Dr. Fagel achieved a settlement of $3.65 million on behalf of a 3-year-old child who suffers from cerebral palsy and requires g-tube feeding as a result of negligent care administered by hospital midwives.

The Plantiff, age 24, developed gestational diabetes during her pregnancy and was administered insulin for control. The plaintiff was admitted to the Medical Center after the child was due and was given Pitocin. The midwives determined there was an arrest of dialation due to inadequate forces or labor. Pitocin was turned off twice due to decelerations of the heart rate. Shortly after an amnioinfusion, the fetal heart rate dropped without recovery at which point the plaintiff was transferred to an operating room and a c-section was performed.  The child was immediately diagnosed with hypoxic-ischemic encephalopathy.

The defendants alleged that all care was conducted within the standard of care. According to the defendants, there was no indication for early delivery before the bradycardia, which was not a predictable occurrence.

Dr. Fagel was able to refute the various claims made by the defendants and demonstrated that the midwives were negligent for failing to diagnose an arrest and fetal intolerance of labor. This reading required the OB to deliver the baby via c-section before bradycardia.