Case Results

Medical Malpractice Case Results

Settlements in Excess of $1,000,000

The following are sample cases settled by Gene Fahrenkrog. Although we cannot give the exact amount of each settlement, all of these cases were settled for more than one million dollars.

If you or a loved one has suffered from medical malpractice or negligence please contact us as soon as possible. Time is of the essence.

Please remember, every case is different and will be judged on its own merits. These results are no guarantee of future outcomes.

CEREBRAL PALSY

BRAIN INJURY FROM FAILURE TO PROPERLY DIAGNOIS AND TREAT HIGH RISK DELIVERY - The Plaintiff was a twin who presented at delivery in a breech position at 37 weeks gestation. There was no membrane separating the twins so this was a very high risk delivery but it was not recognized as such by the obstetricians. These twins should have been delivered at 35 weeks and the breech twin breathed in fetal stool at birth and suffered oxygen deprivation and sustained severe brain injury as a result. The non-breech twin had no problems but the breech twin was diagnosed with cerebral palsy and mental retardation at six months of age. The child will require attendant care for the remainder of her life.

IMPROPER USE OF VACUUM EXTRACTOR AND FORCEPS DURING BIRTH- Labor was induced at 39 weeks gestation and despite the baby being too large for a vaginal delivery, the obstetrician still tried to deliver the baby using a vacuum extractor and forceps, both of which were unsuccessful. The OB then pushed the baby’s head back up into the birth canal and performed a cesarean section delivery. The misuse of the vacuum extractor and forceps resulted in bleeding in the baby’s brain. He was subsequently diagnosed with cerebral palsy, mental retardation, and a seizure disorder.

VBAC FAILURE - This baby was allowed to remain in utero past the 40 week gestation. The obstetrician attempted a vaginal delivery after an earlier C-section delivery (VBAC) but the placenta ruptured and the baby was deprived of oxygen which caused cerebral palsy, mental retardation, and a seizure disorder. The child will require life-long attendant care.

BIRTH INJURIES

FAILURE TO PERFORM CESAREAN SECTION WHEN INDICATED - At 34 weeks gestation, a mother went into pre-term labor and there was a premature rupture of membranes. The delivering obstetrician tried to deliver the baby vaginally with the use of a vacuum extractor when the baby’s presentation contra-indicated its use. As a result, excessive force was applied and the baby sustained significant bleeding in the brain resulting in permanent intellectual and motor injuries as well as a seizure disorder. A cesarean section delivery was indicated and would have prevented all of these injuries.

INJURY FROM FETAL SCALP ELECTRODE- An obstetrician poked a hole in a baby’s scalp with an electrode to a fetal heart tone monitor. Consequently the baby developed a group B strep infection which resulted in the baby’s total deafness. Since the ability to speak is largely dependent on the ability to hear, the baby is also unable to speak. The baby also developed jaundice from a liver abnormality known as hyperbilirubinemia (kernicterus) causing the baby to sustain a brain injury resulting in motor weakness.

DIAGNOSIS MISTAKES


FAILURE TO DIAGNOSE AND TREAT BRAIN TUMOR - A 7 year-old girl developed a benign brain tumor that was not diagnose until two years later, well after the signs and symptoms of its presence should have led to its diagnosis and treatment. By the time the tumor was diagnosed, it had grown and the surgery was extremely dangerous. The delayed surgery left the girl blind and quadriplegic with substantial cognitive disability. Attendant care will be required for the rest of her life.

FAILURE TO DIAGNOSE DISLOCATED HIPS AT BIRTH - This child was born with dislocated hips which should have been diagnosed and treated within months after birth. Early treatment would only have required wearing a harness for a couple of months preventing difficult surgery. Instead, the dislocations were not diagnosed for 18 months and two hip surgeries were necessary and will have to be repeated every 15 years or so for the rest of her life.

FAILURE TO DIAGNOSE INFANT DEHYDRATION – A three-week-old baby became very sick and his parents immediately took the baby to the hospital. The baby was dehydrated, but the dehydration was not timely diagnosed and treated.  The failure to diagnose dehydration resulted in brain hemorrhages which caused life-long damages to an otherwise healthy baby. This child will require attendant care for the rest of his life.

FAILURE TO DIAGNOSE SURGICAL LEAK -  A 20 year old obese girl opted to have gastric bypass surgery and while the surgery went well, a leak developed so that stool was passed into her abdominal cavity. The leak was not timely diagnosed and treated. Life threatening infections resulted. The young girl incurred over one million dollars in medical expenses. Fortunately her life was saved, but it required approximately eight additional surgeries.