Brandon v. USA
Dr. Fagel obtained a settlement of $3,500,000 on behalf of a
child who now suffers
cerebral palsy and
developmental delays after employees
of the Watts Foundation negligently failed to notice fetal distress and take
proper actions, resulting in severe perinatal asphyxia. After 40 weeks
gestation, a midwife recorded a decrease in fundal height (the size of the
uterus, which is used to assess fetal development) but did not report her
findings to an obstetrician. During the 41
st week, a Non-Stress Test
(used to measure fetal movement) was non-reactive, but a repeat NST was
interpreted as reactive and the obstetrician was not informed. Four days later
the mother went to the hospital with complaints of decreased fetal movement but
was told to go home. The next day, the midwife reportedly asked the
obstetrician, who testified that he was never told about the patient, to admit
the mother to the hospital for induction and was told to wait until the patient
was in her 42
nd week of gestation. The mother returned the next day
for an Amniotic Fluid Index Test, which showed a non-reactive, high fetal heart
rate (non-reactive tachycardia) with rapid deceleration. The obstetrician then
ordered for the patient to be sent to the hospital for direct admission, but
upon her arrival at 1:30 pm there were no instructions for staff. The on-call
obstetrician was paged and arrived to see the patient at 2:00 pm. After another
AFI was administered and showed an extremely low level, an immediate C-section
was ordered at 2:30 pm for fetal distress. However, the obstetrician then left
to deliver another patient and did not return to the operating room until 3:35.
The baby was finally delivered at 3:49 pm, appearing blue and apneic with a
dangerously low heart rate.
The defendant contended that all care was within the
standard of care and that there were no problems with the pregnancy that
required intervention before the day of delivery and that the mother was
properly referred to the hospital for delivery. With the help of Dr. Fagel and
his associates, the plaintiff was not only able to prove that the defendants
negligently failed to recognize problems in the pregnancy, but that once these
problems were assessed they negligently delayed in performing the C-section,
resulting in the infant’s asphyxia and subsequent injuries.