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Les Weisbrod

lesLes Weisbrod
Dallas, Texas

phone 214.987.0005
1.888.987.0005 (Toll-Free)
fax 214.987.2545
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According to Michael Rustad, a Professor of Law at Suffolk University Law School in Boston, who has done extensive research on punitive damage awards, “Les Weisbrod has obtained more medical malpractice punitive damage jury verdicts for his clients than any other attorney in the United States.” His $31 million verdict against Baylor University Medical Center in Dallas in 2003 was one of the top 100 verdicts in the United States that year.   Les Weisbrod has been dubbed the “pitbull” of the Texas medical malpractice bar. His tenacity and relentless pursuit of discovery is demonstrated by his appellate cases including: Barnes v. Whittington, 751 S.W.2d 494 (Tex. 1988) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (orig. proceeding); and S.A.B. v. Schattman, 838 S.W.2d 290 (Tex. App.--Fort Worth 1992) (orig. proceeding). Since May 1986, Mr. Weisbrod has tried or settled over 156 medical malpractice and medical product cases that have each resulted in verdicts or settlements of $1,000,000 or more for his clients.

Mr. Weisbrod 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, and he is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law. He is a past president of the Dallas Trial Lawyers Association in 1993 and has been a member of the Texas Trial Lawyers Association Board of Directors since 1990. Mr. Weisbrod has served as President, President-Elect, Vice President, Secretary, Treasurer and Parliamentarian of the American Association for Justice (AAJ) (formerly ATLA). Mr. Weisbrod has also served on the AAJ Board of Governors since 1998 and has served on the 17-member Executive Committee of AAJ since 2001. Mr. Weisbrod was the founding Co-Chair of AAJ’s Birth Trauma Litigation Group in 1991, founding Co-Chair of AAJ’s Medical Negligence Litigation Group in 1999, and Chair of AAJ’s Professional Negligence Section in 1996. 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.”  He is a contributing author to the 1996 text Operative Obstetrics published by Williams & Wilkins, and co-author of the Drugs & Medical Devices chapter in AAJ’s Litigating Tort Cases. He has lectured to lawyer groups across the U.S., Canada, England and Australia, and has written extensively on medical malpractice and medical product topics. He is recognized nationally and internationally as one of the top plaintiff’s medical malpractice trial lawyers in the United States.

Les Weisbrod - Miller Weisbrod, LLP

Areas of Practice:
Medical Malpractice
Products Liability
Personal Injury

Litigation Percentage:
100% of Practice Devoted to Litigation

Certification/Specialties:
Personal Injury Trial Law, Texas Board of Legal Specialization Civil Trial Law, Texas Board of Legal Specialization

Bar Admissions:
Texas, 1978
Arkansas, 2005
U.S. Supreme Court
U.S. Court of Appeals, District of Columbia
U.S. Court of Appeals, Fifth Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Southern District of Texas
U.S. District Court, Eastern District of Arkansas
U.S. District Court, Western District of Arkansas
U.S. District Court, Western District of Oklahoma

Education:
Southern Methodist University School of Law, Dallas, Texas, 1978 - J.D.
Claremont Men’s College, 1975 - B.A. - Honors: Magna Cum Laude

Published Works:

  1. Settlement Week,” Texas Legislature, 1989
  2. Continuing Legal Education Seminars on Health Law, Medical Malpractice, and Litigation
  3. Operative Obstetrics,” (Contributing Author), O’Grady & Gimovsky, 1995
  4. The Hospital Committee Privilege After Barnes vs. Whittington,” Texas Trial Lawyers Forum, 1988
  5. Investigating the Defendant Doctor,” Trial Magazine, 1996
  6. Attacking the Brachial Plexus Injury Defense,” (Co-Author), Trial Medical Malpractice, 2001
  7. Litigating Tort Cases: Drugs & Medical Devises, Chapter 60,” ATLA/AAJ

Classes/Seminars Taught:
Lecturer, Medical Malpractice, and Litigation, Continuing Legal Education Seminars:

  1. “The Hospital Committee Privilege After Barnes & Whittington,” Texas Trial Lawyers Forum, 1988
  2. “Winning Through Screening and Investigation of Medical Malpractice Cases,” Winning Through Investigation: Advanced Techniques in Case Development, Texas Trial Lawyers Association, 1989
  3. “Discovery and Investigations, Undue Hardship and Substantial Need,” Winning Through Trial, Texas Trial Lawyers Association, 1989
  4. “Texas Tort Law Update: Medical Malpractice,” Texas Tort Law Update: Impact of the 1988-89 Legislative Session and “New” Texas Supreme Court, Professional Education Systems, Inc., 1989
  5. “Dirt and Greed: A New Look at Medical Malpractice Cases,” Rising Stars Seminar, American Association for Justice, New Orleans, 1990
  6. “Advanced Discovery of Critical Information in Medical Malpractice Cases,” Texas Trial Lawyers Association Medical Malpractice Conference, 1990
  7. “Discovery Issues and Deposition Techniques from the Plaintiff’s Prospective,” Advanced Medical Malpractice Litigation, University of Houston Law Center Medical Malpractice Conference, 1990
  8. “Medical Records for the Plain Ol’ Simple Lawyer, Surviving the 90’s for the General Practitioner,” Texas Trial Lawyers Association, 1990
  9. “Discovery and Use of Public Information in Medical Malpractice Cases (a/k/a How to Get and Use Public Dirt),” Medical Malpractice Conference, Texas Trial Lawyers Association, October 1991
  10. “Dirt, Greed, and Punitive Damages in Kentucky and Ohio,” Personal Injury/Medical Malpractice Seminar, Northern Kentucky Bar Association, December 6, 1991
  11. “Dirt, Greed, and Punitive Damages in Birth Trauma Cases,” Birth Trauma Litigation Group Meeting, Association of Trial Lawyers of America Annual Convention, 1992
  12. “Discovery and Use of Public Information in Medical Malpractice Cases (a/k/a How to Get and Use Public Dirt),” Medical Malpractice Conference, Texas Trial Lawyers Association, October 29-30, 1992
  13. “Junk Science, Medical Literature and Burden of Proof (a/k/a Exposing Forked-Tongued Serpents),” National Litigation Symposium: Catastrophically Injured Infant, Association of Trial Lawyers of America, Atlanta, November 1992
  14. “Medical Privileges and How to Bust ‘Em,” Medical Malpractice Conference, St. Mary’s University School of Law & Texas Tech University School of Law, April 1993
  15. “Representing Minors in Personal Injury Actions,” Hot Tips for Hot Times Seminars, Texas Trial Lawyers Association, August 13-14, 1993
  16. “Attacking Frequently Used Experts,” Medical Malpractice Conference, Texas Trial Lawyers Association, Houston, October 1993
  17. “Discovery: How to Get the Dirt,” Litigating the Medical Malpractice Case, SMU School of Law, November 1993
  18. “Punitive Damages in Medical Negligence Cases,” Georgia Trial Lawyers Association, 1993
  19. “Punitive Damages in Medical Negligence Cases,” Medical Malpractice Conference, St. Mary’s University School of Law & Texas Tech University School of Law, April 14-15, 1994
  20.  “Medical Devices and Drug Litigation,” Advanced Products Liability Seminar, Texas Trial Lawyers Association, April 21-22, 1994
  21. “Practical Hints About Finding Dirt,” Medical Malpractice Conference, Houston, October 1994
  22. “The New Discovery Rules and Techniques for Assessing Discovery,” Advanced Products Liability Law, South Texas College of Law, 1994
  23. “Mediation of Medical Malpractice Cases,” St. Mary’s University Medical Malpractice Conference, April 6-7, 1995
  24. “Tips on Investigating Defendants and Their Experts, Dirt and Greed, An Update,” Medical Malpractice Conference, Texas Trial Lawyers Association, September 18, 1995
  25. “Work Product Privilege:  How to get it, How to use it and How to protect it,” 1995
  26. “Dirt and Greed, and Punitive Damages in Kentucky and Ohio,” Art & Science of Trial Lawyers, 1995
  27. “Dirt, Greed and Punitive Damages in Kentucky, Ohio and Florida,” Art & Science of Trial Lawyers, March 1996
  28. “More from Dr. Dirt,” St. Mary’s Medical Malpractice Conference, April 1996
  29. “Nucleated Red Blood Cells; a New Defense to Fetal Asphyxia Cases,” Ontario Birth Trauma Litigation Program, June 21-22, 1996
  30. “Investigating the Doctor, The Nuts and Bolts on How to Uncover the Dirt on the Defendant or Medical Witness,” KATA, July 1996
  31. “Punitive Damages in the Professional Negligence Case from the Doctor to the Lawyer,” Association of Trial Lawyers of America Convention, July 1996
  32. “Stillborn Babies, When Is It a Case and How to Maximize Damages,” Birth Trauma Litigation Group Meeting, Association of Trial Lawyers of America, August 1996
  33. “What To Do When They Just Say ‘No’,” Medical Malpractice Conference, Texas Trial Lawyers Association, September 1996
  34. “Choosing, Using & Deposing Medical Experts,” KATA Costa Rica, October 1996
  35. “Drug and Medical Device Litigation,” Advanced Products Liability Seminar, Texas Trial Lawyers Association, January 1997
  36. “Formal Discovery and the Expert Witness,” UT School of Law Evidence & Discovery Symposium, April 1997
  37. “Dealing with Missing or Altered Medical Records,” St. Mary’s Medical Malpractice Conference, April 3-4, 1997
  38. “Obtaining Information on the Defense Experts,” American Association for Justice, Atlanta, April 11, 1997
  39. “Devastating Discovery Techniques, Eliminating the Defense Expert,” Colorado Trial Lawyers Association, July 11, 1997
  40. “Neonatal Death,” Australian Plaintiff Lawyers Association, November 1997
  41. “Nucleated Red Blood Cells: A New Defense to Fetal Asphyxia,” Resort Mega Seminar, American Association for Justice, Florida, January 2, 1998
  42. “Dealing with the Dishonest Expert,” Medical Malpractice Conference, St. Mary’s University, San Antonio, April 1998
  43. “Chiropractic Malpractice,” American Association for Justice Summer Convention, July 10, 1998
  44. “Trial Tactics,” NCA/American Association for Justice Case Workshop Program, 1999
  45. “Trial Tactics,” Trial Advocacy College of Texas, 1999
  46. “Care of the Critically Ill Newborn,” American Association for Justice Mid-Winter Convention, San Antonio 1999
  47. “Shoulder Dystocia,” St. Mary’s Medical Malpractice Conference, San Antonio April 8-9, 1999
  48. “V-BAC Update,” Birth Trauma Litigation Group, American Association for Justice Annual Convention, San Francisco, July 1999
  49. “Managed Care Litigation; Two Cases In One?,” 3rd Annual Conference, Suing and Defending Managed Health Care Providers, September 1999
  50.  “What’s New in Literature,” Litigating Catastrophically Injured Infant Cases, September 26, 1999
  51. “Overcoming Defenses – ACOG 163,” National College of Advocacy, Litigating Catastrophically Injured Infant Seminar, Atlanta, February 25-26, 2000
  52. “Nucleated Rad Blood Cells,” National College of Advocacy, Litigating Catastrophically Injured Infant Seminar, Atlanta, February 25-26, 2000
  53.  “Voir Dire,” American Association for Justice Convention, 2000
  54. “Pre-trial Stuff To Do,” Medical Malpractice Conference, Texas Trial Lawyers Association, Houston, September 28-29, 2000
  55. “In Response to Erb’s Palsy:  Concepts of Causation and Mathematical Modeling of Forces Associated with Shoulder Dystocia: A comparison of endogenous and exogenous sources,” 2000
  56. “Shoulder Dystocia” (Updated), St. Mary’s Medical Malpractice Conference, November 2000
  57. Legal Panel Moderator and Respondent, United Brachial Plexus Network, Inc., Colorado, 2001
  58. “The Health of Medical Malpractice Insurance Carriers and the Patients’ Bill of Rights,” Medical Malpractice Seminar, University of Missouri-Kansas City Law School, 2001
  59. “Conducting a Direct Examination Using Demonstrative Evidence,” American Association for Justice, 2001
  60. “Hospital Joint Enterprise,” Medical Malpractice Conference, Texas Tech and St. Mary’s University Schools of Law, 2001
  61. “Clinical Placental Pathology Issues to Consider in Obstetrical Malpractice Cases,” American Association for Justice Winter Convention,  Atlanta, February 22, 2002
  62. “You Have a Verdict, So What?,” Litigation Tactics of ATLA All Stars, American Association for Justice, April 19, 2002
  63. Birth Trauma Litigation Group/Medical Negligence Information Litigation Group program, London, March 11-12, 2002
  64. “Getting Punitive Damages in Delaware,” Delaware Trial Lawyers Association, June 7, 2002
  65. “Cross-Examining Defendant Doctors/Experts,” Birth Trauma Litigation Group Meeting, American Association for Justice, 2002
  66. “Untangling the Web of Anesthesia Negligence,” Professional Negligence Litigation Group Meeting, American Association for Justice, July 22, 2002
  67. “Mysterious Places to Find the Goods,” 13th Annual TTLA Medical Malpractice Conference, Houston, September 26-27, 2002
  68. “Cross-Examination of Medical Expert Witnesses,” Consumer Attorneys of California 14th Annual Hawaii Seminar, Maui, November 7-8, 2002
  69. “Beating the Doubling-Time Defense in Breast Cancer Cases,” St. Mary’s University-Texas Tech University Schools of Law Medical Malpractice Conference, 2002
  70. “Problems in Proving Damages,” 16th Annual Weekend with the Stars: Lessons Learned, ATLA’s National College of Advocacy, 2002
  71. “Cross-Examination of Defendants and Their Expert Witnesses,” Medical Trial Skills College, January 2003
  72. “Triage & Tragedy; Negligence in the Emergency Room,” American Association for Justice America Mid-Winter Convention, Maui 2003
  73. “Litigating Shoulder Dystocia Cases,” American Association for Justice Mid-Winter Convention, 2003
  74. “Using Medicine to Make Your Case: pH Values,” Litigating Catastrophically Injured Infant Cases Seminar, ATLA/BTLG, 2003 
  75. “Using Experts – What You Need to Know,” National College of Advocacy American Association for Justice Annual Convention, San Francisco, July 20, 2003
  76. “Deposing the Defendant in a Medical Malpractice Case,” Consumer Attorneys of California Annual Convention, 2003
  77. “The Art of Cross Examination and Discovery,” Kentucky Academy of Trial Attorneys Annual Convention, 2003
  78. “Persuasion Through Voir Dire,” Negligence in the Operating Room, American Association for Justice, 2003
  79. “Brachial Plexus Birth Injuries,” Texas Tech/St. Mary’s Medical Malpractice Conference in San Antonio, 2003
  80. “Inoculating Against Typical Medical Negligence Strategies and Defenses,” American Association for Justice Winter Convention, Orlando, February 14-18 2004
  81. “Effective Use of Experts,” Texas Trial Lawyers Association Mid-Year Seminar, New Orleans, June 11, 2004
  82. “Perfecting the Rebuttal Closing,” Stalwarts/Hall of Fame Committee Education Program, July 3, 2004
  83. “Steps to Take to Form a Successful Litigation Group and Membership Fundraising and Lobbying Assistance,” Litigation Group Leader’s Workshop, July 6, 2004
  84. “Cross Examination of Defense Expert Witnesses at Trial,” American Association for Justice Annual Convention, July 7, 2004
  85.  “Investigating Experts,” Louisiana Trial Lawyers Association, October 1, 2004
  86. “Notwithstanding HB4, Victims in Texas Can Still Achieve Significant Redress; Find New Ways of Presenting Damages,” Keeton Trial Conference, October 29, 2004
  87. “Cross of Defense Expert at Trial,” Consumer Attorneys of California, Hawaii, 2004
  88. “Settlements--Knowing When the Climb is Over,” American Association for Justice Weekend of the Stars, New York, December 11, 2004
  89. “The No-Holds Barred Deposition - Defanging the Bogus Medical Expert,” Southern Trial Lawyers Association, Louisiana, February 4, 2005
  90. “Mitigating the Media,” American Association for Justice Education: Selecting Your Jury in Karl Rove’s World, April 8-9, 2005
  91. “Cross Examining the Defense Expert - New Techniques,” American Association for Justice New Jersey Boardwalk Seminar, April 22, 2005
  92. “Medical Malpractice,” El Paso Bar Association Conference, Las Vegas, January 27, 2006
  93. “Advocacy Track: Advocating for Justice - Proving the Case Education Program,” American Association for Justice Mid-Winter Convention, February 21, 2006
  94. “Voir Dire/Jury Selection,” Melvin Belli Seminar, Seattle, June 14, 2006
  95. “Jury Selection,” Southern Trial Lawyers Association, New Orleans, February 2007
  96. “Jury Selection and the Rules of the Road,” American Association for Justice Annual Convention, Chicago, June 15, 2007
  97. “Jury Selection and the Rules of the Road,” AAJ Rules of the Road Seminar, Atlanta, September 15, 2007
  98. “Rules of the Road - Tips For Preparing & Trying Your Case,” ATLA-NJ Meadowlands Seminar, October 19, 2007
  99. “Jury Selection,” Louisiana Association for Justice, New Orleans, December 14, 2007
  100. “Emergency Room Misdiagnoses,” American Association for Justice, San Juan, Puerto Rico 2008
  101. “Trial Tactics in the Age of Tort Reform,” March 2008, Ohio Association for Justice, Columbus, Arbino Seminar, March 14, 2008
  102. “Brain Injury in the Medical Malpractice Context,” Utah Association for Justice Brain Injury Seminar, Salt Lake City, March 2008
  103. “Rules of the Road - Tips For Preparing & Trying Your Case,” Arkansas Trial Lawyers Association Annual Convention, Eureka Springs, April 24, 2008
  104. “Being a Trial Lawyer:  A 30-Year Perspective,” Ohio Association for Justice, Columbus, May 2008
  105. “Rules of the Road - Tips For Preparing & Trying Your Case,” ATLA-NJ Boardwalk Seminar, Atlantic City, May 1, 2008
  106. “Jury Selection,” Mississippi Association for Justice Annual Convention, New Orleans, June 4, 2008
  107. “Recent Developments in Vioxx and HRT From a U.S. Perspective,” PEOPIL Annual Conference, Valencia, Spain, June 8, 2008
  108. “Effectively Presenting the Expert Witness with Baggage,” American Association for Justice, Phoenix, January 2009
  109. “Jury Selection and the Rules of the Road,” Kansas City, December 4, 2009
  110. “Retinopathy of Prematurity,” American Association for Justice/Pan-European Organization of Personal Injury Lawyers Joint Medical Negligence Seminar, Amsterdam, April 2010
  111. “Punitive Damages Update,” American Association for Justice Annual Convention, Advocacy Track, Vancouver, Canada, July 2010
  112. “Retinopathy of Prematurity,” ATLA-NJ, Medical Malpractice from Across the USA, Meadowlands, New Jersey, November 2010
  113. “Spinal Epidural Abscess,” 2011
  114. “Litigating Catastrophically Injured Infant Cases of Medical Negligence,”  American Association for Justice Winter Convention, Miami 2011
  115. “Tort Reform,” International Association of Rehabilitation Professionals, San Juan, Puerto Rico, October 26, 2012
  116. “Advanced Deposition Tactics,” TTLA Year End Conference, Austin, December 6, 2012
  117. “Deposing the Defendant Doctor: The Crucial Turning Point,” American Association for Justice Winter Convention, Advocacy Track, Miami, February 10, 2013

    Honors and Awards:
    Harry M. Philo Award, American Association for Justice 2013
    Dan Cullan Memorial Award, Executive Board, American Association for Justice Birth Trauma Litigation Group, 2012
    Wiedemann & Wysocki Award, American Association for Justice, 1999, 2002, 2003, 2004, 2005
    Best Lawyers in America, 2011-2012
    Texas Monthly – Texas SuperLawyers, 2003-2010
    D Magazine Best Lawyers in Dallas, 2002-2005, 2012
    Martindale-Hubbell AV-Rated Attorney (highest rating), 1990-2012
    Member, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum

    Professional Associations and Memberships:
    American Association for Justice, 2009 - President
    American Association for Justice, 2007 - 2008 - President-Elect
    American Association for Justice, 2006 - Vice President
    American Association for Justice, 2005 - Secretary
    American Association for Justice, 2004 - Treasurer
    American Association for Justice, 2003 - Parliamentarian
    American Association for Justice, 1998 - Present - Board of Governors
    American Association for Justice, 2000 - Present - Executive Committee
    American Association for Justice, 2002 - Chair, President’s Task Force on Medical Malpractice
    American Association for Justice, 1999 - 2007 - Birth Trauma Litigation Group
    American Association for Justice, 1991 - 1993 - Founding Co-Chair
    American Association for Justice, 1999 - 2007 - Medical Negligence Information Exchange Group
    American Association for Justice, 1999 - 2000 - Founding Co-Chair
    American Association for Justice, Professional Negligence Section, 1992 - 2007
    American Association for Justice, 1996 - 1997 - Chair
    American Association for Justice, Section and Litigation Group, 2001 - 2006 - Coordination Committee
    American Association for Justice, 2003 - Chair
    American Association for Justice, 2002 - 2006 - Public Affairs Committee
    American Association for Justice, 2005 - 2007 - Convention Planning Committee
    American Association for Justice, 2004 - 2006 - Chair, Membership Oversight Committee
    American Association for Justice, 2006 - 2007 - Vice-Chair
    American Association for Justice, 2002 - 2006 - Leaders Forum Committee
    American Association for Justice, 2004 - 2007 - Trustee, Civil Justice Foundation
    American Association for Justice, Professional Negligence Section, 1992 - 2007
    American Association for Justice, 1996 - 1997 - Chair
    American Association for Justice, 1998 - 1999 - Communication, Computers and Law Office Technology Committee
    American Association for Justice, 1992 - 1993 - Scientific & Medical Integrity Committee
    American Association for Justice, PAC “M Club Eagles,” 1998 - 2005
    American Association for Justice, 2000 - 2005 - Leaders Forum
    American Association for Justice, 1999 - 2003 - Charter Member, President’s Club
    American Association for Justice, 2002 - 2003 - Coordinator, Leadership Training Program for ATLA Board of Governors
    American Association for Justice, 2002 - 2003 - Committee Chairs
    Texas Trial Lawyers Association, 1988 - 1990 - Associate Director
    Texas Trial Lawyers Association, 1990 - Present - Director
    Dallas Trial Lawyers Association, 1989 - Present - Treasurer
    Dallas Trial Lawyers Association, 1990 - Secretary
    Dallas Trial Lawyers Association, 1991 - Vice President
    Dallas Trial Lawyers Association, 1992 - President-Elect
    Dallas Trial Lawyers Association, 1993 - President
    Pan-European Organization of Personal Injury Lawyers (PEOPIL) - Member
    American Society of Law and Medicine - Member
    Consumer Attorneys of California - Member
    Arkansas Trial Lawyers Association - Member
    Louisiana Trial Lawyers Association - Member
    Dallas and American Bar Associations - Member
    State Bar of Texas - Member
    ABOTA (American Board of Trial Advocates) - Member
    Dallas County Settlement Week, 1988 - Chairman

    Past Employment Positions:
    State Representative Jim Mattox, Austin, Legislative Aide, 1973
    U.S. Representative Alan Steelman, Washington, D.C., Legislative Aide, 1974
    State Representative Jim Mattox, Austin, Administrative Assistant, 1975
    House Study Group, Texas House of Representatives, Austin, Staff Director, 1975

    Pro Bono Activities:
    Vice President, Jewish Family Service of Dallas, 1989 - 1992
    President, Jewish Family Service of Dallas, 1993 - 1994

    ABOTA

    AAJ AAJ LEADERS FORUM


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