Tapia v. Anonymous Medical Group

Dr. Fagel negotiated a settlement of $2,450,000 on behalf of a child who now suffers brain and brachial plexus damage as a result of injuries sustained during the birth process. Prior to delivery, the mother had three visits with a nurse practitioner. In two of the three visits, ultrasounds showed that the fetus was in a breech (feet first) position, but the defendant nurse chose not to schedule an early Cesarean section. When the mother was admitted to the hospital for labor and delivery, the OB diagnosed a footling breech (feet-first birth) with a prolapsed umbilical cord. The mother was sent to the operating room for a crash c-section, but the OB decided to attempt a vaginal delivery. After about 30 minutes, the baby was born with critical vital signs and diagnosed with hypoxic brain damage. Later tests also revealed a brachial plexus injury.

Although the defense argued that the mother had been informed about the fetus’ breech position and delayed going to the hospital, Dr. Fagel displayed that the nurse practitioner was negligent for failing to schedule a c-section prior to the onset of labor. The fetus’ breech position clearly increased the chances for dangerous complication during labor and delivery, and an early c-section would have reduced the chances for oxygen deprivation and the consequent injuries the plaintiff incurred.