally fall into two categories: economic and non-economic. Economic damages refer to the financial losses you've sustained due to the injuries you or your child suffered. Non-economic damages refer to subjective, monetary losses and are meant to compensate the victim for pain and suffering experienced as a result of the birth injury.
Economic Damages
Medical expenses (including the cost of any future medical care)
Lost income or wages of parents (including future loss of income)
The cost of assistive devices like wheelchairs or communication aids
Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
The cost of special education services and tutors
Home modification costs (such as ramps or accessible bathrooms)
The cost of assistive devices
Costs associated with a caregiver or home nurse
Non-Economic Damages
Physical pain and suffering
Reduced quality of life
Disfigurement and permanent scarring
Emotional or mental anguish
Paralysis, scarring, and disfigurement
Post-traumatic stress disorder (PTSD)
Loss of consortium
Punitive or Exemplary Damages may be awarded in addition to economic and non-economic damages. These damages are often difficult to prove and only awarded in cases where the medical professional's behavior is intentional or especially negligent. Punitive damages are intended to punish the at-fault party and deter others from committing similar wrongful behavior.
The settlement award you may receive will depend on various factors, including the nature and severity of your child's condition, the impact of the injury on the child's quality of life, and the financial damages you have suffered. A dedicated birth injury lawyer can help you prove all your damages and calculate the potential value of your medical malpractice settlement.
Birth Injury Lawsuit Statute of Limitations
A statute of limitations is a law that imposes a deadline for filing birth injury lawsuits. If you fail to file a claim before the statute of limitations "runs out," you may lose your right to pursue legal action and seek compensation. In some cases where an injury may not be immediately apparent, the statute of limitations may be extended.
The discovery rule prevents the statute of limitations from running until the injury is discovered or reasonably should have been discovered. It is also important to remember that the statute of limitations varies by state and the type of claim you're filing. A birth injury attorney can help you avoid missing all crucial deadlines related to your case.
Speak With a Birth Injury Lawyer Today
Our nationally recognized birth injury attorneys at Miller Weisbrod Olesky have the resources and skills to guide you through the legal process. We have successfully represented medical malpractice clients in more than 20 states and have recovered multi-million dollar settlements on behalf of our clients.
If your child suffered a preventable birth injury that resulted in sensory processing difficulties, you have the right to take legal action against a negligent medical professional. Our team of birth injury malpractice lawyers, registered nurses, and nurse attorneys will thoroughly investigate the facts of your case and determine how and why your child suffered a birth injury. To learn more about how we can put our decades of experience to work for you and your family, call our toll-free line at 888-987-0005 or fill out our convenient online form.
Free Birth Injury Lawsuit Consultation
Our Birth Injury Attorneys
Les Weisbrod
Les Weisbrod has been on the cutting edge of the national birth injury litigation scene for almost 40 years.
As a national birth injury attorney, Les has settled over 204 medical negligence cases for more than $1,000,000. He also obtained settlements in 75 birth injury cases for over $1,000,000 each.
His $31 million verdict against Baylor University Medical Center in Dallas was one of the top 100 verdicts in the United States that given year.
Les is recognized nationally and internationally as one of the top plaintiff’s medical malpractice trial lawyers in the United States. But the recoveries for the clients and the differences made in the lives of the children and families Les has represented tell only part of the story.
Les has worked with his law partner Clay Miller for years to build a one-of-a-kind law firm.
Miller Weisbrod provides unique and unparalleled services to families of birth-injured and brain-injured children from the moment the firm decides to take the case.
The registered nurses and registered nurse-attorneys on staff are valuable team members who assist Miller Weisbrod birth-injury clients. Les has designed a system where each birth injured child is assigned a nurse-attorney liaison to guide them through the process of medical treatment/evaluation, therapies, home assistance, and quality of life improvement.
Miller Weisbrod’s unmatched service allows families to better cope with the immediate challenges facing our young clients.
Birth-injured children and their families are Les and Miller Weisbrod’s priority.
Les and the attorneys at Miller Weisbrod fight for the justice their clients are entitled to under our nation’s system of justice.
This fighting spirit has taken Les across the United States to represent clients in birth injury and medical negligence cases. In fact, he has personally handled cases not only in Texas but also in Arkansas, Arizona, Colorado, Oklahoma, Louisiana, Utah, Iowa, Ohio, Oregon, Montana, Alabama, Georgia, Florida, and New York.
Les and Miller Weisbrod continue to expand their reach of helping brain-injured children to new states each year as we strive to bring a sense of justice to each affected family. And Les is not the only one who notices he fights for his clients.
Michael Rustad, a Professor of Law at Suffolk University Law School in Boston who has done extensive research on punitive damage awards, says,
“Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.”
Also, a well-known defense medical malpractice attorney dubbed Les Weisbrod the “pitbull” of the Texas medical malpractice bar in a media profile of Les published by a major newspaper.
Les shares his experience and knowledge to improve the representation of all birth-injured children and their families.
In the early 1990s, Les recognized that a more focused effort needed to be made to educate attorneys who handle birth injury cases. As a result, Les was the founding Co-Chair of the American Association for Justice (AAJ) Birth Trauma Litigation Group in 1991. He also was a founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999 and served as Chair of AAJ’s Professional Negligence Section in 1996.
Combined, these groups have put on more than a hundred continuing education seminars across the United States. helping to educate other attorneys by bringing in world-renowned experts in the fields of:
labor and delivery
neonatal care
the care and treatment of birth-injured children, including those suffering from cerebral palsy and hypoxic-ischemic encephalopathy (HIE)
Education and professional experiences back up his dedication to helping children and families harmed by medical malpractice.
Les received his B.A. magna cum laude in 1975 from Claremont Men’s College and his J.D. in 1978 from Southern Methodist University Law School.
He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.
Les was a past president of the Dallas Trial Lawyers Association in 1993. He has been a member of the Texas Trial Lawyers Association Board of Directors since 1990.
His work with the American Association for Justice (AAJ) (formerly ATLA) includes serving as President, President-Elect, Vice President, Secretary, Treasurer, and Parliamentarian. Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and the 17-member Executive Committee of AAJ since 2001. In 1990, he was chosen as a Rising Star of the ATLA and presented a paper entitled “Dirt and Greed: A New Look at Medical Malpractice Cases.”
Les has written and lectured extensively on birth injury litigation, medical malpractice, and medical product topics.
Les is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins. He also co-authored the “Drugs & Medical Devices” chapter in AAJ’s Litigating Tort Cases.
He also has lectured to lawyer groups across the U.S., Canada, England, and Australia.
Education
Southern Methodist University - School of Law, J.D. - Dallas, Texas, 1978
Claremont Men's College - B.A. - Claremont, California, 1975
Bar Admissions
Texas
Arkansas
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Products Liability
Personal Injury
Associations & Memberships
State Bar of Texas
National Association Of Distinguished Counsel
Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum
American Association for Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Pan-European Organization of Personal Injury Lawyers
American Society of Law and Medicine
Consumer Attorneys of California
Arkansas Trial Lawyers Association
Louisiana Trial Lawyers Association
Dallas and American Bar Associations
ABOTA (American Board of Trial Advocates)
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
David Olesky is Vice Chair of the Health Care Professional Liability practice. David is a trial lawyer focusing his practice on complex litigation matters that involve defending and protecting clients in all types of cases related to catastrophic injuries or death, but with a special focus on birth injury cases. David regularly advises his health care clients on the issues and challenges that they face on a daily basis. Clients repeatedly look to him for guidance to handle such high stakes cases and matters in Texas and jurisdictions outside of Texas.
David has earned the trust and reliance of clients he has worked with by consistently getting the results that matter most to them, whether that is a win at trial or a favorable outcome through alternative dispute resolution outside the courthouse. Through his representation, David demonstrates a true loyalty and hardworking commitment to the clients that he serves.
David believes the foundation of any client relationship is to act as a trusted advisor instead of simply as a litigator. Clients value his earnest representation of their business interests, accompanied by a devotion to understanding their businesses, prompt attention to their immediate needs and the challenges they face in their individual roles.
Education
Southern Methodist University Dedman School of Law, J.D., 1992 - Dallas, Texas
Alexandra Boone is a partner in Miller Weisbrod. She concentrates her legal practice in the area of birth injury, medical malpractice and mass tort products liability. Alex currently works directly with firm partner Les Weisbrod in managing the birth injury docket and working with the firm’s highly qualified expert witnesses in the review of potential cases. Alex also litigates her own docket of medical negligence cases.
Over the course of her 17 years with the firm, Alex has focused on the administration and prosecution of mass tort litigation, originally focusing on occupational toxins, but more recently in the area of pharmaceuticals and medical devices. In the past, she has actively pursed cases involving hormone therapy, Vioxx, Fosamax, and Reglan. Alex was also instrumental in our firm successfully resolving thousands of cases transvaginal mesh, hip prosthetics, and the blood thinner Xarelto. She is actively prosecuting over 1,000 cases.
In addition to being a member of the Texas bar, she is also licensed in Oklahoma and is a member of the American Association of Justice, Texas Trial Lawyers Association, Oklahoma Association of Justice and the Dallas Trial Lawyers Association.
Education
Baylor University - School of Law, 1996, J.D. - Waco, Texas
Bar Admissions
Texas - 1996
Oklahoma - 2006
Areas of Practice
Products Liability
Mass Tort
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Oklahoma Association of Justice
Dallas Trial Lawyers Association
Pro Bono Activities
East Texas Legal Services/Nix Law Firm Pro Bono Project, 1996 - 1997
Robert Wolf
Robert E. Wolf was born in Dallas, Texas and graduated Magna Cum Laude as a proud horned frog from Texas Christian University in 1997, with Bachelor of Science degree in Political Science and was inducted into Phi Beta Kappa and Mortar Board. He obtained his law degree from Southern Methodist University in 2000 while serving as an Articles Editor for the International Law Review and winning awards at Mock Trial and Appellate competitions.
Robert has been named a Thomson Reuters | Texas Super Lawyers Rising Star (less than 2.5% of attorneys in Texas receive this distinction) in 2011, 2012, 2013, 2014, and 2015. Further, Robert was recognized as a National Trial Lawyers Top 40 Under 40 attorney for Texas in 2012 (no more than 40 attorneys in Texas are eligible for this award annually).
Robert brought his passion for and over 14 years of experience of representing seriously injured individuals and their families to Miller Weisbrod in January 2015, and has concentrated his legal practice in the area of medical malpractice, products liability, and pharmaceutical/mass tort litigation. He is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
In addition to many successful jury verdicts and settlements across Texas, Oklahoma, Iowa, Wisconsin, and Idaho, Robert’s role as an attorney representing victims and their families has led to numerous changes to key safety practices and policies and procedures at corporations and medical facilities.
Robert and his wife Suzy also get plenty of exercise trying to keep up with their precious and very active daughter.
Education
Southern Methodist University - Dedman School of Law, J.D. - 2000 - Dallas, Texas
Texas Christian University - B.S. Political Science - 1997 - Fort Worth, Texas
Bar Admissions
Texas - 2000
Areas of Practice
Medical Malpractice
Personal Injury
Products Liability
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Carrie Vine
Carrie Lynn Vine has over 15 years of experience in medical malpractice litigation, with a particular focus in representing children and families who have suffered birth injuries as a result of the negligence of either doctors, nurses or hospitals.
She is a passionate advocate for her clients and has handled hundreds of birth injury and birth trauma cases throughout the United States. As part of Carrie’s national birth injury legal practice, she has handled cases in Texas, Arkansas, California, Nevada, Kentucky, Georgia, Illinois, Wisconsin, Ohio, Pennsylvania, North Carolina, South Carolina, Florida, and North Dakota. She is determined to seek justice and works to obtain fair compensation for the children and families she represents.
Carrie earned her law degree from Northern Illinois University where she tutored other law students. Prior to law school, she received her undergraduate degree from the University of Notre Dame in Biomedical and Biological Science, and earned both a Master’s Degree and a Ph.D. from The Pennsylvania State University in Anthropological Genetics. She then conducted post-doctoral research at the University of Michigan Medical School before deciding to attend law school. She applies an academic mindset and love of science and medicine to mastering the medical principles and literature relevant to the cases she pursues.
Carrie is an active member of the American Association of Justice as well as the Birth Trauma Litigation Group (BLTG).
Education
Northern Illinois University:
Law School
University of Notre Dame:
Biomedical Science
Pennsylvania State University:
Anthropological Genetics
Bar Admissions
Texas
Areas of Practice
Birth Injury/Birth Trauma
Medical Malpractice
Associations & Memberships
American Association of Justice:
Member
Birth Trauma Litigation Group:
Member
Larry Lassiter
Lawrence R. Lassiter is an AV-rated attorney with more than twenty years of experience in appellate and trial advocacy. He has been consulted by attorneys across the country to conduct research, evaluate cases, prepare appellate and trial briefs, and formulate litigation strategy. He has prepared hundreds of appellate briefs in federal and state appellate courts, including the highest courts of Texas, West Virginia, Georgia, Oklahoma, Ohio, Nebraska and Tennessee, and he is member of the Bar of the United States Supreme Court. Larry has a national appellate and legal briefing practice. Larry has filed extensive briefs and/or argued before either state or federal courts in 30 out of 50 states in his career.
Larry assists the Birth Injury team in all aspects of legal briefing. Unlike many other birth injury firms across the United States, Miller Weisbrod has an attorney dedicated to handling legal briefing on behalf of our clients across the country. Larry has handled extensive briefing in birth injury and other medical malpractice cases in Texas, New Mexico, Arkansas, Oklahoma, Iowa, Ohio, Alabama, Georgia, New York, Utah, Arizona, Louisiana and West Virginia.
Since joining Miller Weisbrod in 2010, Larry has won a number of important victories vindicating the rights of our clients in both state and federal appellate courts, including Vitacost.com, Inc. v. McCants, 210 So.3d 761 (Fla. Ct. App. 2017); TTHR Ltd. Partnership v. Moreno, 401 S.W.3d 41 (Tex. 2013); In re E.B., 729 S.E.2d 271 (W. Va. 2012); Mid-Continent Cas. Co. v. Davis, 683 F.3d 651 (5th Cir. 2012); Rouhani v. Morgan, 2017 WL 3526719 (Tex. App. – Houston [1st Dist.] 2017, no pet.); Mid-Continent Cas. Co. v. Andregg Contracting, Inc., 391 S.W.3d 573 (Tex. App. – Dallas 2012).
He was as a judicial clerk for the Honorable Harlington Wood Jr., Circuit Judge, United States Court of Appeals for the Seventh Circuit. Larry was a University of Iowa Presidential Scholar and served as Editor in Chief of the Iowa Law Review.
Larry is an active member of the American Association for Justice. He is a member of AAJ’s Birth Injury Litigation Group and Medical Negligence Sections.
Education
University of Iowa - Political Science & History - B.A. - Iowa City, Iowa
University of Iowa - School of Law - J.D. - Iowa City, Iowa
Bar Admissions
Texas - 1996
Kansas
Missouri
Areas of Practice
Appellate Advocacy
Medical Malpractice
Pharmaceuticals & Medical Devices
Products Liability
Personal Injury
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Laurie Pierce
Laurie draws upon extensive experience in state and federal courts with a focus on complex claims involving medical malpractice cases. After many years of defending health care providers and hospital systems in medical malpractice cases, Laurie joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
Laurie’s focus is to understand not only the facts and circumstances of the matter at hand, but to understand the specific needs and goals of the client and their unique business considerations. Her extensive background in commercial litigation provides a foundation that enhances her health care litigation practice. She works with clients that require more than a strong trial lawyer; they expect an attorney who understands the relationship between law and their specific business and who will work tirelessly to protect their rights, interests and bottom line.
Admitted to Pro Bono College of State Bar of Texas in 2019 for outstanding delivery of legal services to low-income Texans
Court Admissions
United States Supreme Court
U.S. District Court, Eastern District of Texas
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Western District of Texas
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Bar Admissions
Texas - 1996
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
Texas Bar Association
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children. Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions. Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Education
SMU Dedman School of Law - Dallas, Texas
University of Texas at Arlington - Arlington, Texas
Bar Admissions
Texas - 1996
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Matt Adair
Matt Adair is an attorney specializing in medical malpractice, products liability, and pharmaceutical litigation. He received his bachelor’s degree in Philosophy from the University of Notre Dame. During his time there, he studied abroad at the New College at Oxford University in Oxford, England.
Matt is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
Education
University of Notre Dame - Philosophy, B.A. 2012 - Notre Dame, Indiana
Baylor University - School of Law J.D. 2015 - Waco, Texas
Bar Admissions
Texas - 2015
Areas of Practice
Medical Malpractice
Products Liability
Pharmaceutical Litigation
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Garrett Stanford
Garrett Stanford was born in Dallas, Texas and graduated from Southern Methodist University in 2017 with a B.A. in Political Science. After graduation, he attended Baylor University School of Law. During his time at Baylor, he was a member of the Order of the Barristers and he won the Judge W.C. Davis Endowed Criminal Practice Professional Track Award. He obtained his law degree and license to practice law in 2020.
Garrett joined Miller Weisbrod in August 2021. His legal practice is concentrated in the area of birth injury and medical malpractice. Garret is actively involved in handling birth injury and medical malpractice cases in Texas, Ohio, Utah, Arkansas and Oklahoma.
Education
Southern Methodist University - Political Science, B.S. - Dallas, Texas
University of Baylor - School of Law, J.D. - Waco, Texas
Bar Admissions
Texas - 2020
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
State Bar of Texas
Meet our Legal Nursing Team
Linda Chalk
As a registered nurse, Linda practiced ICU nursing for 44 years while caring for a wide range of patient conditions. She has worked closely with founding partner Les Weisbrod for over 30 years, investigating and pursuing birth injury cases.
Along with DJ Weisbrod, Linda heads up the firm’s birth injury intake, screening, and medical literature research team. She personally screens all potential cases to ensure that medical issues have been addressed before we file lawsuits on behalf of birth-injured children and their families.
DJ Weisbrod
Before joining Miller Weisbrod, DJ practiced as a surgical nurse in various hospital and operative settings. She has been with the firm over 30 years.
DJ directs Miller Weisbrod’s birth injury intake and medical screening team. She has also served as firm founder Les Weisbrod’s trial nurse for all cases involving medical negligence and birth injury.
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Bar Admissions
Texas - 1990
Areas of Practice
Birth Injury/Birth Trauma
Medical Malpractice
Associations & Memberships
Texas Bar Association
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children.
Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Kelly Kunkel
Kelly Kunkel was born and raised in Dallas, Texas. She has 15 years’ experience in hospital based High Risk Obstetrics and Labor and Delivery bedside nursing care. Kelly graduated with an Associate’s Degree in Nursing from El Centro College in December of 1990 and received her Bachelor’s Degree in Nursing from West Texas A&M University in 2008; graduating with honors.
In addition, Kelly has over 25 years’ experience in medical malpractice case management and litigation and has worked with David Olesky for over 22 years. After many years of assisting in defending healthcare providers and hospital systems in medical malpractice cases involving complex litigation matters related to birth injury, catastrophic injury and death, Kelly has proudly joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
