Birth Injury Case Results

Dr. Fagel has spent years dedicating himself to obtaining the justice and compensation his clients deserve. Among the countless successful outcomes to cases throughout his career, Dr. Fagel has obtained over $1,000,000,000 (One Billion Dollars) in jury verdicts, settlements, and arbitration awards.

Birth Injury

$11.0 million O. P., a minor v. CHW Failure to diagnose/treat kernicterus | Kern County Fagel negotiated a $11,000,000 settlement for the family where medical negligence by doctors and the hospital resulted in choreoathetoid, spastic quadriparetic cerebral palsy, moderate to severe cognitive deficits, requires supplementation with overnight gastrostomy tube feeds, and is dependent on others for nearly all of his daily living needs. These preventable conditions were caused by a delayed delivery. Dr. Fagel relied... Read More

$9.25 million S. M., a minor v. Mercy San Juan Hospital S.M. v. Anonymous Hospital and Anonymous Doctor Fagel negotiated a $9,250,000 settlement for the family where medical negligence by doctors and the hospital resulted in severe and permanent neurologic brain injuries due to severe acute perinatal hypoxia and ischemia just prior to, and during delivery. Read More

$8.5 million D.H., a minor v. Childrens Hospital of Central California D.H. v. Anonymous Hospital and Anonymous Doctor Fagel negotiated a $8,500,000 settlement for the family where medical negligence by doctors and the hospital resulted in severe and permanent brain injuries to a young child and experiencing a respiratory arrest due to an overdose of narcotic pain medication given to the patient after surgery. Read More

$8.2 million M. O., a minor v. Tenet Health System Desert, Inc. Failure to Perform Timely Cesarean Section | Los Angeles County Dr. Fagel obtained a settlement of $8,200,000 on behalf of a child who now has cerebral palsy and microcephaly due to injuries sustained in the birth process. The mother, who has systemic lupus erythematosus (SLE), was able to carry the pregnancy to term without any complications from SLE. She was admitted to the hospital at 1 p.m. with labor contractions and the perinatologist confirmed that the... Read More

$7.5 million L. N., a minor v. Kaiser L. N., a minor v Kaiser Fagel negotiated a $7,500,000 settlement for the family where medical negligence by doctors and the hospital resulted in the patient having spastic quadriparetic cerebral palsy, a seizure disorder that requires medication, is gastrostomy tube dependent for nutrition, and has severe cognitive delays which were caused by a delay in delivery and negligent resuscitation performed by inexperienced staff. Read More

$7.5 million M. G., a minor v. Assignment Staffing M. G., a minor v Anonymous Hospital and Anonymous Doctor Fagel negotiated a $7,500,000 settlement for the family where medical negligence by doctors and the hospital resulted in a diagnosis of hypoxic ischemic encephalopathy, microcephaly, diffuse hypertonia, spastic quadriplegia, cerebral palsy, profound developmental and failure to thrive caused by a delay in delivery and the placenta which was found to have abrupted at least 50%. Read More

$7.2 million K. R., a minor v. Kaiser K. R., a minor v Kaiser Fagel negotiated a $7,200,000 settlement for the family where medical negligence by doctors and the hospital resulted in the patient suffering from spastic quadriplegic cerebral palsy, a seizure disorder and severe developmental delay caused by the patient’s head and neck being wedged into the maternal pelvis. Read More

$6.0 million Harrell v. Anonymous Hospital Failure to Perform Timely Cesarean Section | Orange County Dr. Fagel achieved a settlement of $6,000,000 on the behalf of a child who suffers moderate cerebral palsy resulting from injuries that occurred during the birth process. Six weeks before delivery, a judge issued an order to suspend the mother’s obstetrician’s medical license after an investigation by the California Medical Board. However, the order was stayed with the requirement that the OB have a... Read More

$5.5 million M. G., a minor v. Anonymous Physician/Hospital Failure to Perform Timely Cesarean Section | Los Angeles County Dr. Fagel achieved a settlement of $5,500,000 on the behalf of a child who now suffers cerebral palsy and severe developmental delays after hospital staff negligently delayed in performing a Cesarean section for two hours. The mother had a history of Gestational Diabetes and Pregnancy-Induced Hypertension prior to her arrival at the defendant hospital for labor and delivery. The fetal monitor initially showed a non-reassuring pattern, so the... Read More

$5.3 million Cathryn Rojas, a minor v. USA Brain Damage and Developmental Delays | San Diego County Dr. Fagel and his associates obtained a settlement of $5,300,000 on behalf of a child who suffers severe brain injury and developmental delays due to negligent delivery and resuscitation by hospital staff. The plaintiff’s mother, an active duty Marine stationed at Camp Pendleton in Oceanside, California, was seen twice at the Labor and Delivery unit at the base, checked by the staff and sent... Read More