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The Law Offices of Dr. Bruce G. Fagel & Associates Achieves $38M+ Verdict for Baby in Birth Malpractice Case

WEST HOLLYWOOD, CA, USA, April 8, 2021 / -- The Law Offices of Dr. Bruce G. Fagel & Associates has achieved a $38.2 million verdict for a child who now suffers basal ganglia disease—or, movement disorders—and cerebral palsy due to birth-related medical malpractice.

According to Dr. Fagel of the Law Offices of Dr. Bruce G. Fagel & Associates, the medical malpractice situation occurred when physicians failed to respond appropriately to a woman’s labor/delivery complications. Dr. Fagel said the woman’s labor process stalled for eight hours, but the obstetrician expressed no concern because he believed that the fetus and mother were both healthy during this time period.

Another obstetrician re-started Pitocin after this period and then told the woman to begin pushing when her cervix was fully dilated. However, 10 minutes into the pushing, the baby’s heart rate plummeted. The nurse performed intrauterine resuscitation but was unsuccessful. After another 10 minutes, the obstetrician attempted a vacuum-assisted delivery three different times but to no avail. The obstetrician thus ordered a Cesarean section, which finally led to the baby’s delivery.

When the baby was born, the infant’s Apgar scores—which assess color, reflex response, muscle tone, respiratory effort, and heart rate—were dangerously low. The infant was also diagnosed as having perinatal depression. The child now has motor impairments and cerebral palsy due to the birth injuries sustained and requires help with all daily living activities.

Dr. Fagel demonstrated at trial that the baby’s injuries resulted from the physicians’ negligence and were thus preventable. For instance, the baby should have been delivered through a Cesarean section sooner rather than undergoing three failed vacuum delivery attempts, according to Dr. Fagel.

Of the $38.2 million verdict awarded at trial, about $28 million was allotted for the child’s future and past health care expenses. Meanwhile, $10 million was slated to cover the child’s future lost earnings. A total of $275,000 was also awarded for damages that were not economic in nature.

Devon Fagel
The Law Offices of Dr. Bruce G. Fagel & Associates
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