$2,000,000.00 Medical Malpractice Verdict in Lee County, Florida.

Fogg Law Group has recently won a $2,000,000.00 Medical Malpractice Verdict in Lee County, Florida in a hotly contested case against Dr. Vensel of Regional Radiology on behalf of first-time parents who lost their baby to stillbirth at 38 weeks 3 days. There had been $0 offered in the case up to and through trial.

The mother was under the care of a midwife, who sent her to Radiology Regional for her baby’s 20-week anatomy scan. Despite the scan of the upper lip showing a vertical abnormality in the gray scale and the sonographer noting that the face, nose and lips could not be adequately visualized, it did not show a “classic cleft,” so the doctor reported “no abnormalities in the face or mouth.” As a result, the mother continued treating with the midwife until 38 weeks when she developed preeclampsia. The midwife failed to transfer her care to a hospital in time, and the baby died as a result. After the baby was born dead, she had a massive cleft leaving the family looking for answers.

Under Florida Law, had the baby’s cleft been detected, the midwife would have been unable to care for the mother, her care would have been transferred to an OB, and the baby would have been born in a hospital setting.

The defense empty chaired the midwife without accepting any responsibility for starting the chain of events that allowed the mother to stay in the care of the midwife.