No parent ever anticipates that shortly before or after their child is born, they will sustain a severe birth injury. Sadly, this is a life-changing reality that children and families face daily. Cerebral Palsy is a condition caused by abnormal brain development or damage to the developing muscles that disrupts a person's ability to control their movements. Among all types of Cerebral Palsy, spastic cerebral palsy is the most common form. According to the Centers for Disease Control and Prevention (CDC), spastic cp affects 80% of all those who are diagnosed with the condition.
Spastic Cerebral Palsy is an irreversible injury involving damage to the motor cortex before or during the delivery of a baby. While there are some instances where a birth injury cannot be prevented, most of the time spastic cerebral palsy is entirely preventable. Learning that your child has been diagnosed with spastic cerebral palsy can be a painful and emotionally devastating experience. If your baby was born Spastic CP and you believe it was the result of a medical professional's negligence, you should talk to an experienced medical malpractice attorney.
At Miller Weisbrod Olesky, we have successfully represented medical malpractice clients in more than 20 states and remain committed to improving the lives of children with birth injuries across the national. Our team of nationally recognized birth injury lawyers, nurses, and nurse attorneys are prepared to answer any of your questions and help you determine if you may be eligible to pursue a medical malpractice claim.
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 Spastic Cerebral Palsy (CP)?
Our brain's motor cortex is the region of the cerebral cortex that’s involved in the planning, controlling, and execution of our voluntary movements. Spastic cerebral palsy is a developmental disorder caused by damage to the motor cortex and the pyramidal tracts of the brain before birth, during delivery, or within the child's first few years of life. This type of CP prevents the normal development of a child's motor functions and often makes simple tasks like handling objects or walking more challenging.
Children who have Spastic CP often experience spasticity symptoms such as muscle tightness, joint stiffness, and move with exaggerated motion. In some cases, children with Spastic Cerebral Palsy also develop co-occurring conditions like attention deficit hyperactivity disorder (ADHD) and epilepsy. Although the damage to the brain involved is not progressive, symptoms generally worsen over time and can further hinder a child's mobility.
What is Spasticity in CP?
Spasticity is a symptom associated with damage to the brain, motor nerves, and spinal cord. This condition is characterized by an abnormal increase in muscle tone or tightness due to the patient often experiencing periods of prolonged muscle contractions.
Spasticity is seen in individuals with conditions such as:
Muscles in any part of the body can be affected by spasticity; however, the arms and legs are the areas that most frequently suffer from spasticity. When a child is initially diagnosed with spastic cerebral palsy, symptoms may not be apparent right away, however, they may develop over time.
Types of Spastic Cerebral Palsy
Spastic CP is unique in that it typically affects only specific areas or parts of the body. The following are the three different sub-classifications of spastic cerebral palsy.
Spastic Diplegia: Occurs most commonly in the legs. Still, in some cases, it may cause mild stiffness or spasticity in the arms. Approximately 35% of children with cerebral palsy have spastic diplegia. Diplegia is common in children born prematurely with cerebral palsy.
Spastic Hemiplegia: Typically affects muscles on one side of the body. In most cases, the arm is more affected than the leg and is distinguished by a wrist or elbow that is rigidly flexed. Spastic hemiplegic cerebral palsy can be caused by prenatal bleeding.
Spastic Quadriplegia: This is the most severe form of CP that affects both the arms and legs. It may also impact the muscles in the torso and face. According to a study published by Translational Pediatrics, 20% of infants with CP have spastic quadriplegia. Children with spastic quadriplegic cerebral palsy often have trouble walking, encounter speech difficulties, or have seizures. A child born with this condition usually requires lifetime treatment and support.
What Causes Spastic Cerebral Palsy?
The motor cortex is located in the cerebral cortex and comprises several parts of the brain’s frontal lobe. This area of the brain is responsible for relaying signals to other parts of the brain and coordinating movement in the body. The pyramidal tracts in the brain link the motor cortex to the spine and transmit signals between the motor cortex and the cerebral cortex nerves in the spinal cord.
Cerebral palsy is caused by a brain injury or other problem during birth. In spastic cerebral palsy, the injury or problem affects the motor cortex. Irregular brain development or damage to a developing brain usually happens before birth, during birth, or early infancy.
Some examples of factors that can lead to irregular brain development include:
Many potential underlying causes and risk factors are associated with cerebral palsy; however, in many cases, the neurological causes are never determined. While mothers cannot control or avoid all of these risk factors, they can reduce the risk of their child developing spastic cerebral palsy by maintaining doctor's appointments and prioritizing their health during pregnancy.
What are Spastic CP Signs and Symptoms?
From one child to another, spastic cerebral palsy symptoms often vary considerably. The differences in the type and severity of symptoms will depend upon the areas of the brain that were injured, the extent of damage, and the presence of any co-occurring disorders.
For example, a child with mild spastic cerebral palsy might display nothing more than slight awkwardness with movement. At the opposite end of the spectrum, children with severe spastic cerebral palsy might not be able to move some muscles at all and require special medical or therapeutic care for their entire lives.
In the first years of a child's life, recognizing the signs of cerebral palsy may be difficult. However, there are some signs you can be on the lookout for in early childhood. These include:
A child not being able to raise their head by two months.
A child suffering from stiff or weak muscles.
A child failing to roll over, sit, or crawl on time.
Breathing difficulty right after delivery.
Some additional signs and symptoms of spastic cerebral palsy are:
Stiffness in muscles
Limited mobility
Exaggerated or involuntary movements
Gait abnormalities (walking problems)
Joints that don't fully extend
Muscle contractions
Hyperreflexia (excessive reflex responses)
A child with spastic CP may also develop some nervous-related symptoms, such as:
Speech problems
Issues with hearing
Vision problems
Cognitive, behavioral, and learning disabilities
Seizures
Symptoms of spastic cerebral palsy can make it difficult for a person with this condition to get dressed, eat, drink, brush their teeth, or manipulate objects without assistance. Raising a child with spastic cerebral palsy can be a challenging journey, and the lifelong cost of treatment can be staggering.
The CDC reports that the cost of caring for a child can be 10-26 times higher than for children without cerebral palsy. Filing a lawsuit against a negligent physician or other medical professional can help you cover costs for medical expenses, lost earnings, and recover compensation for emotional pain and suffering. Our compassionate team at Miller Weisbrod Olesky understands the immense emotional and financial impact birth injuries have on families. We can help you navigate the legal process, initiate legal action against those responsible, and provide emotional support along the way.
How is Spastic Cerebral Palsy Treated?
Although there is no cure for spastic cerebral palsy, there are several treatment options that can help manage symptoms and improve a person’s functional abilities. Management and treatment needs often vary widely in each case and depend upon the nature and extent of brain damage.
In general, there are five main routes of treatment for CP. These include:
This is the first type of treatment that is often prescribed to children with spastic cerebral palsy. Physical therapy typically includes flexibility, stretching, and range-of-motion (ROM) exercises to improve the mobility of joints and soft tissues. Therapy of this kind can improve a child's overall motor function and help prevent any future complications.
In occupational therapy, the goal is to enhance a child's ability to function independently at home, school, work, and in public environments. Occupational therapists perform exercises to target certain muscles in the wrist, forearm, thumb, and upper body. For children with spastic CP, this treatment can improve their motor control, bilateral coordination, and upper body strength. During this treatment, occupational therapists can also assess whether the child needs adaptive scissors or special writing tools.
The objective of speech therapy is to improve oral movements in children with spastic CP by strengthening the muscles used for speech. Children with this type of CP may drool and have difficulty swallowing or speaking. Speech therapists have the child perform exercises incorporating assistive communication devices to help improve their motor and cognitive abilities. This form of therapy provides children with the tools to communicate their thoughts, socialize with others, and make chewing, breathing, and swallowing less difficult.
MEDICATION
For a child with spastic cerebral palsy, medications such as Benzodiazepines can help relieve muscle stiffness and improve movement throughout the body. Medications such as Diazepam can also be used to relax muscles and treat spasticity in the lower legs. In treating spastic cerebral palsy, doctors should look for and prescribe medications that achieve the most effective results while having the fewest side effects.
SURGERY
A large part of treatment for children with Spastic Cerebral Palsy may be surgery. Selective Dorsal Rhizotomy (SDR) is a minimally invasive procedure that can help a child living with spastic CP relieve muscle tightness and move more easily. Several other types of surgeries are available to those with spastic cp that can correct joint dislocation, relax muscles, and improve mobility in various areas.
The severity of spastic cerebral palsy symptoms causes many parents to seek medical attention during early infancy. A doctor may diagnose the condition through the detection of significant developmental delays. The treatment options that your doctor may choose to include in your child's spastic cerebral palsy treatment plan will depend on the severity of your child's symptoms and the extent of damage to the brain.
What is the Life Expectancy of a Child with Spastic Cerebral Palsy?
While there is no set time frame for the life expectancy of those living with cerebral palsy, those with the longest life expectancies usually have more mobility, greater autonomy, and better medical care. Generally, the life expectancy of children born with cerebral palsy is the same as that of someone without the condition. According to a study on individuals with Cerebral Palsy by BMC Neurology, over 80% have a life expectancy of 58 years or more.
What is Spastic Cerebral Palsy (CP) Medical Malpractice?
Spastic cerebral palsy is often caused by negligent care, or a medical mistake made during childbirth. However, spastic cerebral palsy is a complex condition, and many families may be left unsure about what caused their child's cerebral palsy.
When you hire an experienced medical malpractice attorney, they can help you determine what caused your child's condition. If you have a child with cerebral palsy and suspect that their condition was the result of medical negligence, pursuing a birth injury lawsuit can help you recover the compensation you need to afford the quality of care your child deserves.
What Birthing Mistakes Can Cause Spastic CP?
Spastic CP often results from the negligent mistakes or medical errors a doctor makes before, during, or after childbirth. Medical professionals are expected to adhere to the accepted standard of care. When they fail to meet that standard of care, and it results in an injury such as spastic cerebral palsy, they may be held responsible. In some cases, birth injury lawsuits may be filed against multiple defendants. For instance, hospitals can be held liable for spastic cerebral palsy that resulted from medical malpractice.
Hospitals are required to have practices and policies in place to prevent patient harm whenever possible. They are also responsible for providing patients with a safe, sterile environment and hiring staff with appropriate medical training and licensing. If a staff member does not meet the requirements to practice, the hospital can be held legally accountable.
Some examples of medical errors that may cause spastic CP include:
Failing to deliver a baby in a reasonable period of time
Both active mistakes and mistakes of inaction during delivery that result in brain damage can potentially justify a medical malpractice claim. The only common exception where parents may find it difficult to hold a doctor or hospital liable for resulting injuries is if the mother knowingly makes a decision that leads to these injuries.
For example, if a mother has been informed of the risks of giving a vaginal birth instead of birth by a cesarean section (C-section) but adamantly decided to deliver vaginally, she may not be able to pursue a medical malpractice claim if the baby suffers a birth injury as a result.
The consequences of abnormal brain development can be permanently debilitating and cause life-long pain and suffering. If you believe the medical professionals who delivered your child were careless and caused your child's birth injury, working with a Birth Injury Malpractice Lawyer who can help you pursue financial compensation can be tremendously beneficial for your child and your family.
Steps to Filing a Cerebral Palsy Lawsuit
While each Spastic Cerebral Palsy Lawsuit is unique, the steps for filing a lawsuit will generally be similar. Here’s what to expect should you decide to file a birth injury or medical malpractice lawsuit:
Initial Case Evaluation
The spastic CP lawsuit process often begins with an initial case evaluation. At Miller Weisbrod Olesky, we offer free, no-obligation case reviews where we will gather information regarding your child's injury and start handling your case immediately if you qualify. During your free case review, our in-house team of nurses and nurse attorneys will ask you about your pregnancy, the childbirth process, and your child's condition.
Gather Supporting Evidence
Our dedicated cerebral palsy attorneys will help you collect evidence to back your claim and prove your child's condition was caused by the negligent actions of a doctor or other medical professional.
Some examples of evidence we gather to build a strong case of cerebral palsy malpractice include:
Imaging tests (X-rays and MRIs)
Medical records
Medical bills
Photographs
Prenatal and birth records
Maternal health records
Documentation that outlines complications and co-existing conditions
A documented account of the events before, during, or immediately following birth
Your child's medical records will serve as vital evidence of your child's spastic cerebral palsy diagnosis and any medical expenses or related treatment costs you have already paid. To determine if your child’s injury resulted from medical negligence, your birth injury lawyer will also collect information about your child’s appearance, activity level, posture, and if they were breathing on their own after delivery.
Filing a Cerebral Palsy Lawsuit
After key pieces of evidence have been gathered, your cerebral palsy lawyer will formally file your lawsuit against the negligent medical professionals or facilities who may be responsible for your child’s birth injury. Once the lawsuit has been filed, you will become the plaintiff, and the healthcare providers who delivered your child will become the defendants.
Discovery & Investigation
After the lawsuit gets filed, legal teams from both parties will work to gather more evidence, like testimonies from witnesses or medical experts, to support their arguments. Your birth injury attorney will typically consult a legal nurse consultant or other medical professional to examine the records and determine if the claim involves any medical mistakes made during the delivery process. Both parties will then exchange evidence and any additional relevant information through requests for documents, depositions, or interrogatories.
Settlement or Verdict
Once both sides have had time to investigate the incident, they must agree to negotiate a settlement agreement. Your birth injury malpractice lawyer will work to negotiate a fair amount of compensation for your child and your family. If the defendant does not agree to a settlement, your case may go to trial. During a trial, your lawyer will advocate on your behalf in front of a judge or jury. Due to the high risks of going to trial, a large percentage of cerebral palsy cases never go to trial.
What You Need to Prove a Spastic Cerebral Palsy Lawsuit
Before, during, or shortly after childbirth, doctors are responsible for providing a mother and her baby with the best care possible. If you believe a preventable medical error caused your child's cerebral palsy, you may be eligible to pursue a claim against the negligent healthcare provider(s). Medical malpractice lawsuits can help families cover the costs of expensive medical bills and give their child the best care possible.
Proving Medical Negligence in Spastic Cerebral Palsy Case
Securing compensation through a cerebral palsy lawsuit requires your medical malpractice lawyer to prove that a healthcare provider's negligent actions were directly responsible for your child's condition.
A cerebral palsy medical malpractice case must prove that:
The mother was a patient, and the doctor had a duty to provide her and her child with care.
There was a breach of duty due to the negligent actions or inaction of the medical professional.
The medical professional's negligence was directly responsible for the birth injury.
How Taking Legal Action Can Help
Pursuing compensation for a birth injury caused by medical negligence can benefit families in a number of ways. Here are some reasons to consider filing a Cerebral Palsy Birth Injury Lawsuit:
Medical professionals should be held accountable for their negligence.
Encourage hospitals to implement policies to protect newborns. The compensation you recover from a lawsuit can help you pay for treatments, therapies, medications, and adaptive equipment.
Secure your child's future and improve their quality of life.
Following a Cerebral Palsy diagnosis, families are often left with many unanswered questions. If you have questions, our lawyers and in-house team of nurses and nurse lawyers with years of experience helping families with medical malpractice cases are available to speak with you.
What is the Average Settlement for a Cerebral Palsy Lawsuit?
A settlement for a Cerebral Palsy lawsuit is an agreed-upon payout negotiated between the plaintiff (usually a parent or a caregiver) and the defendant (a negligent medical professional or facility). The purpose of settlements offered to families in a CP lawsuit is to provide them with financial support to help with medical expenses and treatment costs.
While most of these lawsuits are often settled out of court, they can also be negotiated during a trial. However, reaching an agreement out of court can reduce the time it takes to receive your settlement award and spare you the emotional burden of going through a court trial. Due to the confidential nature of many of these cases, it's hard to determine an average settlement amount for birth injury cases.
If your child suffered a birth injury resulting from medical malpractice, the settlement award you receive will depend on a variety of factors. Some of these factors include:
The nature and severity of your child's condition.
The impact on the child's quality of life.
The cost of medical care, therapy, and any assistance the child requires.
The financial damages you have suffered, including lost income.
The psychological well-being of your child.
Compensation from a CP medical malpractice case can help pay for:
A birth injury caused by negligence in delivery can have a profound impact on a child for the rest of their lives. Non-economic damages are often awarded in medical malpractice lawsuits to compensate families for the emotional and physical pain experienced by the child suffering from the birth injury.
Some examples of non-economic damages include:
Emotional pain and suffering
Disfigurement and scarring
Emotional distress or mental anguish
Lost earning capacity
Loss of companionship or support
Loss of enjoyment in life
Loss of a limb or body part
Paralysis
Post-traumatic stress disorder (PTSD)
To calculate non-economic damages, a birth injury lawyer and the insurance company will first calculate the total losses suffered by the victim, including past, present, and future expenses. The total will then be multiplied by a factor ranging from one to five. In cases where injuries are severe and result in lifelong disabilities, a higher factor will typically be used.
In some cases, punitive damages or exemplary damages are awarded in cases where the defendant's actions are deemed grossly negligent or malicious or they are guilty of repeatedly committing acts of negligence. These damages are awarded to punish the perpetrator for committing especially egregious or reckless acts and to deter others from committing similar offenses in the future.
In most cases of cerebral palsy, specialized medical care and treatments are required to effectively manage a child's symptoms. For many families, costs associated with treatment are not always affordable. Settlement money from a successful cerebral medical malpractice claim can make it easier to cover the costs of your child's lifetime care. Holding negligent medical professionals and facilities accountable can also help make it easier for families to move forward.
Statute of Limitations in a Birth Injury Lawsuit
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the type of case and the state where it is filed. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to personal property, fraud, contract disputes, and collection of debts.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule, and in some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
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 need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, if the negligent party was a local or state government hospital or the doctors and medical providers are employees of a governmental entity, the time period in which you must give "notice" may be shorter.
If your case is filed outside of the statute of limitations, it will typically be dismissed, and you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, contacting an attorney as soon as possible is in your best interest.
Retain a Seasoned Cerebral Palsy Birth Injury Lawyer Today
If you believe your baby developed spastic cerebral palsy as a result of medical malpractice, a seasoned birth injury lawyer can help you hold negligent medical professionals accountable. At Miller Weisbrod Olesky, our unmatched team of registered nursing staff and nurse attorneys provide a deep level of medical knowledge and personal insight to every client's case.
Our birth injury lawyers work closely with the firm's in-house team of nurses and nurse-attorneys to investigate the causes of birth injuries and determine how medical professionals may have breached their duty of care.
The firm's founder, Les Weisbrod, is a national leader in birth injury ligation. Throughout his 40 years of law practice, he has achieved an impeccable track record of successfully resolving birth injury and medical malpractice lawsuits in 20 states.
We have a passion for improving the lives of children who have suffered a brain injury and remain committed to being the leading national injury law firm by helping clients across the United States seek justice. Contact us on our toll-free line (888) 987-0005 or by filling out our convenient online form below, to schedule your free case review.
Contact Miller Weisbrod Olesky Today
Meet 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 Olesky provides unique and unparalleled services to families of birth-injured and brain-injured children from the moment the firm decides to take the case.
The registered nurses and registered nurse-attorneys on staff are valuable team members who assist Miller Weisbrod birth-injury clients. Les has designed a system where each birth injured child is assigned a nurse-attorney liaison to guide them through the process of medical treatment/evaluation, therapies, home assistance, and quality of life improvement.
Miller Weisbrod’s unmatched service allows families to better cope with the immediate challenges facing our young clients.
Birth-injured children and their families are Les and Miller Weisbrod’s priority.
Les and the attorneys at Miller Weisbrod fight for the justice their clients are entitled to under our nation’s system of justice.
This fighting spirit has taken Les across the United States to represent clients in birth injury and medical negligence cases. In fact, he has personally handled cases not only in Texas but also in Arkansas, Arizona, Colorado, Oklahoma, Louisiana, Utah, Iowa, Ohio, Oregon, Montana, Alabama, Georgia, Florida, and New York.
Les and Miller Weisbrod continue to expand their reach of helping brain-injured children to new states each year as we strive to bring a sense of justice to each affected family. And Les is not the only one who notices he fights for his clients.
Michael Rustad, a Professor of Law at Suffolk University Law School in Boston who has done extensive research on punitive damage awards, says,
“Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.”
Also, a well-known defense medical malpractice attorney dubbed Les Weisbrod the “pitbull” of the Texas medical malpractice bar in a media profile of Les published by a major newspaper.
Les shares his experience and knowledge to improve the representation of all birth-injured children and their families.
In the early 1990s, Les recognized that a more focused effort needed to be made to educate attorneys who handle birth injury cases. As a result, Les was the founding Co-Chair of the American Association for Justice (AAJ) Birth Trauma Litigation Group in 1991. He also was a founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999 and served as Chair of AAJ’s Professional Negligence Section in 1996.
Combined, these groups have put on more than a hundred continuing education seminars across the United States. helping to educate other attorneys by bringing in world-renowned experts in the fields of:
labor and delivery
neonatal care
the care and treatment of birth-injured children, including those suffering from cerebral palsy and hypoxic-ischemic encephalopathy (HIE)
Education and professional experiences back up his dedication to helping children and families harmed by medical malpractice.
Les received his B.A. magna cum laude in 1975 from Claremont Men’s College and his J.D. in 1978 from Southern Methodist University Law School.
He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law.
Les was a past president of the Dallas Trial Lawyers Association in 1993. He has been a member of the Texas Trial Lawyers Association Board of Directors since 1990.
His work with the American Association for Justice (AAJ) (formerly ATLA) includes serving as President, President-Elect, Vice President, Secretary, Treasurer, and Parliamentarian. Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and the 17-member Executive Committee of AAJ since 2001. In 1990, he was chosen as a Rising Star of the ATLA and presented a paper entitled “Dirt and Greed: A New Look at Medical Malpractice Cases.”
Les has written and lectured extensively on birth injury litigation, medical malpractice, and medical product topics.
Les is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins. He also co-authored the “Drugs & Medical Devices” chapter in AAJ’s Litigating Tort Cases.
He also has lectured to lawyer groups across the U.S., Canada, England, and Australia.
Education
Southern Methodist University - School of Law, J.D. - Dallas, Texas, 1978
Claremont Men's College - B.A. - Claremont, California, 1975
Bar Admissions
Texas
Arkansas
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Products Liability
Personal Injury
Associations & Memberships
State Bar of Texas
National Association Of Distinguished Counsel
Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum
American Association for Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Pan-European Organization of Personal Injury Lawyers
American Society of Law and Medicine
Consumer Attorneys of California
Arkansas Trial Lawyers Association
Louisiana Trial Lawyers Association
Dallas and American Bar Associations
ABOTA (American Board of Trial Advocates)
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
David Olesky is Vice Chair of the Health Care Professional Liability practice. David is a trial lawyer focusing his practice on complex litigation matters that involve defending and protecting clients in all types of cases related to catastrophic injuries or death, but with a special focus on birth injury cases. David regularly advises his health care clients on the issues and challenges that they face on a daily basis. Clients repeatedly look to him for guidance to handle such high stakes cases and matters in Texas and jurisdictions outside of Texas.
David has earned the trust and reliance of clients he has worked with by consistently getting the results that matter most to them, whether that is a win at trial or a favorable outcome through alternative dispute resolution outside the courthouse. Through his representation, David demonstrates a true loyalty and hardworking commitment to the clients that he serves.
David believes the foundation of any client relationship is to act as a trusted advisor instead of simply as a litigator. Clients value his earnest representation of their business interests, accompanied by a devotion to understanding their businesses, prompt attention to their immediate needs and the challenges they face in their individual roles.
Education
Southern Methodist University Dedman School of Law, J.D., 1992 - Dallas, Texas
Alexandra Boone is a partner in Miller Weisbrod. She concentrates her legal practice in the area of birth injury, medical malpractice and mass tort products liability. Alex currently works directly with firm partner Les Weisbrod in managing the birth injury docket and working with the firm’s highly qualified expert witnesses in the review of potential cases. Alex also litigates her own docket of medical negligence cases.
Over the course of her 17 years with the firm, Alex has focused on the administration and prosecution of mass tort litigation, originally focusing on occupational toxins, but more recently in the area of pharmaceuticals and medical devices. In the past, she has actively pursed cases involving hormone therapy, Vioxx, Fosamax, and Reglan. Alex was also instrumental in our firm successfully resolving thousands of cases transvaginal mesh, hip prosthetics, and the blood thinner Xarelto. She is actively prosecuting over 1,000 cases.
In addition to being a member of the Texas bar, she is also licensed in Oklahoma and is a member of the American Association of Justice, Texas Trial Lawyers Association, Oklahoma Association of Justice and the Dallas Trial Lawyers Association.
Education
Baylor University - School of Law, 1996, J.D. - Waco, Texas
Bar Admissions
Texas - 1996
Oklahoma - 2006
Areas of Practice
Products Liability
Mass Tort
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Oklahoma Association of Justice
Dallas Trial Lawyers Association
Pro Bono Activities
East Texas Legal Services/Nix Law Firm Pro Bono Project, 1996 - 1997
Robert Wolf
Robert E. Wolf was born in Dallas, Texas and graduated Magna Cum Laude as a proud horned frog from Texas Christian University in 1997, with Bachelor of Science degree in Political Science and was inducted into Phi Beta Kappa and Mortar Board. He obtained his law degree from Southern Methodist University in 2000 while serving as an Articles Editor for the International Law Review and winning awards at Mock Trial and Appellate competitions.
Robert has been named a Thomson Reuters | Texas Super Lawyers Rising Star (less than 2.5% of attorneys in Texas receive this distinction) in 2011, 2012, 2013, 2014, and 2015. Further, Robert was recognized as a National Trial Lawyers Top 40 Under 40 attorney for Texas in 2012 (no more than 40 attorneys in Texas are eligible for this award annually).
Robert brought his passion for and over 14 years of experience of representing seriously injured individuals and their families to Miller Weisbrod in January 2015, and has concentrated his legal practice in the area of medical malpractice, products liability, and pharmaceutical/mass tort litigation. He is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
In addition to many successful jury verdicts and settlements across Texas, Oklahoma, Iowa, Wisconsin, and Idaho, Robert’s role as an attorney representing victims and their families has led to numerous changes to key safety practices and policies and procedures at corporations and medical facilities.
Robert and his wife Suzy also get plenty of exercise trying to keep up with their precious and very active daughter.
Education
Southern Methodist University - Dedman School of Law, J.D. - 2000 - Dallas, Texas
Texas Christian University - B.S. Political Science - 1997 - Fort Worth, Texas
Bar Admissions
Texas - 2000
Areas of Practice
Medical Malpractice
Personal Injury
Products Liability
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Carrie Vine
Carrie Lynn Vine has over 15 years of experience in medical malpractice litigation, with a particular focus in representing children and families who have suffered birth injuries as a result of the negligence of either doctors, nurses or hospitals.
She is a passionate advocate for her clients and has handled hundreds of birth injury and birth trauma cases throughout the United States. As part of Carrie’s national birth injury legal practice, she has handled cases in Texas, Arkansas, California, Nevada, Kentucky, Georgia, Illinois, Wisconsin, Ohio, Pennsylvania, North Carolina, South Carolina, Florida, and North Dakota. She is determined to seek justice and works to obtain fair compensation for the children and families she represents.
Carrie earned her law degree from Northern Illinois University where she tutored other law students. Prior to law school, she received her undergraduate degree from the University of Notre Dame in Biomedical and Biological Science, and earned both a Master’s Degree and a Ph.D. from The Pennsylvania State University in Anthropological Genetics. She then conducted post-doctoral research at the University of Michigan Medical School before deciding to attend law school. She applies an academic mindset and love of science and medicine to mastering the medical principles and literature relevant to the cases she pursues.
Carrie is an active member of the American Association of Justice as well as the Birth Trauma Litigation Group (BLTG).
Education
Northern Illinois University:
Law School
University of Notre Dame:
Biomedical Science
Pennsylvania State University:
Anthropological Genetics
Bar Admissions
Texas
Areas of Practice
Birth Injury/Birth Trauma
Medical Malpractice
Associations & Memberships
American Association of Justice:
Member
Birth Trauma Litigation Group:
Member
Larry Lassiter
Lawrence R. Lassiter is an AV-rated attorney with more than twenty years of experience in appellate and trial advocacy. He has been consulted by attorneys across the country to conduct research, evaluate cases, prepare appellate and trial briefs, and formulate litigation strategy. He has prepared hundreds of appellate briefs in federal and state appellate courts, including the highest courts of Texas, West Virginia, Georgia, Oklahoma, Ohio, Nebraska and Tennessee, and he is member of the Bar of the United States Supreme Court. Larry has a national appellate and legal briefing practice. Larry has filed extensive briefs and/or argued before either state or federal courts in 30 out of 50 states in his career.
Larry assists the Birth Injury team in all aspects of legal briefing. Unlike many other birth injury firms across the United States, Miller Weisbrod has an attorney dedicated to handling legal briefing on behalf of our clients across the country. Larry has handled extensive briefing in birth injury and other medical malpractice cases in Texas, New Mexico, Arkansas, Oklahoma, Iowa, Ohio, Alabama, Georgia, New York, Utah, Arizona, Louisiana and West Virginia.
Since joining Miller Weisbrod in 2010, Larry has won a number of important victories vindicating the rights of our clients in both state and federal appellate courts, including Vitacost.com, Inc. v. McCants, 210 So.3d 761 (Fla. Ct. App. 2017); TTHR Ltd. Partnership v. Moreno, 401 S.W.3d 41 (Tex. 2013); In re E.B., 729 S.E.2d 271 (W. Va. 2012); Mid-Continent Cas. Co. v. Davis, 683 F.3d 651 (5th Cir. 2012); Rouhani v. Morgan, 2017 WL 3526719 (Tex. App. – Houston [1st Dist.] 2017, no pet.); Mid-Continent Cas. Co. v. Andregg Contracting, Inc., 391 S.W.3d 573 (Tex. App. – Dallas 2012).
He was as a judicial clerk for the Honorable Harlington Wood Jr., Circuit Judge, United States Court of Appeals for the Seventh Circuit. Larry was a University of Iowa Presidential Scholar and served as Editor in Chief of the Iowa Law Review.
Larry is an active member of the American Association for Justice. He is a member of AAJ’s Birth Injury Litigation Group and Medical Negligence Sections.
Education
University of Iowa - Political Science & History - B.A. - Iowa City, Iowa
University of Iowa - School of Law - J.D. - Iowa City, Iowa
Bar Admissions
Texas - 1996
Kansas
Missouri
Areas of Practice
Appellate Advocacy
Medical Malpractice
Pharmaceuticals & Medical Devices
Products Liability
Personal Injury
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Laurie Pierce
Laurie draws upon extensive experience in state and federal courts with a focus on complex claims involving medical malpractice cases. After many years of defending health care providers and hospital systems in medical malpractice cases, Laurie joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
Laurie’s focus is to understand not only the facts and circumstances of the matter at hand, but to understand the specific needs and goals of the client and their unique business considerations. Her extensive background in commercial litigation provides a foundation that enhances her health care litigation practice. She works with clients that require more than a strong trial lawyer; they expect an attorney who understands the relationship between law and their specific business and who will work tirelessly to protect their rights, interests and bottom line.
Admitted to Pro Bono College of State Bar of Texas in 2019 for outstanding delivery of legal services to low-income Texans
Court Admissions
United States Supreme Court
U.S. District Court, Eastern District of Texas
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Western District of Texas
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
Following graduation, Linda joined Les Weisbrod in the Medical Malpractice Section. After taking time off to raise her three lovely children, Linda returned to Miller Weisbrod and her passion of holding healthcare providers accountable for preventable errors. Linda is active in the American Association for Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and the Texas Bar Association. Linda is an active member of the Birth Trauma Litigation Group and Medical Negligence Section of the American Association for Justice.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Bar Admissions
Texas - 1996
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
Texas Bar Association
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children. Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions. Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Education
SMU Dedman School of Law - Dallas, Texas
University of Texas at Arlington - Arlington, Texas
Bar Admissions
Texas - 1996
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Matt Adair
Matt Adair is an attorney specializing in medical malpractice, products liability, and pharmaceutical litigation. He received his bachelor’s degree in Philosophy from the University of Notre Dame. During his time there, he studied abroad at the New College at Oxford University in Oxford, England.
Matt is a member of the State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Dallas Trial Lawyers Association.
Education
University of Notre Dame - Philosophy, B.A. 2012 - Notre Dame, Indiana
Baylor University - School of Law J.D. 2015 - Waco, Texas
Bar Admissions
Texas - 2015
Areas of Practice
Medical Malpractice
Products Liability
Pharmaceutical Litigation
Associations & Memberships
State Bar of Texas
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Garrett Stanford
Garrett Stanford was born in Dallas, Texas and graduated from Southern Methodist University in 2017 with a B.A. in Political Science. After graduation, he attended Baylor University School of Law. During his time at Baylor, he was a member of the Order of the Barristers and he won the Judge W.C. Davis Endowed Criminal Practice Professional Track Award. He obtained his law degree and license to practice law in 2020.
Garrett joined Miller Weisbrod in August 2021. His legal practice is concentrated in the area of birth injury and medical malpractice. Garret is actively involved in handling birth injury and medical malpractice cases in Texas, Ohio, Utah, Arkansas and Oklahoma.
Education
Southern Methodist University - Political Science, B.S. - Dallas, Texas
University of Baylor - School of Law, J.D. - Waco, Texas
Bar Admissions
Texas - 2020
Areas of Practice
Medical Malpractice
Birth Injury/Birth Trauma
Associations & Memberships
State Bar of Texas
Meet our Legal Nursing Team
Linda Chalk
As a registered nurse, Linda practiced ICU nursing for 44 years while caring for a wide range of patient conditions. She has worked closely with founding partner Les Weisbrod for over 30 years, investigating and pursuing birth injury cases.
Along with DJ Weisbrod, Linda heads up the firm’s birth injury intake, screening, and medical literature research team. She personally screens all potential cases to ensure that medical issues have been addressed before we file lawsuits on behalf of birth-injured children and their families.
DJ Weisbrod
Before joining Miller Weisbrod, DJ practiced as a surgical nurse in various hospital and operative settings. She has been with the firm over 30 years.
DJ directs Miller Weisbrod’s birth injury intake and medical screening team. She has also served as firm founder Les Weisbrod’s trial nurse for all cases involving medical negligence and birth injury.
Linda Cuaderes
Linda Cuaderes is both a registered nurse and a licensed lawyer. Linda works exclusively in Miller Weisbrod’s Birth Injury and Medical Malpractice section. Linda acts as the firm’s patient advocate and liaison with our young clients and their parents.
Linda combines her legal and nursing experience along with her exceptional organizational talent and attention to detail to make sure each child we represent is provided the highest level of medical care and attendant care during the pendency of their case. Linda communicates with our parent clients regularly to monitor their birth injured child’s treatment, provide guidance as to additional care and therapies and when necessary assist them in obtaining specialized medical providers.
Linda was raised in Bartlesville, Oklahoma and completed her Bachelor of Science in Nursing with Honors at the University of Oklahoma. She started as an Oncology Nurse at Presbyterian Hospital in Oklahoma City, quickly becoming the Assistant Head Nurse of the Outpatient Endoscopy Unit. Linda then entered the University of Oklahoma College of Law.
She is admitted to practice before the Texas Supreme Court and routinely works on cases pending throughout the United States. Linda has worked with child victims of birth injury, their parents and other victims of medical malpractice in Texas, New Mexico, Oklahoma, Arkansas, Louisiana, Iowa, Ohio, New York, Alabama, Georgia, Arizona, Utah and Missouri.
Education
University of Oklahoma - School of Law, 1990, J.D. - Norman, Oklahoma
University of Oklahoma - School of Nursing, 1985 - Norman, Oklahoma
Bar Admissions
Texas - 1990
Areas of Practice
Birth Injury/Birth Trauma
Medical Malpractice
Associations & Memberships
Texas Bar Association
American Association of Justice
Texas Trial Lawyers Association
Dallas Trial Lawyers Association
Kristin Jones
Kristin combines her medical and legal training to provide invaluable, passionate service to parents struggling to care for their birth-injured children.
Families often have questions as they go through the birth injury lawsuit process. Kristin diligently identifies and investigates all medical issues so the birth injury attorneys at Miller Weisbrod can answer those questions Kristin ensures that our birth injured children’s medical records are thoroughly reviewed and organized. Miller Weisbrod’s birth trauma litigation attorneys and medical experts retained by the firm need her services while pursuing justice for our clients.
Kelly Kunkel
Kelly Kunkel was born and raised in Dallas, Texas. She has 15 years’ experience in hospital based High Risk Obstetrics and Labor and Delivery bedside nursing care. Kelly graduated with an Associate’s Degree in Nursing from El Centro College in December of 1990 and received her Bachelor’s Degree in Nursing from West Texas A & M University in 2008; graduating with honors.
In addition, Kelly has over 25 years’ experience in medical malpractice case management and litigation and has worked with David Olesky for over 22 years. After many years of assisting in defending healthcare providers and hospital systems in medical malpractice cases involving complex litigation matters related to birth injury, catastrophic injury and death, Kelly has proudly joined David Olesky in the national birth injury and medical negligence practice at Miller Weisbrod Olesky.
