Nichols v. Nouriani

Dr. Fagel achieved a settlement of $3.86 million on behalf of a child who suffers cerebral palsy and mental retardation after doctors failed to properly respond to complications in the labor and delivery process. Upon the mothers admission to the Labor and Delivery Unit, the Fetal Monitor Strip and Amniotic Fluid Index both showed disconcerting results. As a result, numerous drugs were administered to induce labor, under the instruction of defendant Dr. Nouriani. Nearly two days later, the mother first began pushing but was ordered to stop after just two pushes due to decelerations in the fetal heart rate. Dr. Nouriani then returned to see the patient two hours later and ordered an amnioinfusion to improve the fetal heart rate. One hour later, Dr. Nouriani moved the mother to the operating room on a non-emergency basis and attempted vaginal delivery with a vacuum, but failed on three separate attempts. He then ordered an emergency C-section and the baby was delivered with dangerously low vital signs. The minor plaintiff was later diagnosed with clinical sepsis and perinatal asphyxia. Due to injuries sustained in the birth process, the plaintiff has severe brain damage and requires 24-hour LVN care.

The defendants claimed that Dr. Nouriani was not negligent and that the major cause of injury was sepsis, not hypoxia. However, Dr. Fagel proved that a lack of oxygen to the brain (hypoxia) was the major cause of the plaintiff’s injuries and that Dr. Nouriani was negligent for failing to deliver the plaintiff earlier by C-section. The $3.86 million will be used to cover the plaintiff’s past and future medical care and to compensate for future loss of earnings.