Christman v. Anonymous Medical Group
Attorneys at the Office of Bruce G. Fagel and Associates
negotiated a settlement of $7,150,000 on behalf of an infant who now suffers
severe cerebral palsy
and developmental delays
due to injuries resulting from
during and after heart surgery to implant a pacemaker.
The defendants in this case were a cardiac surgeon, anesthesiologist and
neonatalogist. The cardiac surgeon was negligent for not making sure the proper
equipment was in the operating room, leading to a 1½ hour delay, and for
allowing the anesthesiologist to keep the plaintiff under anesthesia during
this delay rather than re-scheduling the surgery. The anesthesiologist failed
to recognize and treat the patient’s low blood pressure during the four hours
of surgery, while the neonatalogist was negligent for not recognizing and
treating the plaintiff’s hypotension during the surgery and during the first
eight hours of his stay in the Neonatal Intensive care Unit after the surgery.
As a result of the defendants’ negligence, the plaintiff suffered hypoxia and
hypovolemia, leading to significant brain injuries
. The plaintiff now requires
24-hour LVN care from a licensed agency, and will likely need this care for the
rest of his life.
All three defendants stated their actions were within the
standard of care. The neonatalogist claimed that the anesthesiologist and
cardiac surgeon were both negligent and that the entire brain injury occurred
during the surgery as a result of acute blood loss that was not effectively
treated. He claimed that no injuries occurred after the surgery, and that the
anesthesiologist and cardiac surgeon’s actions were the sole cause of the
plaintiff’s damages. However, Dr. Fagel and his associates were able to prove
that all three defendants were indeed liable and negotiated a settlement of
over $7,000,000 to compensate for projected loss of earnings and to cover the
cost of the plaintiff’s past and future medical needs for the rest of his life.