Cuenca v. Mitchell Adler, M.D. and Friendly Hills
Medical Group
Dr. Fagel and his associates achieved a $13,050,000 verdict
in favor of 19-month-old child who suffered severe
brain damage after employees
of the Friendly Hills Medical Group (Torrance, CA) failed to recognize and
properly treat fetal distress during delivery, resulting in acute perinatal
hypoxia. The labor process was relatively stable until fetal heart
decelerations began when the mother began pushing. Deep variable deceleration
continued with each pushing contraction, but little or no deceleration occurred
with regular contractions, leading the defendant obstetrician to believe the
fetus was tolerating delivery and could be delivered vaginally. The defendant
then left an OB nurse to watch the mother while he delivered twins in a
neighboring room. About 30 minutes after the obstetrician left, the fetal heart
rate (FHR) tracing began to show prolonged deceleration and the defendant obstetrician
was called back in. By the time he arrived, 6 minutes after being called, the
FHR showed a dangerously low fetal heart rate. The defendant obstetrician
determined the fetus was in severe distress and needed to be delivered
immediately. He then attempted vaginal delivery with a vacuum, but was unable
to deliver the infant on two attempts. He then attempted using forceps, but was
unable to deliver the infant, once again. The then ordered a stat C-section and
the baby was finally delivered appearing bluish and apneic, with a low pulse
rate and a nuchal cord around her neck.
The defendant contended that the fetal monitor strip was
reassuring up until the fetus descended into the birth canal, at which time the
defendant called for immediate delivery. The defendant also contended that
there is no way to diagnose a nuchal cord, and since the nuchal cord was the
cause of the infant’s hypoxia, the plaintiff’s injuries were unpredictable and
unpreventable. Finally, the defendant claims that the obstetrician did not
abandon the mother because he left her with a qualified nurse and was
immediately available if needed; the defendant highlighted the fact that when
the obstetrician returned to the mother, he immediately recognized the need for
delivery and accomplished delivery within 15 minutes.
However,
Dr. Fagel and his associates proved
that the obstetrician was negligent in failing
to diagnose and treat fetal distress much earlier in the labor process. Had the
defendant properly interpreted the fetal monitor strip and delivered the infant
via C-section, all significant injuries could have been prevented. Furthermore,
the defendant misread a cranial ultrasound that revealed edema in the
plaintiff, which is indicative of acute perinatal hypoxic brain injury. Therefore,
the injuries were indeed preventable, as a nuchal cord, which generally leads
to chronic hypoxia, could not have been the cause of the plaintiff’s injuries.
Due to the obstetrician’s failure to properly react to fetal distress, the
plaintiff now suffers severe cerebral palsy and mental retardation. The jury
awarded $13,050,000 ($5,224,000 in present cash value) to cover all past and
future medical costs and to compensate for the plaintiff’s expected future loss
of earnings. $250,000 was also allocated to compensate for the plaintiff’s
mother’s emotional distress.