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V. A., a minor v Anonymous Physician/Hospital

Dr. Fagel negotiated a settlement of $1,775,000 on behalf of a child who now suffers mild spastic diplegic cerebral palsy due to negligent delivery. After the fetal monitor displayed decelerations, the defendant obstetrician called for an “asap” C-section rather than a “stat” C-section, which requires a response within 30 minutes. Consequently, the anesthesiologist arrived 35 minutes later and delivered the baby. The infant underwent immediate resuscitation and was then diagnosed with hypoxic ischemic encephalopathy. The defendant claimed that all conduct was within the standard of care. Dr. Fagel successfully argued that oxygen deprivation and resulting cerebral palsy could have been prevented had the defendant ordered a stat c-section at first sign of the initial fetal decelerations, allowing the baby to be delivered an hour earlier.