During labor and delivery, the term uterine tachysystole is often used to refer to excessive uterine activity or contractions. A series of abnormally strong contractions during labor (“uterine tachysystole”) has been associated with decelerations in fetal heart rate that may progress to fetal distress and cause a newborn to suffer a birth injury.
It is not uncommon for an obstetrician to recommend inducing labor. Although labor induction is typically safe, certain risks do exist, including the risk of uterine tachysystole.
Uterine tachysystole is closely associated with the use of labor inducing drugs such as Pitocin or Cytotec. When too much Pitocin or Cyotec is administered, it may cause the uterus to contract too frequently, contractions to last too long, or the uterus may not have sufficient time to relax between contractions. Between contractions, the placenta "recharges" and supplies the infant with life-giving blood and oxygen. During that recovery time, the fetus replenishes its oxygen supply and purges waste. Tachysystole deprives a fetus of oxygen by constricting the supply of maternal blood flow to the placenta because the placenta is not able to recharge.
A baby can withstand a certain degree of diminished oxygenation. However, when contractions due to uterine tachsystole are too strong, too long, or occur too frequently, they can cause dangerous levels of oxygen deprivation. When a baby's brain and other organs do not get enough oxygen, it can result in lasting birth injuries, including cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE).
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 Uterine Tachysystole?
Uterine tachysystole is a condition characterized by excessively frequent uterine contractions prior to labor. The umbilical cord provides the fetus with oxygen and other nutrients from the placenta. During contractions, the blood and oxygen that flows in and out of the placenta slows or stops. While the placenta is at rest between contractions, the flow resumes, and the placenta is replenished with a supply of blood and oxygen. When a mother is experiencing a dangerously high number of contractions, the placenta doesn't have the time it needs to recharge, and the fetus may be deprived of oxygen for too long causing either fetal hypoxia (too little oxygen) or fetal asphyxia (oxygen being completely cut off).
Although uterine tachysystole can occur during spontaneous labor, it is most often seen as a result of induced or assisted labor using drugs like Pitocin. Doctors, nurses, and other medical professionals are responsible for monitoring contractions and performing various tasks to manage uterine tachysystole appropriately to guard against serious birth injuries.
What is the Difference Between Uterine Hyperstimulation and Tachysystole?
Uterine hyperstimulation or hypertonic uterine dysfunction occurs whenever there is any increase in uterine activity associated with an irregular fetal heart rate. Conversely, the term uterine tachysystole is a term used to describe a pregnancy complication where a woman experiences five or more contractions occurring within 10 minutes for two consecutive 10 minute periods.
Early detection of uterine tachysystole is crucial to preventing uterine hyperstimulation from occurring. Although the terms tachysystole, hypertonus, and hyperstimulation are all used to refer to excessive contractions during labor, some of these terms consider only the frequency of contractions. Others consider intensity, duration, and resting tone between contractions.
How Common is Uterine Tachysystole?
According to a study published in the Journal of Maternal-Fetal and Neonatal Medicine, 11% of laboring mothers who didn't receive labor-stimulating medicine had at least one episode of uterine tachysystole. After administering labor-inducing medications, approximately 24% of women experienced uterine tachysystole. Although excessively strong or frequent contractions occur in more than 10% of spontaneous labors, they occur most often when expectant mothers have been given medications like Pitocin to start or increase the frequency of contractions.
What Causes Uterine Tachysystole?
The naturally-produced hormone oxytocin stimulates uterine contractions in childbirth and boosts prostaglandins. The mother's body produces periodic bursts of oxytocin to produce contractions and ultimately push the fetus through the birth canal. Gradually, increasing bursts of oxytocin can cause contractions to become longer, stronger, and closer together until the mother finally gives birth.
For mothers who are experiencing weak contractions or prolonged labor, labor-inducing medications like Pitocin and Cytotec are used to stimulate contractions. Medications used to induce labor produce contractions that are different from those that a woman would naturally produce in labor. When an expectant mother has an adverse reaction to the medication, or if too much labor-inducing medicine is administered, it can lead to uterine tachysystole. Additionally, when oxytocin and a synthetic prostaglandin are administered together, the risk of tachysystole increases.
Although the most common cause for tachysystole is the administration of too much Pitocin or Cytotec, other causes of tachysystole include:
Hypertension: During pregnancy, some women have high blood pressure, also called hypertension. Hypertension can put the mother at risk for preeclampsia, eclampsia, stroke, and placental abruption. For newborns, hypertension makes it more difficult for the fetus to get the oxygen and nutrients a child needs to grow, and the mother may have to deliver the baby too early. When a baby is born too early, it is at risk for developing breathing, vision, and hearing problems. A preterm baby is also at risk at an increased risk of developing cerebral palsy and struggling with other developmental delays.
Placental Abruption: This is a serious condition that occurs when the placenta partly or completely separates from the wall of the uterus before delivery. For a pregnant mother, placental abruption can cause blood clotting problems, kidney failure, the need for a blood transfusion, and, in rare cases, the need for a hysterectomy if heavy bleeding can't be controlled. For the baby, the condition can lead to fetal asphyxia and is a medical emergency that requires an emergency c-section.
Epidural Use: The use of epidural anesthesia has been linked to an increase in uterine activity. During epidural use, contractions can become weaker and less frequent. To increase contractions, a medical professional may prescribe medication like pitocin. This can result in uterine tachysystole, and if not managed appropriately, it can potentially lead to several complications like fetal oxygen deprivation and uterine rupture, which can affect both the mother and the fetus.
Preeclampsia: When preeclampsia occurs during pregnancy, a doctor may advise an expectant mother to deliver early. This typically requires a healthcare professional to start labor artificially with Pitocin or Cytotec. If too much labor-inducing medication is administered, it can increase the risk of tachysystole. Preeclampsia may lead to an unplanned preterm birth, affect the arteries carrying blood to the placenta, lead to slow fetal growth, increase a mother's risk of placental abruption, and cause a baby to develop neonatal respiratory distress syndrome.
Maternal Dehydration: Staying hydrated during pregnancy is vital to maintaining amniotic fluids and help the baby grow. When a pregnant mother is dehydrated, it can cause premature contractions, preterm delivery, or decreased placental blood flow. Dehydration during pregnancy can cause a pregnant mother's blood volume to decrease while subsequently increasing oxytocin levels. High levels of oxytocin can cause the uterus to contract too frequently and cause health problems for the baby.
Chorioamnionitis: This is a complication of pregnancy caused by a bacterial infection or inflammation of the membranes and amniotic fluid surrounding the fetus. The bacterial infection can induce uterine contractions via the release of endotoxins and exotoxins. This increase in uterine activity can deprive the fetus of oxygen and lead to serious health outcomes for the baby, like HIE and Cerebral Palsy.
Even though tachysystole alone is not always a medical emergency, OBGYNs, nurses, midwives, or other medical staff have a responsibility to monitor a mother and her baby and take proper steps in response to an emergency, signs of fetal distress, or any other problems that may cause serious harm to an unborn baby. When a doctor or other healthcare professional fails to respond appropriately to tachysystole, they may be held liable for medical negligence.
Additionally, hospitals have specific protocols for administering labor-inducing medication and can also be held vicariously liable for injuries caused by the negligent actions of an employee. If you believe the mismanagement of uterine tachysystole harmed you or your baby, one of our birth injury attorneys can help you determine the strength of your case and explain your legal rights and options.
What Are Signs of Uterine Tachysystole?
The contractions a mother will experience in early labor tend to be less painful, shorter, and more spaced apart. Contractions will begin to last longer, become more painful, and be spaced closer together as labor progresses. According to the American Congress of Obstetricians and Gynecologists, even as labor intensifies, most contractions do not last more than 90 seconds. A mother may be experiencing symptoms of uterine hyperstimulation if her contractions are excessively frequent during labor and delivery.
Uterine Tachysystole and Risks to Newborns
A steady supply of oxygen is crucial for the development and well-being of a fetus. When an expecting mother is experiencing uterine tachysystole, the baby can become deprived of oxygen. Prolonged periods of oxygen deprivation can lead to a number of different complications. Both the mother and her baby may be affected by these complications.
Examples of primary risks to newborns associated with uterine tachysystole include:
Fetal heart rate changes: A normal fetal heart rate is between 110 and 160 beats per minute. The baby's heart rate may change in response to conditions in the mother's uterus. An irregular fetal heart rate may indicate that the fetus is not getting enough oxygen or is experiencing another issue.
Hypoxia (oxygen deficiency): Prolonged uterine tachysystole increases the baby's chance of experiencing fetal hypoxia. Oxygen deprivation or hypoxia occurs when the fetus is deprived of oxygen. A lack of oxygen may negatively impact fetal growth, increase the risk of developmental and intellectual disabilities, and result in cerebral palsy.
Neonatal Acidosis: When a child is deprived of oxygen, it can cause the baby's blood to become too acidic. The term fetal acidosis refers to an abnormally high concentration of acid that builds up in a baby's blood while in utero. A high level of acid in the baby's blood can lead to lifelong disabilities like epilepsy or cause death.
Ischemia (inadequate blood supply): During contractions excessively frequent uterine contractions, may interrupt maternal blood flow to the placenta. Infant brain ischemia occurs from the lack of oxygen that disrupts blood flow to the baby's brain. This can cause a baby to experience developmental delays, suffer from severe and permanent disabilities, trigger seizures, and lead to complications like cerebral palsy.
Preterm Labor: Uterine hyperstimulation can cause the cervix to dilate (widen) and efface (shorten and thin) which may result in premature or preterm birth. A baby that is born too early may have difficulty breathing, trouble feeding, and suffer from long-term conditions like cerebral palsy and other neurological disorders.
Excessive uterine activity and/or when uterine rupture occurs may cause an infant to develop conditions such as:
Cerebral palsy (CP): This is a disorder caused by damage to the fetal or infant brain. Cerebral palsy affects a child's ability to move and maintain balance and posture.
Seizure Disorders: When the fetus experiences prolonged oxygen deprivation, it can lead to fetal distress or contribute to HIE injury to the baby's brain. Injuries to the brain caused by HIE can cause seizures in newborns.
Developmental and intellectual delays: Decreased oxygen to the fetus can damage a newborn's brain and result in injuries that impair a child's development and affect their cognitive abilities.
Risks to the mother associated with tachysystole are:
Severe Maternal Blood Loss: Frequent or prolonged uterine contractions may result in a decrease or interruption of the flow of oxygen and blood between a pregnant mother and her infant. This reduction in fetal oxygenation can lead to a complication that contributes to severe maternal blood loss known as uterine rupture.
Uterine Rupture: Severe cases of tachysystole can cause the uterine wall to rupture and result in the fetus being expelled from the womb and into the mother's abdomen. This complication of pregnancy presents severe risks for the mother and her child. Some of these risks include excessive blood loss, brain damage due to lack of oxygen, and asphyxia.
Babies born to mothers who experienced uterine tachysystole were twice as likely to be admitted into NICU. Additionally, mothers suffering from tachysystole were also more likely to have a C-section delivery. A critical aspect of obstetric care is timely and appropriate management to mitigate these risks that may affect a mother and her newborn.
What are the Treatments for Tachysystole?
Doctors and other healthcare providers must carefully monitor a mother's condition when administering labor-inducing drugs. When signs of tachysystole and fetal distress are present, doctors should lower the dosage or stop administration of Pitocin entirely. Uterine tachysystole treatment may also require a physician to provide the mother with oxygen, increase IV fluids, and place the mother in the left lateral position.
It may be necessary for a doctor to perform an emergency C-section if the mother's contractions become potentially dangerous or if tachysystole leads to fetal distress or uterine rupture. If medical professionals like obstetricians and labor and delivery nurses or even midwives fail to respond to and appropriately treat complications of uterine tachysystole promptly, it can cause a mother and her infant to suffer serious harm. A tachysystole birth injury lawyer can assist injured patients and their families by helping them recover full compensation for their losses.
Proving Liability in Uterine Tachysystole Cases
There are several ways doctors or other health care providers may breach the professional standard of care and cause a mother and her newborn to suffer injuries due to preventable tachysystole.
The healthcare provider failed to consider risk factors before administering labor-inducing medication.
The healthcare provider administered an excessive dose of Pitocin or continued to administer it over an extended period.
The healthcare provider failed to monitor the mother and her baby adequately.
The healthcare provider failed to perform an emergency C-section on a mother who suffered a uterine rupture or fetal distress.
The healthcare provider failed to provide treatment for tachysystole (giving the mother oxygen, putting her in a left lateral position, and increasing her IV fluids.)
The healthcare provider failed to intervene when necessary.
To recover compensation for tachyscope-related birth injuries, your lawyer will need to establish liability by showing that:
There was a doctor-patient relationship. A doctor must first consent to treat the patient for a relationship to be established. Once a doctor-patient relationship has been formed, the doctor owes the patient a duty of care.
The physician or other medical professional breached this duty by failing to monitor tachysystole and respond appropriately.
The doctor's negligence caused you and/or your child to suffer injuries.
The injury resulted in damages such as medical expenses, lost income, pain, and suffering.
While medical negligence is often associated with doctors and nurses, negligence can also apply to any healthcare provider who fails to meet the established standard of care.
The following is an overview of the types of medical professionals and healthcare providers that may be held liable for medical malpractice:
Obstetricians and Maternal Fetal Medicine Physicians
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 specialists
Laboratory staff
A hospital could be vicariously liable for the negligent actions of its employees. For example, a hospital may be held vicariously liable for the negligent actions or omissions of an employee acting within the scope of their employment when the injury occurred. Hospitals can also be held directly liable for their own negligence if they fail to establish proper patient safety protocols or violate patient confidentiality by mishandling patient records.
In many cases, recovering compensation through a birth injury claim is the only way families can afford the costs associated with life-long care for their child. Gathering as much evidence as possible is crucial to successfully establishing a medical malpractice claim. To help prove your case, your attorney will oversee the collection of evidence like diagnostic test results and medical records and may consult medical experts to determine whether a medical professional's negligence caused your baby's injuries.
Important Evidence in a Birth Injury Case
During the childbirth process, medical professionals have an obligation to provide mothers and their unborn babies with the best possible care. When healthcare providers fail to act with the same level of care that a professional in the same field would have provided in the same or similar situation, they may be liable for medical negligence.
To build a strong case on your behalf, your lawyer will compile the following key types of evidence:
Medical records (the mother's and infant's)
Intake forms
Lab slips
Physician, nursing, or hospital notes
Hospital records
Records of any follow-up care
The medical professional's employment and disciplinary records
Previous complaints filed against the healthcare provider
Eyewitness testimony from other healthcare professionals who assisted during labor and delivery
Witness reports from medical experts who can testify to the appropriate standard of care
Photos or videos (when beneficial)
Records detailing the administration of any medication
Medical bills for the cost of treatment
A birth injury malpractice attorney will work to establish who was liable for your injuries and demonstrate the extent of harm caused by gathering the necessary evidence to build a compelling case. Beyond collecting evidence, our lawyers work closely with medical experts, including obstetricians, pediatric neurologists, neonatologists, nursing experts, and economists, to establish the defendant's negligence and assess the financial impact of the birth injury.
Types of Damages You Can Seek in a Birth Injury Case
Unexpected and costly expenses for your child's long-term care needs can cause a great deal of financial hardship. Although pursuing a medical malpractice suit can't undo the damage that was done, seeking compensation can provide birth injury victims and their families with the financial support they need to address medical expenses and other injury-related costs.
While every case is different, here are some examples of the types of compensation you may be eligible to recover in a birth injury lawsuit:
Economic Damages
These are calculable losses designed to compensate birth injury victims for direct costs they may have incurred as a result of the birth injury.
Medical expenses, including the cost of ongoing treatment
The cost of medical equipment or assistive devices
Cost of special education and behavioral services
Nursing or home care costs
Any other injury-related out-of-pocket costs
Home or vehicle alteration expenses
Non-Economic Damages
These damages are more subjective than economic damages and are meant to compensate birth injury victims for intangible losses that go beyond financial expenses.
Pain and suffering
Emotional distress and mental anguish
Loss of enjoyment of life
Lost wages for parents
Loss of companionship and support
Permanent disabilities, disfigurement, or impairment
Future loss of income if the child will never be able to work
Lost future earning capacity for parents who must leave work to care for their child
Punitive or exemplary damages may be awarded in cases where the healthcare provider's actions were grossly negligent or reckless. These damages are awarded to punish the at-fault party for their wrongdoing and deter others from committing similar acts in the future. Although these types of damages are not available in most birth injury cases, a knowledgeable birth injury lawyer can help you identify if you may be entitled to receive punitive damages.
The amount of damages you may be eligible to recover in your birth injury claim will depend on several factors, including the total cost of current and future damages caused by the birth injury, the severity of the injury, the effects on the child's quality of life, and the number of defendants involved. Keep in mind that every state has a statute of limitations for birth injury cases that limits the time you have to take legal action. Failing to file a lawsuit before the statute of limitations runs out could cause you to lose your right to recover compensation. An experienced birth injury attorney can ensure your case is filed on time and help you recover full and fair compensation for your losses.
Statute of Limitations for Filing a Birth Injury Lawsuit
A statute of limitations establishes the time frame within which the victim of a birth injury has to take legal action against a negligent healthcare provider. Typically, the statute of limitations begins to run from the time the malpractice occurs and causes the injury. However, the discovery rule makes an exception to the statute of limitations by extending the deadline for filing a birth injury case. The discovery rule allows birth injury victims to bring a lawsuit against a negligent medical professional or hospital on the date the injury is discovered or reasonably should have been discovered.
The window of time you have to file your case well depend on the state you live in and the type of case you’re filing. As soon as you suspect that you or your child may have sustained a birth injury, you should speak with a medical malpractice attorney who can make sure you don't miss your opportunity to file your claim.
Seeking Justice or Need Answers? Speak with a Uterine Tachysystole Injury Lawyer Today.
If you or your child suffered a birth injury and you suspect that a doctor's failure to diagnose and treat tachysystole is to blame, you need the guidance of a skilled birth injury lawyer who can thoroughly investigate the facts of your case and determine if medical negligence took place. At Miller Weisbrod Olesky, we understand the challenges mothers and children affected by birth injuries face, which is why we work hard to protect families impacted by medical negligence throughout the United States.
Our medical malpractice attorneys work alongside a team of registered nurses and nurse attorneys to address your concerns and fight for the compensation you need to secure your family's future. For more information about how we can help, contact us by calling our toll-free line at 888-987-0005 or by filling out our online form.
Birth Injury Free 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.
