The plaintiffs’ Connecticut medical malpractice claim alleged that their second child was born with cystic fibrosis because the wife’s OB failed to provide genetic testing during their first pregnancy despite their request for testing. Their claim was recently settled for… Read More
-
Georgia Appellate Court Affirms Dismissal Of Claim Against Sperm Bank As Impermissble Wrong Birth Claim
The Court of Appeals of Georgia (“Georgia Appellate Court”) affirmed the dismissal of a claim against a sperm bank for the birth of a child with mental health issues, in its decision dated June 21, 2019. The Georgia Appellate Court… Read More
-
$1.7M New Jersey Medical Malpractice Settlement For Failure To Detect Fetus’ Down Syndrome
On May 21, 2019, a New Jersey judge approved a $1.7 million New Jersey medical malpractice settlement involving an obstetrician and a midwife for their alleged failures to timely detect that the plaintiff’s child in utero had Down syndrome, thereby… Read More
-
North Carolina Appellate Court Applies Continuous Course Of Treatment Doctrine In Reviving Medical Malpractice Case
The Court of Appeals of North Carolina (“North Carolina Appellate Court”) applied the continuous course of treatment doctrine in its opinion filed on September 18, 2018 in reviving a North Carolina medical malpractice case in which the plaintiffs alleged that… Read More
-
Kansas Appellate Court Says Statute That Eliminated Wrongful Birth Claims Is Constitutional
The Court of Appeals of the State of Kansas (“Kansas Appellate Court”) held in its opinion filed on June 15, 2018 that “K.S.A. 2013 Supp. 60-1906 is constitutional since a cause of action for wrongful birth was unavailable when our… Read More
-
Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim
In its opinion dated February 8, 2018, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) recognized wrongful birth claims but rejected wrongful life claims in Oregon, thereby affirming the lower appellate court’s decision. In the case the… Read More
-
Iowa Supreme Court Recognizes Wrongful Birth Claims
In its opinion filed on June 2, 2017, the Iowa Supreme Court recognized for the first time wrongful birth claims in which the parents of a child born with severe disabilities may bring a medical negligence action based on the… Read More
-
New York Trial Judge Upholds $7.5M Medical Malpractice Verdict Against Fertility Clinic
A New York trial judge has upheld a New York medical malpractice jury’s award in the amount of $7.5 million to the parents of a child born with cystic fibrosis. The defendant, a New York fertility clinic, allegedly failed to perform… Read More
-
$14.5M Nevada Medical Malpractice Verdict For Premature Baby’s Brain Damage After Delivery
A Nevada medical malpractice jury has returned its verdict in the amount of $14.5 million against two doctors, finding that their negligence led to a premature baby suffering permanent brain damage after she was born. The now 8-year-old is almost totally… Read More
-
Florida Medical Malpractice Defense Verdict For Alleged Ultrasound Negligence
After a recent four-day medical malpractice jury trial, a Florida jury took only two hours to return its verdict in favor of the defendant Florida OB/GYN and his medical practice. The plaintiff, who sought $8 million in compensatory damages from… Read More
