While most pregnancies result in the safe birth of a healthy baby, the reality is there are still many expecting mothers who experience birth complications during their pregnancies and delivery. Some of these birth complications, like Vasa Previa, can result in severe injuries to a mother and her unborn baby including causing cerebral palsy and hypoxic ischemic encephalopathy (HIE).
A preventable medical error should never result in serious birth injuries or the loss of a child. It is, therefore, vital that doctors and healthcare providers diagnose Vasa Previa early, monitor the mother throughout her pregnancy, and schedule a C-section to improve the mother's chances of delivering a healthy baby. Whenever a doctor or other medical professional fails to assess risk factors for Vasa Previa properly, diagnose Vasa Previa, or manage the condition, it may constitute medical malpractice.
The birth injury medical negligence team at Miller Weisbrod Olesky is a leading voice in advocating for the rights of children and their families affected by a birth injury. Our nationally recognized birth injury firm has successfully represented medical malpractice clients in more than 20 states and has a track record of securing multi-million dollar results. If you or your child now suffers from a severe birth injury that resulted from a Vasa Previa complication, our Birth Injury Lawyers can investigate your case and help you determine whether medical negligence was to blame.
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 Vasa Previa?
In a healthy umbilical cord, two arteries and one vein carry blood and oxygen to and from the baby. Vasa Previa is a condition that occurs when some of the blood vessels from the umbilical cord that connect the fetus to the placenta lie unprotected outside the amniotic sac, either near or across the cervix. The lack of protection can cause exposed blood vessels to burst when the mother's water breaks.
Type I Vasa Previa: With Velamentous Cord Insertion (VCI): This happens when the umbilical cord blood vessels insert into the amniotic sac instead of the appropriate part of the placenta. When this happens, the umbilical cord blood vessels are unprotected and at risk of bursting once labor starts.
Type II Vasa Previa: With a bilobed, multilobed, or succenturiate placenta: This occurs when the placenta splits into two or more parts called lobes, and the umbilical cord connects the divided placenta. In some cases, a smaller lobe forms called a succenturiate lobe. If the exposed blood vessels traveling between the lobes lie near the cervix, they can burst and bleed once labor starts.
Type III Vasa Previa: With boomerang vessels from the placenta: This type of Vasa Previa results from one or more large boomerang vessels that run from one edge of the placenta through the membranes to another edge of the placenta; this may occur in cases with resolving placenta previa.
When the amniotic sac breaks, the exposed umbilical cord blood vessels can be torn during labor and lead to significant blood loss for both the mother and baby. Severe bleeding may also result in a lack of oxygen that can cause an anoxic brain injury that can cause HIE or cerebral palsy. An expectant mother diagnosed with Vasa Previa should undergo a thorough evaluation as soon as possible. Once the condition is diagnosed, doctors and other healthcare professionals should take proper precautionary measures to protect the mother and her fetus.
For example, due to the risks associated with babies who are born vaginally to mothers with Vasa Previa, an emergency cesarean section (C-section) is often recommended. Additionally, if blood vessels rupture during delivery, doctors and other medical staff members must be prepared to provide immediate neonatal blood transfusion if needed.
The baby has a greater chance of avoiding a birth injury such as cerebral palsy or hypoxic ischemic encephalopathy (HIE) or, in the most severe cases, death when Vasa Previa is diagnosed before problems arise during pregnancy. If you believe undiagnosed or improperly treated Vasa Previa caused your child to suffer a birth injury, let our experienced birth trauma attorneys at Miller Weisbrod Olesky explain your legal rights and help you explore your options.
Vasa Previa vs Placenta Previa
Placenta Previa (low-lying placenta) is a condition that happens when the placenta sits in the lower part of a pregnant mother's uterus and covers the cervix. The placenta typically attaches to the top or side of a mother's uterus, away from the cervix. When the placenta is close to the cervix and the blood vessels that connect a mother's placenta to her uterus break this can cause heavy bleeding. Mothers who've had previous C-sections and fertility treatments or who smoke are at a higher risk of developing placenta previa.
An expectant mother is at an increased risk of having Vasa Previa if her placenta is low, she is carrying more than one baby, or her umbilical cord develops in an unusual manner. Upon diagnosing Vasa Previa, a doctor or other healthcare provider should schedule a C-section at around preterm baby's lungs and other organs mature.
A term used to describe the condition in which unprotected arteries and veins in the umbilical cord run through the amniotic sac before connecting with the placenta. Vasa Previa occurs in VCI when the unprotected vessels pass through the amniotic sac above the cervix.
Can cause Vasa Previa when the placenta forms into two or more separate lobes. A small accessory lobe called a succenturiate placenta may also develop in the membranes at a distance from the main placental mass. Multiple lobes often develop because the placenta tends to seek out blood-rich areas of the uterus. The blood vessels crossing between lobes of the placenta may end up above the cervix and cause Vasa Previa.
Vasa Previa Risk Factors
While there is no single risk factor that can determine the likelihood of Vasa Previa occurring during pregnancy, there are several that are associated with the condition. For example, according to a study published by the American Journal of Obstetrics and Gynecology, an estimated 60% of women with Vasa Previa had placenta previa (low-lying placenta), which was detected by ultrasound during the second trimester.
The following are some of the most common risk factors for Vasa Previa that doctors should be aware of:
Placenta Previa: a condition that occurs when the placenta lies very low in the uterus and blocks all or part of the baby's exit from the vagina.
The baby was conceived with In Vitro Fertilization: IVF puts a mother at a significant risk factor for Vasa Previa due to the high incidence of abnormal placentation.
The mother is pregnant with multiple babies (“multiple gestation”): Vasa Previa occurs more frequently in twin or multiple pregnancies because the prevalence of abnormalities such as umbilical proximate cord insertion is higher for multiple pregnancies.
The mother previously had a C-section or uterine surgery: The risk of placenta previa in pregnancy after a C-section has been reported to be approximately six times higher than after a vaginal delivery. The persistence of placenta previa has been linked to previous cesarean delivery. Placenta previa and severe postpartum hemorrhage are also frequently associated with a history of uterine surgical complications.
Vaginal bleeding, especially if the blood is dark in color, is the most common symptom of Vasa Previa. Doctors should perform a transvaginal ultrasound to identify the condition whenever a patient presents with bleeding or any other risk factors. Some expecting mothers will exhibit no outward symptoms before labor, which is why doctors need to be aware of the subtle signs during labor and delivery.
The best outcomes of babies after the birth complication of Vasa Previa are those where the condition is diagnosed and treated early in the pregnancy. An obstetrician can detect Vasa Previa as early as 18 weeks using a transvaginal ultrasound. If doctors recognize Vasa Previa before labor, they can monitor the well-being of the patient and baby and, in most cases, schedule an early C-section.
When medical professionals fail to notice signs of Vasa Previa and endanger an expectant mother and her infant by proceeding without administering effective Vasa Previa treatment, they could be held liable for medical malpractice. A skilled Birth Injury Lawyer can review your medical charts to determine if a healthcare provider ignored clear signs that should have led them to recognize Vasa Previa and manage the condition promptly.
What Are Vasa Previa Symptoms?
Symptoms of Vasa Previa are typically not noticeable until a mother begins to go into labor. When the membranes rupture, women may experience painless vaginal bleeding that is dark in color. The blood may be darker than is typical because the baby's blood does not have as much oxygen as the mother’s blood. Another common symptom of Vasa Previa is the baby's heart rate, which may be slower. If you notice any bleeding during pregnancy, you should see your healthcare provider immediately.
How is Vasa Previa Diagnosed?
A doctor like an obstetrician or maternal-fetal medicine specialist will typically diagnose Vasa Previa during a prenatal ultrasound by detecting certain abnormalities in the placenta or an irregular fetal heartbeat. The ultrasonography is done with a Transvaginal Ultrasound Imaging Device that is inserted into the vagina to look at a pregnant woman's pelvic area, uterus, ovaries, cervix, and tubes. A doctor may also use Doppler Color Flow Mapping to trace the umbilical cord to the placental end or the uterine wall.
If medical professionals fail to diagnose Vasa Previa, it may be discovered once the mother goes into labor. An emergency C-section should be performed if any of the following complications occur.
In 39% of cases of Vasa Previa, the condition resolved on its own. However, it typically persists in most cases and puts blood vessels at risk of rupturing. If a doctor fails to recognize this condition, the fetal vessels will rupture along with the amniotic sac, and the mother or her child may necessitate an emergency blood transfusion.
Whenever a pregnant mother bleeds at the time of membrane rupture, a doctor or other healthcare professional should suspect she has Vasa Previa. An emergency C-section delivery must be performed immediately to prevent major damage if the infant's heart is non-reassuring. In cases where a transfusion may be needed after a C-section, members of the medical team overseeing the delivery should quickly order blood products.
Due to the increased risk of premature labor associated with Vasa Previa, a doctor should prescribe the baby a steroid called betamethasone between 28 and 32 weeks of gestation to help the infant's lungs and other organs mature. A doctor may also recommend that a mother be admitted to the hospital for more frequent fetal heart rate monitoring and immediate medical intervention if necessary. Following a Vasa Previa diagnosis, your healthcare provider should offer you regular follow-up ultrasounds and plan for an early C-section.
Betamethasone is a systemic corticosteroid used to relieve inflammation in various conditions, including but not limited to allergic states, dermatologic disorders, gastrointestinal diseases, and hematological disorders.
Risks to Babies and Newborns Associated with Vasa Previa?
As a result of undiagnosed Vasa Previa, the newborn may suffer an incapacitating disability (like cerebral palsy or Hypoxic-ischemic encephalopathy) or even die during birth. In babies born vaginally to mothers with undiagnosed Vasa Previa, there is also a high risk of profound blood loss, reduced circulation, and fetal oxygen deprivation which can cause fetal hypoxia or fetal asphyxia.
When the fetal blood vessels rupture in Vasa Previa, the blood flow and oxygen to the fetus stop, and oxygen deprivation occurs. Birth Asphyxia or oxygen deprivation can cause a form of neonatal brain damage called hypoxic-ischemic encephalopathy (HIE) that can lead to other disabilities like cerebral palsy or epilepsy. To improve their condition, children affected by these disorders may require special education and physical, speech, and occupational therapies.
Treatment for Vasa Previa
As the pregnancy progresses toward full term, the goal of treatment is to closely monitor the mother and fetus. While there is no cure for Vasa Previa, the baby's chances of avoiding a serious birth injury are significantly increased if the condition is appropriately managed.
Once Vasa Previa has been diagnosed, your healthcare provider may schedule you for nonstress tests twice a week, starting between 28 and 32 weeks. Between 30 and 32 weeks, your provider may recommend that you be admitted to the hospital so you and your baby can be more closely monitored in the days leading up to delivery.
Between 34 and 37 weeks, your physician may schedule a C-section; however, delivery can be earlier if the woman or fetus is in danger. In preparation for a C-section delivery, your doctor may give you a shot of corticosteroids to help the . If your membranes rupture early, you have vaginal bleeding, or your baby is in fetal distress, you may need an emergency C-section. For a successful delivery, be sure to follow your pregnancy plan and any instructions given to you by your medical provider.
Medical Negligence in a Vasa Previa Birth Injury Case
Doctors and other medical professionals must act in accordance with the relevant standard of care to ensure the safety of their patients. If a doctor or other healthcare provider breaches the standard of care by providing substandard treatment, they may be held liable for birth injury medical negligence.
Examples of vasa previa medical malpractice include:
Failure to properly assess risk factors of Vasa Previa
Failure to diagnose the condition in a timely manner
Failure to provide an individualized Vasa Previa management plan
Failure to recommend and schedule an early scheduled C-section delivery
Failure to take appropriate intervention measures in an emergency
Although Vasa Previa is a rare condition, doctors must remain aware of the risk factors of the condition, properly diagnose patients with these risk factors, monitor the mother and child carefully, and provide treatment as necessary to prevent severe injury or even death. Our Birth Injury Lawyers are prepared to investigate your case and collect evidence to support your medical malpractice claim. To prove your claim and help you recover compensation for your or your child's injuries and losses, our attorneys will need to establish the following four essential elements.
Four Elements of Medical Negligence
Duty of care: A medical professional (the defendant) owed the injured patient (the plaintiff) a duty of care at the time of the alleged medical malpractice.
Breach of that duty: Physicians and other healthcare providers have a responsibility to adhere to standards that would be considered reasonable according to their training, specialty, and community. A breach of duty occurs when the defendant fails to act according to the applicable standard of care.
Causation: The third element a plaintiff's lawyer must prove is that the injuries or losses would not have occurred if the defendant had not acted negligently.
Damages: Finally, the plaintiff must show that the defendant's negligent actions caused them to suffer quantifiable damages.
Medical malpractice or birth injury claims are not limited to being filed against a negligent medical doctor but can also be brought against nurses, hospitals, and others who provide health care services. After a birth injury, you may be able to hold multiple parties liable if numerous medical professionals were negligent.
Examples of parties/entities who may be held liable for medical malpractice:
A hospital may be held vicariously liable in a birth injury case for the negligent actions of its employees. For example, a hospital may be responsible for an employee failing to monitor a patient carefully.
Hospitals may also be found directly liable for an injury if they lack enough qualified staff members to care for patients at the time of the incident. To recover compensation in a successful birth injury claim, your attorney will need to collect as much evidence as possible to show that your healthcare provider delivered substandard care and build a strong case on your behalf.
Proving a Birth Injury Claim
Throughout your pregnancy, your medical caregivers must ensure that you and your unborn child are monitored carefully and provide quality, competent care. If a doctor or other caregiver is negligent and fails to provide a proper standard of care during the childbirth process, your Birth Injury Malpractice Attorney will obtain all supporting evidence and work with medical experts to prove a healthcare professional's negligence caused you or your child harm.
Types of Evidence Your Birth Injury Lawyer May Collect
Imaging tests (X-rays and MRIs)
Medical records for the mother and the infant
Hospital or birthing center records
Documentation of the child's current and future medical expenses
The cost of medical care
Videos or photos
A written account of the events that occurred before, during, or immediately after delivery
Testimony from various medical experts (obstetricians, nurses, anesthesiologists, etc.)
Statements from anyone who witnessed or was involved in the delivery process
Records of employment and disciplinary action taken against a healthcare provider
Entries in a journal detailing the child's challenges, pain, and emotional turmoil
At Miller Weisbrod Olesky, we strive to make pursuing birth injury compensation as stress-free as possible by handling every step of the legal process. Our knowledgeable Birth Injury Lawyers can evaluate all the costs linked to your child's injuries and help you secure the compensation you need to cover expenses associated with your child's birth injury.
Compensation for Vasa Previa Complications
When a physician or other healthcare provider fails to diagnose and treat vasa previa during pregnancy, they may be legally required to pay damages to the mother or child they harmed. If you or your child suffered injuries from undiagnosed or untreated vasa previa, you should consult with a birth injury lawyer who can review your case and seek just compensation on your behalf. In a birth injury case, there are three types of damages you may be able to recover.
Economic Damages
*Economic damages: refer to compensation for actual financial losses you have experienced or will experience because of your injuries.
Costs associated with medical and attendant treatment and care (past, current, and future)
Expenses for special education services
Loss of future earnings (child who will never be able to work)
The cost of assistive devices or mobility aids (wheelchairs, crutches, and walkers)
Home nursing or caregiver costs
Medication, surgery, or other specialist treatment costs
Non-Economic Damages
*Non-economic damages: refer to compensation for intangible, non-monetary losses that are designed to compensate the injured party and their family for the emotional suffering caused by a birth injury.
Physical pain and suffering experienced by a mother or her child
Emotional distress and mental anguish
Loss of consortium
Loss of enjoyment of life
Disfigurement and scarring
Permanent disabilities or physical impairment
Post-traumatic stress disorder (PTSD)
Punitive or Exemplary Damages may be awarded in birth injury cases where the healthcare provider's actions were intentionally harmful or extremely reckless. The purpose of these damages is to punish the defendant for their actions and deter others from repeating similar behavior in the future.
Parents need to remember that there is a time limit on when legal action can be taken against the responsible party for a birth injury. Talking to a Birth Injury Lawyer is the best way to determine if you have a case and help you avoid missing any critical deadlines.
Statute of Limitations in Birth Injury Cases
A statute of limitations is a law that defines the time period in which a birth injury lawsuit must be brought against a negligent healthcare provider or hospital. The deadline varies depending on the type of case you're filing and the state you live in. Failing to file your claim within the appropriate time frame may result in you losing your chance to recover fair compensation for your injuries and other losses. In birth injury cases, the statute of limitations generally starts running on the date the plaintiff was injured.
The discovery rule is one exception that can extend the amount of time an injured victim has to file a birth injury lawsuit. Under the discovery rule, the statute of limitations time window will begin on the date the injury was discovered or reasonably should have been discovered rather than on the date of the incident. Consult a qualified medical malpractice attorney who can help you avoid missing critical deadlines and explain how the statute of limitations applies in your case.
Contact a Trusted Birth Injury Lawyer Today
At Miller Weisbrod Olesky, our dedicated team of birth injury lawyers, registered nurses, and nurse attorneys will thoroughly examine the facts of your case to determine if medical negligence contributed to an injury suffered by you or your child. We understand that children with birth injuries like cerebral palsy and HIE often require different forms of intense therapy, specialized medical treatment, and life-long care.
While one of our birth injury attorneys works on your case, another department led by one of our in-house nurse-attorneys and nurse professionals acts as a medical case manager by regularly monitoring your child's treatment, helping to facilitate medical treatment and therapy, and arranging transportation and other services.
If a doctor's failure to prevent or address birth complications from Vasa Previa resulted in devastating injuries for you or your child, schedule a free consultation with one of our attorneys, we will do everything we can to help you seek the maximum available compensation for your child. Call us toll-free at 888.987.0005 or fill out our online form to make an appointment today.
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.
