Iowa Supreme Court Recognizes Wrongful Birth Claims
June 6, 2017
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 physicians’ failure to inform them of prenatal test results showing a co[...]
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Rhode Island Wrongful Birth Lawsuit Allowed To Proceed
August 13, 2016
A Superior Court judge in Rhode Island has ordered that the wrongful birth lawsuit filed by the parents of two children born with cystic fibrosis can proceed. The parents have three children, the two youngest of which were born with incurable cystic fibrosis. The parents claim in their Rhode Island [...]
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Pennsylvania Superior Court Affirms $3M Topamax Award
May 12, 2016
In its non-precedential decision filed on May 11, 2016, the Superior Court of Pennsylvania (“Superior Court”) affirmed a $3 million Pennsylvania jury verdict in favor of the parents of a child born with a cleft lip and palate that the plaintiffs alleged were due to defendant Janssen[...]
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Baltimore Wrongful Birth Verdict For Plaintiff
March 8, 2016
On March 4, 2016, a Baltimore medical malpractice jury returned its verdict in favor of the plaintiff who alleged that the defendant OB/GYN failed to perform genetic testing during her pregnancy that would have disclosed that her fetus had Down’s Syndrome, and failed to notify her of her level[...]
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Montana Medical Malpractice Jury Rejects Wrongful Birth Claim
February 14, 2016
On February 11, 2016, after a nine-day trial, a Montana medical malpractice jury rejected the plaintiffs’ wrongful birth claim in which the Montana couple alleged that they would have terminated the pregnancy had they been offered a genetic test for cystic fibrosis that would have disclosed t[...]
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Wrongful Life Lawsuit Filed In California
December 21, 2015
On December 3, 2015, a husband and wife filed a wrongful life lawsuit on their own behalf and on behalf of their disabled child in the Los Angeles Superior Court regarding their son, Justin James Sanchez, who was born on September 6, 2014 and later tested positive for cystic fibrosis. The plaintiff[...]
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