Anonymous. v. Anonymous Medical Center
Dr. Fagel achieved a settlement of $4.2 million on behalf of a 3-year-old child who currently suffers spastic diplegic cerebral palsy with G-tube feeding. These injuries occurred as a result of the defendant hospital's failure to promptly notify the obstetrician of the mother's condition, which resulted in a delayed delivery. Because of the severity of the child's condition, the plaintiff's life expectancy is limited to 6-8 additional years.
The plaintiff's mother entered the hospital December 17, 2001 for induction of labor with a due date of December 21, 2001. Beginning on the 17th at roughly 1:45 AM, the mother began complaining of chest pain and the fetal monitor showed a heart rate drop from 130 to 60. A nurse conducted a vaginal exam which resulted in a rupture of membranes with bloody fluid. The fetal monitor continued to show a severe persistent bradycardia. The patient was given Terbutaline and instructed to change positions. Just before 2:00 the obstetrician was called and told to come to the hospital to deliver the plaintiff. According to the obstetrician, there was no urgency related over the phone call and he was not told anything regarding the patient's condition.
The minor plaintiff was delivered just after 2:20 AM and the OB noted a 75% placental abruption at delivery. Additionally, an emergency hysterectomy was performed due to the continuing bleeding from the uterus. The minor plaintiff was admitted to the NICU with a diagnosis of hypoxic-ischemic encephalopathy. A pediatric neurologist subsequently determined that he had a spastic diplegic cerebral palsy.
The defense alleged that the standard of care allowed the OB to be home on a low-risk patient and because of the severity of the placental abruption; an earlier delivery would not have led to a better outcome. Additionally, the defense claimed that the nurses notified the OB as soon as required by the standard of care and the delivery of the infant was completed within 5 minutes of the OB's arrival.
Dr. Fagel was able to refute the various claims made by the defendants and demonstrated that the hospital nurses failed to call the OB as soon as the abrupt change in the fetal monitor strip was noted. Also, the obstetrician should have been informed regarding the severity of the situation over the phone. The cause of the hypo-ischemia to the fetus was an acute placental abruption, such that a delivery 10 minutes earlier would have made a significant improvement in the outcome.