Meningitis During Pregnancy
Meningitis is an infection of the thin membranous outer covering of the brain and spinal cord. According to the National Meningitis Association, there are approximately 1,000 cases of meningitis annually, 80% of which affect infants. While meningitis affects people in all age groups, babies with less developed immune systems are particularly susceptible to developing this condition.
Although meningitis can be challenging to detect, it is the responsibility of doctors and other healthcare providers to exercise reasonable care in diagnosing and aggressively treating this condition to prevent serious injury or wrongful death. Without proper treatment, meningitis can cause an infant to suffer from long-term consequences like permanent brain damage, seizures, or even death.
Additionally, meningitis can be deadly for pregnant women if not detected and immediately treated. If you or your unborn baby was the victim of a birth injury that led to neonatal meningitis, an experienced birth injury attorney can serve as your legal advocate and protect your right to compensation. At Miller Weisbrod Olesky, our medical malpractice lawyers are prepared to take action against negligent healthcare providers and seek the justice our clients deserve.
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 Neonatal Meningitis?
Meningitis is caused by an infection that causes inflammation in the tissue membranes surrounding the brain and spinal cord (meninges). The primary function of these membranes is to keep fluid and moisture in and keep harmful bacteria and viruses out. When these membranes become infected with foreign bacteria or viruses, it can cause swelling around the brain and spinal cord, which can result in pressure on fragile organs or restrict blood flow.
Various bacteria, including listeria, group B streptococcus, and gram-negative E. coli, can cause these infections and are often passed on through the birth canal during pregnancy. Approximately 30% of pregnant women carry Group B strep bacteria that could lead to meningitis.
Another type of meningitis that can be serious when left untreated is viral meningitis, which is often caused by measles, mumps, enterovirus, or herpes virus. In the neonatal period, however, bacteria is the most common cause of meningitis.
The age of the infant is one of the most prominent risk factors for this condition. For example, meningitis tends to be more serious in infants under three months of age because their immune systems are still immature. During labor and birth, a baby can be infected with bacteria that causes meningitis, and in many of these cases, a medical professional's mistake is to blame. When left untreated, it may cause infants to lose their hearing and suffer brain damage, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), spinal cord injuries, experience seizures, and diminished mental capacity.
Medical professionals must provide optimal prenatal care to ensure a healthy delivery, especially during the third trimester. If a doctor fails to recognize and treat the infection promptly, an infected newborn will often require treatment in a neonatal intensive care unit (NICU). Resulting birth injuries from undiagnosed or untreated meningitis can affect a child's quality of life and place a substantial financial burden on the child's family. If your child suffered a brain injury or other complications from a meningitis infection caused by a preventable medical error, you may be entitled to financial compensation.
Causes of Neonatal Meningitis
Meningitis is a severe threat to a newborn's health that is most likely to occur during the neonatal period. Group B streptococci (GBS) and Escherichia coli (E. coli) are the most common causes of neonatal meningitis. In the United States, neonatal bacterial meningitis caused by GBS accounts for 50% of all cases. Neonatal meningitis caused by E. coli accounts for approximately 20% of cases.
A high number of meningitis cases are attributed to GBS because about 1 in 4 pregnant women carry GBS in their rectum or vagina. Due to the prevalence of cases involving meningitis caused by GBS, all pregnant women should be tested for Group B strep in the third trimester. A medical professional should administer antibiotics during labor to minimize the risk of transmission to the fetus if the tests come back positive.
Failing to diagnose or treat Group B strep or an E coli infection may result in a preventable birth injury. 7 out of 10 children with bacterial meningitis who receive a timely diagnosis and prompt treatment will often make a full recovery. In about 2 out of 11 cases, however, children affected by bacterial meningitis will suffer long-term complications.
Symptoms of Meningitis in Infants
In infants, symptoms of meningitis are often subtle and may not appear until several days after a baby has a cold or diarrhea. Signs of meningitis in other cases, however, may pop up suddenly and progress rapidly. If you suspect your child has meningitis, you should talk to a doctor who can immediately take measures to detect meningitis because this is a medical emergency.
Common Symptoms of Meningitis in Newborns
- Relatively high or low temperature (hypothermia)
- Bulge in the fontanelle (soft spot on top of the baby's head)
- Extreme tiredness
- Bradycardia (low heart rate)
- Sleep Apnea
- Dislike of being touched or picked up
- Having problems with feeding
- High-pitched or inconsolable crying
- Irritability
- Hypotension (low blood pressure)
- Respiratory Distress Syndrome
- Seizures or convulsions
- Hypotonia (low muscle tone)
- Sensitivity to bright lights
- Nausea and vomiting
- Stiffness or pain in the neck
- Rashes or blotchy skin
- Headaches
- Jaundice (yellow skin and eyes)
Most Common Signs of Meningitis in Pregnant Women
- Lack of appetite
- Neck stiffness
- Rashes
- Drowsiness or fatigue
- Light sensitivity
- Flu-like symptoms such as chills or coughing
- Difficulty concentrating
The most common age for meningitis in children is 2 months to 2 years old. The first sign of meningitis in children in this age group is a high fever or seizures. Children 2 to 5 years of age may complain about a backache, stiffness in their neck, or a headache.
Meningitis may be difficult to ascertain in infants because symptoms of this condition can also be signs of other more common conditions. Additionally, given that newborns are unable to communicate, doctors, nurses, and other healthcare professionals often delay in diagnosing it, resulting in potential health risks for the newborn.
Most physicians will assess an infant's head movement or neck flexibility to diagnose meningitis. Whenever a child exhibit any of these symptoms, doctors should consider potential risk factors for meningitis and run tests for meningitis to make a proper diagnosis.
Neonatal Meningitis Risk Factors
Newborns and infants are more likely to get meningitis caused by bacterial or viral infection. They are particularly vulnerable to this condition because their immune system is not yet fully developed, and they cannot easily fight the infection.
Risk factors associated with meningitis infections in infants and children include:
- Being extremely young
- Having a weakened immune system
- Lack of immunization
- Pre-existing medical conditions
- Exposure to certain infections
When a baby displays enough symptoms to raise a concern or is at risk for meningitis, a medical provider can play a crucial role in accurately diagnosing the condition and providing the best treatment. Meningitis can be extremely dangerous if left untreated and can sometimes have fatal consequences. It is vital to seek prompt medical attention if you suspect your child is suffering from this debilitating disease.
Neonatal Meningitis Diagnosis
An accurate diagnosis of meningitis involves lab tests conducted in the family doctor's office or emergency room. If a doctor suspects that a child has meningitis, they will likely take the following steps to verify a diagnosis of the infection.
- Spinal tap or Lumbar Puncture
- Blood Test
- CT Scan and MRI
- Neurological examination
- Physical exam
The Gold Standard to diagnose meningitis is the spinal tap via lumbar puncture. This procedure involved inserting a hollow needle into the lower back to remove a sample of spinal fluid, the doctor can test the fluid for infection to determine whether a virus or bacteria is present. With a spinal tap, any indication of inflammation will also be apparent. While this procedure may seem scary, it is often the most important step in correctly diagnosing meningitis.
Additionally, blood work such as a Complete Blood Count (CBC), Polymerase Chain Reaction (PCR), and blood cultures may be used to detect meningitis.
Many bacterial and viral infections can be transmitted from the mother to the infant during delivery. Because meningitis can be especially harmful to a pregnant woman and her baby, it is essential for doctors to accurately diagnose a maternal infection and provide proper treatment to protect the baby.
Neonatal Meningitis Treatment
A physician should immediately provide proper treatment when an infant is diagnosed with meningitis. Depending on several factors, a doctor may recommend the following treatment options for neonatal meningitis.
- Intravenous (IV) Antibiotics
- IV Fluid Therapy
- Steroids - Corticosteroids to decrease swelling around the brain
- Oxygen through a face mask to help with breathing
A doctor will typically recommend that children with bacterial meningitis spend a few days in the hospital to receive IV antibiotics and fluids to counter the loss of fluids from the child's sweating, vomiting, and poor eating. Children with viral meningitis caused by the herpes simplex virus may also require hospitalization.
While viral meningitis is not as serious as bacterial meningitis, it can be more serious when a child is under three months old. The treatment length and specific antibiotics used to treat newborn meningitis depends on the child's age and the type of bacteria present. When bacterial meningitis goes untreated, it can attack nerve and brain function and causes irreparable damage.
Long-term health issues or fatal complications untreated infant meningitis can cause:
- Brain damage, including cerebral palsy
- Vision or hearing loss
- Kidney problems
- Seizures
- Memory problems
- Learning or behavioral difficulties
- Amputation to stop the spread of infection
- Sepsis
- Damage to the child's heart and adrenal glands
- Gait problems
- Wrongful Death
A meningitis misdiagnosis or failure to promptly diagnose the condition in an infant could mean the difference between a full recovery and long-term damage. If negligence in diagnosing or treating meningitis led to long-term medical problems for your child, a skilled birth injury lawyer can help hold your doctor accountable.
Over a lifetime, medical care for complications associated with untreated meningitis can cost hundreds of thousands of dollars. You shouldn't have to bear the burden of covering the cost of care for conditions resulting from a healthcare provider's inability to perform their duties correctly. Let us help you pursue the compensation you're entitled to, not only for the cost of treatment but also for the pain and suffering endured by your child and family.
Holding Healthcare Providers Accountable
In the neonatal period, there are many possible causes of meningitis. A lack of appropriate sanitation and hygiene in the hospital is one such cause of meningitis in newborns. Some examples include unnecessary blood draws or inadequate sanitation of equipment used for procedures. Improper management of a bacterial infection, once it has been identified, is another cause of neonatal meningitis.
When a newborn is delivered through an infected maternal genital tract, it increases the chances of the infection spreading to the newborn. Prior to delivery, a mother with Group B Strep must receive Prophylactic Treatment. Failure to provide a pregnant mother with the proper treatment in these cases could cause the bacterial infection to be transmitted to the infant. Should an infection develop, a doctor must monitor the newborn for signs of meningitis and deliver prompt treatment to avoid devastating complications.
Additional examples of medical negligence that can result in childhood meningitis:
- Misdiagnosing or failure to diagnose your child's condition
- Failing to test for bacterial meningitis
- Failing to perform a timely spinal tap or lumbar puncture
- Failing to prescribe antibiotics or selecting the wrong antibiotic
- Failing to adequately monitor a mother's or newborn's health throughout the pregnancy
- Failing to pay close attention to symptoms of meningitis after delivery
- Inadequate communication between medical professionals involved in the care of a pregnant mother and her newborn
It is your doctor's responsibility to recognize symptoms and other indications of bacterial meningitis, perform tests in a timely manner and to ensure you and your child are provided with the timely treatment you require. If your baby contracted meningitis due to a medical professional's failure to timely diagnose and/or properly treat it, our medical malpractice attorneys are dedicated to helping you hold your physician and/or other healthcare professionals surrounding your pregnancy liable for medical negligence.
Medical providers and/or facilities that may be held liable for medical negligence:
- Obstetricians (OB-GYN)
- Maternal-fetal medicine physicians/specialists (MFM)
- Other obstetric professionals
- Pediatricians (including pediatric neurologists)
- Anesthesiologists
- Labor and delivery nurses
- Midwives
- Nurses
- Physician assistants
- Hospitals and healthcare facilities (including birth centers)
- Hospital administrators
- Other hospital staff
- Neonatal nurses and aids
- Neonatologists or pediatricians providing neonatal care
- Respiratory therapists
- Laboratory staff
Many people are unaware that hospitals can also be held liable for medical negligence. A hospital may be held vicariously liable for injuries or death that occur due to an employee's failure to properly treat a patient. Healthcare facilities can either be held vicariously or directly liable for the negligent actions of their employees or for medical negligence caused by their own actions or policies that contributed to patient harm.
For example, hospitals can be held vicariously liable for the negligent actions of an employee committed during work hours or a task the employee was hired to perform. A hospital can be held directly liable for failing to properly maintain or replace medical equipment. Proving that you or your child were injured is not sufficient to hold negligent healthcare professionals accountable for their actions. Filing a successful birth injury lawsuit requires your lawyer to gather evidence to demonstrate the following four elements of medical malpractice.
- A doctor-patient relationship existed at the time you or your child suffered from the injury. Upon establishing this relationship, the doctor has an obligation to ensure you and your child receive safe and effective care.
- The doctor failed to uphold the medical standard of care that another reasonably careful provider with similar training would have offered under the same or similar circumstances.
- As a result of the doctor's failure to uphold the standard of care, you or your child suffered harm.
- The harm you or your child suffered led to specific financial losses and other expenses.
To establish the above, your birth injury lawyer will connect ample evidence such as medical reports, testimony from experts who work in the same profession, test results, and lab work. If it can be proven that your child received substandard medical care and suffered complications due to the development of meningitis, you may be able to recover compensation for your child's injuries and other losses. Our birth injury malpractice attorneys are prepared to thoroughly review the facts of your case and discuss how we can help you recover compensation to cover the cost of medical bills and other injury-related expenses.
Evidence Used to Prove Liability in Birth Injury Cases
To prove a birth injury lawsuit, your lawyer must gather multiple types of supporting evidence, witness statements, and expert testimony. It is important to keep in mind that the evidence your attorney will collect to prove a doctor, hospital, or another party committed medical negligence will depend on the specific facts of your case. A medical malpractice attorney can collect the following types of evidence on your behalf.
- The mother's and newborn's medical records
- Records of the infant's birth injury and any follow-up care
- Medical bills
- Physician, nursing, and operative notes
- Imaging tests, including X-rays and MRIs
- Testimony from various medical experts (physicians, nurses, financial experts)
- A copy of the hospital's orders, policies, and records
- The employment and disciplinary records of anyone involved in caring for the mother and her newborn
- Statements from anyone involved in the labor and delivery process
- Any documentation that describes complications and co-existing conditions
- Any past complaints filed against the negligent healthcare provider
Testimony from experts is essential to establishing that the healthcare provider's actions or inactions directly caused your child’s birth injury and damages in question. For example, a medical expert might explain that an infant suffered brain damage from bacterial meningitis by pointing out that the medical professional's failure to test a pregnant mother for Group B strep at the appropriate stage caused her to transmit the infection to her newborn.
An attorney will also likely obtain testimony from financial experts who can estimate what the total costs of damages attached to your child's meningitis will likely be throughout their lifetime. By contacting our compassionate medical malpractice lawyers as soon as possible, parents of a child affected by a preventable birth injury can make sure their chances of recovering sufficient financial compensation are fully protected.
Available Compensation in Birth Injury Cases
Securing monetary compensation from a birth injury settlement can assist families of children affected by meningitis-related complications in providing the resources their child needs to reach their full potential. A medical malpractice attorney can help you receive the compensation you deserve for the following damages.
Economic Damages Include
- Medical expenses (including the cost of future care)
- Costs for counseling
- The cost of rehabilitation and therapy (physical, speech, occupational)
- Lost income of parents who must take time off work to care for their child (including future loss of income)
- Lost future earning capacity if the child's injury prevents them from being able to work in the future
- Costs associated with modifying your home or vehicle (motorized wheelchair lifts, bathtub handholds, "alert" devices)
- The cost of mobility assistive devices (walkers, gait trainers, canes, and crutches)
- The cost of adaptive technology (digital communication boards, speech-generating devices, and hearing aids)
- The cost of other specialized equipment
- Special education and behavioral therapy costs
Non-Economic Damages Include
- Pain and suffering
- Physical disfigurement and permanent scarring
- Reduced quality of life
- Post-traumatic stress disorder (PTSD)
- Emotional anguish and distress
- Paralysis
- Loss of companionship, care, or support
Punitive damages, often called exemplary damages, are awarded in birth injury cases where healthcare provider actions were intentional or especially reckless. These damages are designed to punish the negligent party for their grossly negligent behavior and deter others from acting the same way in the future.
To secure punitive damages, your birth injury lawyer must provide clear and convincing evidence that the healthcare provider's conduct was intentionally harmful or extremely reckless. It is essential to keep in mind that each birth injury case is unique, and the value of your potential settlement award will depend on the specifics of your child's injury and other factors, such as the extent of medical expenses you've incurred due to the injury and the effects on the child's quality of life. Our attorneys can help you calculate and determine the amount of your potential payout.
Birth Injury Statute of Limitations
The statute of limitations (SOL) sets a time limit for when a birth injury victim must file a lawsuit against a negligent hospital or healthcare provider. Statutes of limitations vary based on the state where you're filing your case and the type of case you're filing. Generally, the clock starts ticking on the date of harm. However, the discovery rule provides an exception to the statute of limitations by allowing birth injury victims to file a claim from the date the injury was discovered or reasonably should have been discovered.
SOLs can become even more complicated when dealing with government agencies. For example, if the party that injured you was:
- A Federal Employee
- Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity
You may be required to file a birth injury claim under the Federal Tort Claims Act (FTCA). Before filing a lawsuit in FTCA cases, claimants must go through certain administrative procedures. It may be necessary to give notice sooner in certain states if the negligent party is a hospital operated by a local or state government or if the doctors or medical providers are employees of a governmental entity.
Cases filed outside the statute of limitations are typically dismissed, and you will be unable to recover compensation if you miss your deadline. Identifying when your case's statute of limitations begins can be tricky. A birth injury attorney is your best resource if you're considering pursuing compensation for your child's birth injury.
Our Experienced Birth Injury Lawyers Can Help
After getting your child the care and treatment, they need, you should call the medical malpractice lawyers at Miller Weisbrod Olesky who can review your case and help you hold healthcare providers and facilities accountable for their negligent actions. Our nationally-recognized birth injury law firm is led by firm founder Les Weisbrod, who has achieved a clear track record of success representing the families of children with birth injuries in his 40 years of law practice.
Once you hire our law firm, our team of medical malpractice lawyers, registered nurses, and nurse attorneys will begin investigating the facts of your case to determine how and why your child suffered a birth injury from meningitis-related complications. We offer free consultations and handle cases on a contingency fee, meaning you pay no money unless we successfully recover compensation for you and your child. Let us help you ease the stress of providing for your child's care and securing a better future for your family begin by pursuing the compensation you need and deserve. Contact us by calling our toll-free line at 888-987-0005 or filling out our online form.
Free Birth Injury Lawsuit Consultation
Our Birth Injury Attorneys
Les Weisbrod
Les Weisbrod has been on the cutting edge of the national birth injury litigation scene for almost 40 years.
As a national birth injury attorney, Les has settled over 204 medical negligence cases for more than $1,000,000. He also obtained settlements in 75 birth injury cases for over $1,000,000 each.
His $31 million verdict against Baylor University Medical Center in Dallas was one of the top 100 verdicts in the United States that given year.
Les is recognized nationally and internationally as one of the top plaintiff’s medical malpractice trial lawyers in the United States. But the recoveries for the clients and the differences made in the lives of the children and families Les has represented tell only part of the story.
Les has worked with his law partner Clay Miller for years to build a one-of-a-kind law firm.
Miller Weisbrod provides unique and unparalleled services to families of birth-injured and brain-injured children from the moment the firm decides to take the case.
The registered nurses and registered nurse-attorneys on staff are valuable team members who assist Miller Weisbrod birth-injury clients. Les has designed a system where each birth injured child is assigned a nurse-attorney liaison to guide them through the process of medical treatment/evaluation, therapies, home assistance, and quality of life improvement.
Miller Weisbrod’s unmatched service allows families to better cope with the immediate challenges facing our young clients.
Birth-injured children and their families are Les and Miller Weisbrod’s priority.
Les and the attorneys at Miller Weisbrod fight for the justice their clients are entitled to under our nation’s system of justice.
This fighting spirit has taken Les across the United States to represent clients in birth injury and medical negligence cases. In fact, he has personally handled cases not only in Texas but also in Arkansas, Arizona, Colorado, Oklahoma, Louisiana, Utah, Iowa, Ohio, Oregon, Montana, Alabama, Georgia, Florida, and New York.
Les and Miller Weisbrod continue to expand their reach of helping brain-injured children to new states each year as we strive to bring a sense of justice to each affected family. And Les is not the only one who notices he fights for his clients.
Michael Rustad, a Professor of Law at Suffolk University Law School in Boston who has done extensive research on punitive damage awards, says,
“Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.”
Also, a well-known defense medical malpractice attorney dubbed Les Weisbrod the “pitbull” of the Texas medical malpractice bar in a media profile of Les published by a major newspaper.
Les shares his experience and knowledge to improve the representation of all birth-injured children and their families.
In the early 1990s, Les recognized that a more focused effort needed to be made to educate attorneys who handle birth injury cases. As a result, Les was the founding Co-Chair of the American Association for Justice (AAJ) Birth Trauma Litigation Group in 1991. He also was a founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999 and served as Chair of AAJ’s Professional Negligence Section in 1996.
Combined, these groups have put on more than a hundred continuing education seminars across the United States. helping to educate other attorneys by bringing in world-renowned experts in the fields of:
- labor and delivery
- neonatal care
- the care and treatment of birth-injured children, including those suffering from cerebral palsy and hypoxic-ischemic encephalopathy (HIE)
Education and professional experiences back up his dedication to helping children and families harmed by medical malpractice.
Les received his B.A. magna cum laude in 1975 from Claremont Men’s College and his J.D. in 1978 from Southern Methodist University Law School.
He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.
Les was a past president of the Dallas Trial Lawyers Association in 1993. He has been a member of the Texas Trial Lawyers Association Board of Directors since 1990.
His work with the American Association for Justice (AAJ) (formerly ATLA) includes serving as President, President-Elect, Vice President, Secretary, Treasurer, and Parliamentarian. Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and the 17-member Executive Committee of AAJ since 2001. In 1990, he was chosen as a Rising Star of the ATLA and presented a paper entitled “Dirt and Greed: A New Look at Medical Malpractice Cases.”
Les has written and lectured extensively on birth injury litigation, medical malpractice, and medical product topics.
Les is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins. He also co-authored the “Drugs & Medical Devices” chapter in AAJ’s Litigating Tort Cases.
He also has lectured to lawyer groups across the U.S., Canada, England, and Australia.
Education
- Southern Methodist University - School of Law, J.D. - Dallas, Texas, 1978
- Claremont Men's College - B.A. - Claremont, California, 1975
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.