Orozco v. Tenet Healthsystem Desert, INC.

Dr. Fagel achieved a settlement of $3 million on behalf of a 3-year-old girl who now suffers significant brain injuries, including a seizure disorder, as a result of multiple breaches in the standard of care by hospital personnel.

On July 1, 2006 Guadalupe Ramos arrived at the Desert Regional Medical Center in Palm Springs. Roughly an hour and a half before birth, fetal decompensation was apparent although nothing was initially done. 35 minutes before birth the fetal heart rate dropped to 60 beats per minute. It was only at this point that the nurses realized an emergency cesarean was needed and called the administering physician.

Dr. Gomez was called at 11:50pm yet did not arrive until 12:12am. Additionally, the anesthesiologist, was called 3 times from 12:05am to 12:16am, arriving 4 minutes after Dr. Gomez. Both an emergency OB hospitalist and anesthesiologists were known to be on the hospital premises but neither was contacted. An overhead page never occurred although no one could verify the location of the anesthesiologist from 12:05 to 12:16. Additionally, no discussion was held between Dr. Gomez and the anesthesiologist regarding the most appropriate form of anesthesia, so the pair re-bloused an existing labor epidural. The child was finally delivered at 12:22 am on July 2, 2006.

Showing no signs of life and indicating low Apgar scores, CPR was immediately required by the infant plaintiff. Additionally, the child was born following an 80-90% placental abruption. The child currently suffers from numerous severedevelopmental delays with a seizure disorder , poor tone and microcephaly. At the age of 3, Mabel can neither speak, walk nor feed herself. Pediatric neurologist, Dr. William Goldie concluded that Mabel Orozco suffers from cerebral palsy consistent with near-total asphyxia.

Dr. Fagel showed that the medical center employees failed to contact the physicians within a timely manner. Additionally, the physicians failed to respond within a timely manner necessary for emergency cesarean. Once both physicians were present, the pair failed to communicate effectively, further delaying the care needed. By 11:47pm, it was clear that emergency intervention was necessary. The child was not delivered until 12:22am. Numerous studies and expert testimonies have indicated that a saving of 5-7 minutes, could have resulted in a drastically different outcome for Mabel Orozco.