Roy Eli v. Cedar Sinai Medical Center

                Dr. Fagel achieved a settlement of $2.5 million on behalf of a 2-year-old boy who now has cerebral palsy, a feeding disorder, a gastrostomy tube and developmental delay as a result of asphyxia suffered during labor. The plaintiff's injuries are a direct result of multiple failures to communicate by the hospital staff and the usage of residents in managing labor care without the consent or approval of attending OB, Dr. Schwartz.

                Although severe oliogohydramnios were detected by the nursing staff, roughly 3 hours went by before Dr. Schwartz was contacted by hospital staff. When Dr. Schwartz finally viewed his patient, at approximately 3:00am on October 19, 2007, the doctor ordered an emergency cesarean section to begin within the half hour. Dr. Schwartz informed the staff that a c-section needed to be performed urgently due to known thick meconium. Nevertheless, Mrs. Cohen was made to wait approximately 1 hour because 2 c-sections were already occurring. However, the hospital had 3 additional open operating rooms and an in-house anesthesiologist that could have aided in the emergency operation.

                Additionally, a second year Pediatrics resident and a first year intern were both in attendance during the delivery of Roy. Although both physicians were aware of oligohydramnios, thick meconium and decelerations, neither called for help until 18 minutes after the delivery. Additionally, the record regarding resuscitation efforts is absolutely empty. Finally, instead of performing endotracheal suctioning herself, presiding physician Dr. Jain had an intern perform the task.

                Pediatric neurologists have diagnosed Roy Eli as having suffered from perinatal asphyxia. Additionally, bilateral injury to the putamen and thalami were also indicated. Roy has spastic quadriparetic cerebral palsy with choroathetoid as a result of the trauma received at birth. Although gastromstomy tubes were removed at age 1, Roy still has significant feeding problems.

                Dr. Fagel was able to show that the Cedars Sinai Medical Center was negligent in the care of Roy Eli. Dr. Schwartz should have been immediately notified of the situation regarding prolonged deceleration and oligohtydramnios. Additionally, the hospital is liable for negligence for not performing the C-section in a timely manner and for not calling the NICU in response to the thick meconium.