Facial Nerve Paralysis at Birth
There is nothing quite like the moment when parents finally get to meet the newest member of their family. Seeing a child's face reflect joy for the very first time is a gift like no other. Unfortunately, sometimes unexpected events occur that are beyond our control. When labor and delivery nurses and doctors take actions or fail to act in ways that deviate from their duty to protect the health of a mother and her unborn child, it can result in serious birth injuries. One type of injury that can be caused by the negligent actions of doctors and other healthcare providers is a condition called facial nerve palsy.
Facial nerve palsy is one of the most common and severe birth injuries affecting newborns during delivery and usually requires medical intervention. While the effects of infant facial paralysis may only be temporary in some cases, in others, it may result in permanent nerve damage and disfigurement that could impact a child for the rest of their lives. If you believe a doctor or other medical professional's inattention caused your child to suffer from facial paralysis, you may be able to take legal action against them.
At Miller Weisbrod Olesky, our medical malpractice lawyers, registered nurses, and nurse attorneys have extensive experience helping families determine whether a healthcare professional's negligence caused damage to their child's facial nerve. Our compassionate birth injury lawyers understand how devastating it can be to see your child suffer from facial nerve palsy. We are prepared to ensure you recover the compensation you need to provide your child with the best possible care.
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 Facial Nerve Palsy?
Facial nerve paralysis, also known as facial palsy, is a birth injury that occurs when the seventh cranial nerve becomes damaged during birth. The seventh cranial nerve, or the facial nerve, carries nerve fibers that are responsible for controlling facial expression and movement. If this nerve is damaged or pressure is applied to it, the brain loses its ability to control the muscles that allow a child to smile, blink, frown, and do other voluntary movements.
Facial paralysis in children can occur suddenly or gradually over time and typically affects only one side of the face. The effects might last for a short time or have lasting impacts on a child's life, depending on the cause of your child's injury. Knowing how long your child's recovery will take is challenging and will depend on the type of facial injury your newborn has sustained. Injuries to the facial nerve are classified into three categories based on severity.
The three categories of facial nerve injury are as follows:
- First-degree injury: this occurs when the facial nerve is concussed or bruised due to mild pressure. The average recovery period for this type of injury is approximately 4-6 weeks or possibly earlier. A child with this type of nerve injury typically completely recovers and does not experience involuntary facial movements.
- Second-degree injury: this occurs when compression on the facial nerve is prolonged. The outer layer remains intact in these cases, but the nerve fibers inside are more severely damaged. The facial nerve will slowly start to repair itself at a rate of around one millimeter per day, and the nerve will begin to show the first signs of recovery at approximately 12-16 weeks. A child with second-degree nerve injury will develop unwanted facial movements.
- Third-degree injury: this occurs when the nerve is very severely damaged. Recovery for children with this type of injury is much slower and almost always incomplete. In some cases, the nerve is completely severed, possibly due to trauma, and surgical repair is often required to restore facial function.
Some of the first signs of facial palsy parents may notice are facial asymmetry, an inability for the child to close their eyes, swallow, or produce tears. Some causes of facial palsy include excessive pressure being put on the infant's face or head during delivery, improper use of birth-aiding tools like forceps or vacuum extraction devices, or when a physician makes a mistake in judgment by inducing labor too early.
It is a doctor's responsibility to take preventative measures to reduce the risk of this type of injury. These preventative measures may include closely monitoring the mother and baby during pregnancy, using devices that can be helpful in the birth process with caution, and ensuring that a mother receives proper prenatal care.
What Causes Facial Palsy in Newborns?
While facial nerve paralysis in children can be caused by numerous factors, in many cases, it is caused by birth trauma. The following are some of the most common causes of facial palsy.
- Incorrect use of medications like Pitocin to induce labor.
- Improper administration of epidural anesthesia to reduce a mother's pain.
- A negligent doctor or other medical staff member accidentally injuring a newborn's head.
- A doctor failing to use reasonable care when using facial palsy newborn forceps or a vacuum extractor to help guide the baby down the birth canal.
Additional factors associated with a heightened risk of facial palsy include:
- The infant's head is presenting at an unusual or difficult angle
- Prolonged labor or delivery
- Large birth weight and size of the child (Macrosomia)
- The mother's pelvis is small
There are many cases where newborns suffer from multiple injuries during birth. Some examples of other serious birth injuries commonly linked to facial paralysis in newborns include:
- Cerebral Palsy
- Hypoxic Ischemic Encephalopathy (HIE)
- Brain damage
- Brachial plexus injuries
- Erb's palsy
Healthcare professionals and other members of a pregnant mother's care team are fully responsible for the health and safety of a mother and her baby during labor and delivery. It is essential for them to remain alert to any threats and mitigate them as quickly as possible. Our birth injury attorneys can assist you in fighting for the justice and fair compensation you and your child deserve.
Common Signs and Symptoms of Facial Paralysis
Depending on the underlying cause, facial nerve palsy in newborns can present in various ways. Due to the diverse array of signs and symptoms this condition may exhibit, it can often be challenging for medical professionals to diagnose.
Common symptoms of facial paralysis include:
- Facial weakness or numbness
- Uncontrollable drooling
- Light and sound sensitivity
- Lack of motion in the forehead
- Trouble breastfeeding
- Difficulty chewing
- Problems with crying and speech later in life
- Inability to move muscles on one side of their face
- Inability to blink or close one or both eyes completely
- Reduced tear production, which can lead to corneal irritation
- Mouth muscles appear uneven when they’re crying
Determining whether a child has facial paralysis solely from observing symptoms alone is typically insufficient. To establish the extent of nerve damage and diagnose a child with this condition, a doctor will have to do a physical examination and perform a nerve conduction test. If you notice any of the above symptoms in your child, speak with a doctor who can identify whether your child may have facial nerve palsy.
What Are Treatments for Facial Palsy in a Newborn?
In relatively minor cases, some infants may experience recovery, usually within the first four months of life. However, in approximately 5% of cases, the damage is permanent and requires extensive treatment. When a child's condition does not improve without intervention, there are multiple treatment options a family may consider.
The following are a few of the types of non-surgical treatments a family may seek:
- Botox injections and dermatologic fillers
- Acupuncture
- Electrical stimulation
- Corticosteroids (anti-inflammatory medication)
- Antiviral medication
- Facial Physical Therapy
- Speech Therapy
- Occupational Therapy
- Eyedrops and eyepatches
When the extent of the problem is much greater, additional interventions such as surgery are often recommended to relieve pressure on the nerve. These types of surgeries could include a Temporalis Tendon transfer, a Gracilis transfer, or Nerve Grafting.
- Temporalis Tendon Transfer: If a facial nerve is injured, it may be possible to restore lost nerve function by transferring another nerve to the affected area. Temporalis tendon transfer is a relatively minimally invasive technique that is performed to help control chewing, lift a saggy or drooping mouth, and give an infant affected by facial paralysis the ability to smile. This procedure involves a surgeon connecting one end of a tendon in the jaw to a corner of the mouth.
- Gracilis Transfer: A doctor may recommend a Gracilis transfer in cases of long-term paralysis. This procedure involves a surgeon transplanting a small piece of the gracilis muscle located in the upper inner thigh to the affected side of the face and connecting it to blood vessels to keep the muscle and nerve alive. A Gracilis transfer is a highly specialized procedure; depending on the patient's specific issues, they may require more than one surgery.
- Nerve Grafting: This procedure can restore lost nerve function, movement, sensation and increase muscle control on the affected side of the face. A surgeon will move nerves located in another part of the body, such as the neck or leg, and connect it to paralyzed muscles in the face.
A child affected by facial nerve palsy may experience vast improvements through therapeutic methods or surgery. The emotional impact on a child living with facial nerve palsy can be immense. The inability to express emotions or fully communicate their feelings can lead to profound psychological repercussions on their overall well-being, including their self-esteem and social interactions. A child with facial nerve paralysis often requires support from family, friends, and healthcare professionals to navigate feelings of self-consciousness that may arise.
It is important to remember that each child affected by facial nerve palsy has their own set of specific needs. A healthcare provider can talk to you about what treatment options may be suitable for your child. To offset the high costs of medical treatment, our team can help you pursue a birth injury claim against a negligent healthcare provider to recover monetary damage for your losses.
Who Can Be Held Liable for Birth-Related Facial Paralysis?
Depending on the facts of your situation, a birth injury medical malpractice claim may not be limited to the attending physician who delivered your child. There is a wide range of healthcare professionals, such as nurses or anesthesiologists, who may also be held at fault in a birth injury case.
Here are some examples of medical professionals that could be held liable for your child's facial nerve paralysis:
- Doctors and surgeons
- Nurses
- Anesthesiologists
- Hospitals
- Healthcare institutions
- Other hospital staff
A medical malpractice lawsuit brought against a hospital usually involves hospital employees such as nurses, anesthesiologists, and technicians. A hospital would typically not be held liable for the negligent actions of a doctor who works at a hospital as an independent contractor. In situations where a doctor is employed by the hospital directly, however, the hospital may be held vicariously liable for malpractice by a doctor.
In the context of medical malpractice actions, a hospital can also be held directly liable for its own negligence if it fails to make reasonable inquiries into a member of its medical staff's education, training, and licensing. A hospital may also be found directly responsible for negligence if it fails to protect patients from harm by ensuring there is always enough registered nurses and other staff on duty to provide care as needed. A qualified birth injury malpractice attorney can discuss the specifics of your case with you, help you identify who should be held responsible for your child's birth injury, and bring a lawsuit against all negligent parties.
Recoverable Compensation for Facial Nerve Palsy Caused by Birth Injuries
Taking legal action against a negligent doctor, hospital, or other healthcare professional may allow you to recover compensation for your baby's facial nerve palsy and other injury-related expenses you've incurred. Damages in a birth injury lawsuit fall into two categories: economic and non-economic damages.
Economic damages account for any monetary losses you've sustained as a result of the birth injury. Non-economic are awarded to compensate the victim for subjective, non-financial losses such as the pain and emotional suffering they endured due to the injury. A medical malpractice attorney can evaluate your case and help you determine the compensation you may be eligible to recover.
Here are some examples of recoverable damages in a birth injury case:
Economic Damages
- Medical and Life Care expenses (past and future)
- The cost of physical, occupational, or speech therapy (past and future)
- Parent's lost income due to tending to their child's needs (past and future)
- The cost to modify a home/vehicle and make it accessible
- The child's reduced ability to work and earn income in the future
- The cost of nursing and personal home care by trained professionals
Non-economic Damages
- Psychological and emotional trauma
- Physical pain and discomfort
- Loss of enjoyment of life
- Paralysis, scarring, and disfigurement
In addition to economic and non-economic damages, punitive damages may be awarded in cases where a doctor or other healthcare provider has committed grossly negligent or reckless acts. These damages are intended to punish the at-fault party for their egregious behavior and serve as a warning to discourage others from engaging in similarly negligent behavior.
Even though the immediate costs of dealing with a birth injury can be financially devastating, the long-term costs of caring for a child with facial nerve palsy can be even greater. The settlement amount you will receive will depend on several factors, including the severity of your child's injuries, how long the condition is expected to last, and the type of treatment your child needs.
For example, if your child requires only a few check-ups while their facial paralysis heals on its own, your medical bills are likely to be lower, and you can expect a lower settlement award. However, if their congenital facial paralysis is severe and your child is unable to use muscles on one side of their face for the rest of their life, this will be taken into consideration, and the settlement amount will typically be higher. An experienced birth injury attorney will work with you to figure out the extent of your child's condition and see what damages may arise from your case.
Calculating how much your birth injury claim might be worth will typically require us to draw on the experience and knowledge of our vast network of financial and qualified medical experts. If you have questions about compensation, reach out to one of our birth injury lawyers as soon as possible so we can inform you of your legal options and create an action plan moving forward.
The Importance of Working with a Facial Paralysis Birth Injury Lawyer
When your child suffers a birth injury, it can leave you feeling overwhelmed and confused. In navigating the complex legal system, working with a facial paralysis birth injury lawyer who specializes in birth injury cases is crucial to securing compensation for harm caused during childbirth.
A facial nerve palsy birth injury lawyer who understands the unique obstacles that come with these cases can provide valuable support and guidance and help you understand your legal rights.
If you have questions about your next steps, our facial paralysis birth injury lawyers are available to answer them. We'll keep you informed about any developments in your case and help you understand your options for securing the compensation you and your child need.
Contact Our Birth Injury Attorneys Today
Our team of trained and compassionate professionals at Miller Weisbrod Olesky understands that your child's health and happiness are your top priorities as a parent. That's why we are dedicated to fighting for families of children whose birth injury is caused by medical errors and have successfully represented clients in more than 20 states.
For the past 30 years, our nationally recognized birth injury legal team has secured multi-million-dollar results for families like yours to help victims of birth injuries access the care they need. We are passionate about fighting for the justice our clients deserve, and we'll be here for you every step of the way.
If you believe that your child's facial nerve palsy was caused by medical malpractice, reach out to us now to learn what we can do for you. Call us today toll-free at 888-987-0005 or fill out our online case evaluation form to schedule your free consultation.
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
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
- Products Liability
- Personal Injury
Associations & Memberships
- State Bar of Texas
- National Association Of Distinguished Counsel
- Million Dollar Advocates Forum
- Multi-Million Dollar Advocates Forum
- American Association for Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Pan-European Organization of Personal Injury Lawyers
- American Society of Law and Medicine
- Consumer Attorneys of California
- Arkansas Trial Lawyers Association
- Louisiana Trial Lawyers Association
- Dallas and American Bar Associations
- ABOTA (American Board of Trial Advocates)
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000 jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
David Olesky
David Olesky is Vice Chair of the Health Care Professional Liability practice. David is a trial lawyer focusing his practice on complex litigation matters that involve defending and protecting clients in all types of cases related to catastrophic injuries or death, but with a special focus on birth injury cases. David regularly advises his health care clients on the issues and challenges that they face on a daily basis. Clients repeatedly look to him for guidance to handle such high stakes cases and matters in Texas and jurisdictions outside of Texas.
David has earned the trust and reliance of clients he has worked with by consistently getting the results that matter most to them, whether that is a win at trial or a favorable outcome through alternative dispute resolution outside the courthouse. Through his representation, David demonstrates a true loyalty and hardworking commitment to the clients that he serves.
David believes the foundation of any client relationship is to act as a trusted advisor instead of simply as a litigator. Clients value his earnest representation of their business interests, accompanied by a devotion to understanding their businesses, prompt attention to their immediate needs and the challenges they face in their individual roles.
Education
- Southern Methodist University Dedman School of Law, J.D., 1992 - Dallas, Texas
- University of Texas, B.B.A, 1989 - Austin, Texas
Areas of Practice
Associations & Memberships
- American Bar Association
- Dallas Bar Association
- Dallas Bar Foundation Fellow
- Texas Bar Association
Alexandra V. Boone
Alexandra Boone is a partner in Miller Weisbrod. She concentrates her legal practice in the area of birth injury, medical malpractice and mass tort products liability. Alex currently works directly with firm partner Les Weisbrod in managing the birth injury docket and working with the firm’s highly qualified expert witnesses in the review of potential cases. Alex also litigates her own docket of medical negligence cases.
Over the course of her 17 years with the firm, Alex has focused on the administration and prosecution of mass tort litigation, originally focusing on occupational toxins, but more recently in the area of pharmaceuticals and medical devices. In the past, she has actively pursed cases involving hormone therapy, Vioxx, Fosamax, and Reglan. Alex was also instrumental in our firm successfully resolving thousands of cases transvaginal mesh, hip prosthetics, and the blood thinner Xarelto. She is actively prosecuting over 1,000 cases.
In addition to being a member of the Texas bar, she is also licensed in Oklahoma and is a member of the American Association of Justice, Texas Trial Lawyers Association, Oklahoma Association of Justice and the Dallas Trial Lawyers Association.
Education
- Baylor University - School of Law, 1996, J.D. - Waco, Texas
Areas of Practice
- Products Liability
- Mass Tort
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Oklahoma Association of Justice
- Dallas Trial Lawyers Association
Pro Bono Activities
- East Texas Legal Services/Nix Law Firm Pro Bono Project, 1996 - 1997
Robert Wolf
Robert E. Wolf was born in Dallas, Texas and graduated Magna Cum Laude as a proud horned frog from Texas Christian University in 1997, with Bachelor of Science degree in Political Science and was inducted into Phi Beta Kappa and Mortar Board. He obtained his law degree from Southern Methodist University in 2000 while serving as an Articles Editor for the International Law Review and winning awards at Mock Trial and Appellate competitions.
Robert has been named a Thomson Reuters | Texas Super Lawyers Rising Star (less than 2.5% of attorneys in Texas receive this distinction) in 2011, 2012, 2013, 2014, and 2015. Further, Robert was recognized as a National Trial Lawyers Top 40 Under 40 attorney for Texas in 2012 (no more than 40 attorneys in Texas are eligible for this award annually).
Robert brought his passion for and over 14 years of experience of representing seriously injured individuals and their families to Miller Weisbrod in January 2015, and has concentrated his legal practice in the area of medical malpractice, products liability, and pharmaceutical/mass tort litigation. He is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
In addition to many successful jury verdicts and settlements across Texas, Oklahoma, Iowa, Wisconsin, and Idaho, Robert’s role as an attorney representing victims and their families has led to numerous changes to key safety practices and policies and procedures at corporations and medical facilities.
Robert and his wife Suzy also get plenty of exercise trying to keep up with their precious and very active daughter.
Education
- Southern Methodist University - Dedman School of Law, J.D. - 2000 - Dallas, Texas
- Texas Christian University - B.S. Political Science - 1997 - Fort Worth, Texas
Areas of Practice
- Medical Malpractice
- Personal Injury
- Products Liability
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Carrie Vine
Carrie Lynn Vine has over 15 years of experience in medical malpractice litigation, with a particular focus in representing children and families who have suffered birth injuries as a result of the negligence of either doctors, nurses or hospitals.
She is a passionate advocate for her clients and has handled hundreds of birth injury and birth trauma cases throughout the United States. As part of Carrie’s national birth injury legal practice, she has handled cases in Texas, Arkansas, California, Nevada, Kentucky, Georgia, Illinois, Wisconsin, Ohio, Pennsylvania, North Carolina, South Carolina, Florida, and North Dakota. She is determined to seek justice and works to obtain fair compensation for the children and families she represents.
Carrie earned her law degree from Northern Illinois University where she tutored other law students. Prior to law school, she received her undergraduate degree from the University of Notre Dame in Biomedical and Biological Science, and earned both a Master’s Degree and a Ph.D. from The Pennsylvania State University in Anthropological Genetics. She then conducted post-doctoral research at the University of Michigan Medical School before deciding to attend law school. She applies an academic mindset and love of science and medicine to mastering the medical principles and literature relevant to the cases she pursues.
Carrie is an active member of the American Association of Justice as well as the Birth Trauma Litigation Group (BLTG).
Education
- Northern Illinois University:
Law School
- University of Notre Dame:
Biomedical Science
- Pennsylvania State University:
Anthropological Genetics
Areas of Practice
- Birth Injury/Birth Trauma
- Medical Malpractice
Associations & Memberships
- American Association of Justice:
Member
- Birth Trauma Litigation Group:
Member
Larry Lassiter
Lawrence R. Lassiter is an AV-rated attorney with more than twenty years of experience in appellate and trial advocacy. He has been consulted by attorneys across the country to conduct research, evaluate cases, prepare appellate and trial briefs, and formulate litigation strategy. He has prepared hundreds of appellate briefs in federal and state appellate courts, including the highest courts of Texas, West Virginia, Georgia, Oklahoma, Ohio, Nebraska and Tennessee, and he is member of the Bar of the United States Supreme Court. Larry has a national appellate and legal briefing practice. Larry has filed extensive briefs and/or argued before either state or federal courts in 30 out of 50 states in his career.
Larry assists the Birth Injury team in all aspects of legal briefing. Unlike many other birth injury firms across the United States, Miller Weisbrod has an attorney dedicated to handling legal briefing on behalf of our clients across the country. Larry has handled extensive briefing in birth injury and other medical malpractice cases in Texas, New Mexico, Arkansas, Oklahoma, Iowa, Ohio, Alabama, Georgia, New York, Utah, Arizona, Louisiana and West Virginia.
Since joining Miller Weisbrod in 2010, Larry has won a number of important victories vindicating the rights of our clients in both state and federal appellate courts, including Vitacost.com, Inc. v. McCants, 210 So.3d 761 (Fla. Ct. App. 2017); TTHR Ltd. Partnership v. Moreno, 401 S.W.3d 41 (Tex. 2013); In re E.B., 729 S.E.2d 271 (W. Va. 2012); Mid-Continent Cas. Co. v. Davis, 683 F.3d 651 (5th Cir. 2012); Rouhani v. Morgan, 2017 WL 3526719 (Tex. App. – Houston [1st Dist.] 2017, no pet.); Mid-Continent Cas. Co. v. Andregg Contracting, Inc., 391 S.W.3d 573 (Tex. App. – Dallas 2012).
He was as a judicial clerk for the Honorable Harlington Wood Jr., Circuit Judge, United States Court of Appeals for the Seventh Circuit. Larry was a University of Iowa Presidential Scholar and served as Editor in Chief of the Iowa Law Review.
Larry is an active member of the American Association for Justice. He is a member of AAJ’s Birth Injury Litigation Group and Medical Negligence Sections.
Education
- University of Iowa - Political Science & History - B.A. - Iowa City, Iowa
- University of Iowa - School of Law - J.D. - Iowa City, Iowa
Areas of Practice
- Appellate Advocacy
- Medical Malpractice
- Pharmaceuticals & Medical Devices
- Products Liability
- Personal Injury
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Laurie Pierce
Laurie draws upon extensive experience in state and federal courts with a focus on complex claims involving medical malpractice cases. After many years of defending health care providers and hospital systems in medical malpractice cases, Laurie joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
Laurie’s focus is to understand not only the facts and circumstances of the matter at hand, but to understand the specific needs and goals of the client and their unique business considerations. Her extensive background in commercial litigation provides a foundation that enhances her health care litigation practice. She works with clients that require more than a strong trial lawyer; they expect an attorney who understands the relationship between law and their specific business and who will work tirelessly to protect their rights, interests and bottom line.
Education
- Southern Methodist University:
Dedman School of Law - 1992
- Order of the Coif:
Journal of Air Law and Commerce, J.D. - 1992
- Miami University-Oxford, Ohio
B.S. Education - 1982
Areas of Practice
- Birth Injury/Birth Trauma
- Health Care Industry
- Health Care Litigation
- Litigation and Dispute Resolution
- Medical Malpractice
Associations & Memberships
- American Association for Justice
- American Bar Association
- Dallas Bar Association
- Dallas Bar Foundation Fellow
- Texas Bar Association
Distinctions
- Admitted to Pro Bono College of State Bar of Texas in 2019 for outstanding delivery of legal services to low-income Texans
Court Admissions
- United States Supreme Court
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Northern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
- University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
- University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- Texas Bar Association
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children. Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions. Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Education
- SMU Dedman School of Law - Dallas, Texas
- University of Texas at Arlington - Arlington, Texas
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
Matt Adair
Matt Adair is an attorney specializing in medical malpractice, products liability, and pharmaceutical litigation. He received his bachelor’s degree in Philosophy from the University of Notre Dame. During his time there, he studied abroad at the New College at Oxford University in Oxford, England.
Matt is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
Education
- University of Notre Dame - Philosophy, B.A. 2012 - Notre Dame, Indiana
- Baylor University - School of Law J.D. 2015 - Waco, Texas
Areas of Practice
- Medical Malpractice
- Products Liability
- Pharmaceutical Litigation
Associations & Memberships
- State Bar of Texas
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Garrett Stanford
Garrett Stanford was born in Dallas, Texas and graduated from Southern Methodist University in 2017 with a B.A. in Political Science. After graduation, he attended Baylor University School of Law. During his time at Baylor, he was a member of the Order of the Barristers and he won the Judge W.C. Davis Endowed Criminal Practice Professional Track Award. He obtained his law degree and license to practice law in 2020.
Garrett joined Miller Weisbrod in August 2021. His legal practice is concentrated in the area of birth injury and medical malpractice. Garret is actively involved in handling birth injury and medical malpractice cases in Texas, Ohio, Utah, Arkansas and Oklahoma.
Education
- Southern Methodist University - Political Science, B.S. - Dallas, Texas
- University of Baylor - School of Law, J.D. - Waco, Texas
Areas of Practice
- Medical Malpractice
- Birth Injury/Birth Trauma
Associations & Memberships
- State Bar of Texas
Meet our Legal Nursing Team
Linda Chalk
As a registered nurse, Linda practiced ICU nursing for 44 years while caring for a wide range of patient conditions. She has worked closely with founding partner Les Weisbrod for over 30 years, investigating and pursuing birth injury cases.
Along with DJ Weisbrod, Linda heads up the firm’s birth injury intake, screening, and medical literature research team. She personally screens all potential cases to ensure that medical issues have been addressed before we file lawsuits on behalf of birth-injured children and their families.
DJ Weisbrod
Before joining Miller Weisbrod, DJ practiced as a surgical nurse in various hospital and operative settings. She has been with the firm over 30 years.
DJ directs Miller Weisbrod’s birth injury intake and medical screening team. She has also served as firm founder Les Weisbrod’s trial nurse for all cases involving medical negligence and birth injury.
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
- University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
- University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Areas of Practice
- Birth Injury/Birth Trauma
- Medical Malpractice
Associations & Memberships
- Texas Bar Association
- American Association of Justice
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children.
Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Kelly Kunkel
Kelly Kunkel was born and raised in Dallas, Texas. She has 15 years’ experience in hospital based High Risk Obstetrics and Labor and Delivery bedside nursing care. Kelly graduated with an Associate’s Degree in Nursing from El Centro College in December of 1990 and received her Bachelor’s Degree in Nursing from West Texas A&M University in 2008; graduating with honors.
In addition, Kelly has over 25 years’ experience in medical malpractice case management and litigation and has worked with David Olesky for over 22 years. After many years of assisting in defending healthcare providers and hospital systems in medical malpractice cases involving complex litigation matters related to birth injury, catastrophic injury and death, Kelly has proudly joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.