The parents of a severely disabled child could sue for wrongful birth - even though government programs help them pay their additional child-rearing costs, New York's Court of Appeals has ruled.
The child was born with Joubert Syndrome, a neurological disorder causing severe abnormalities in brain development and function.
The plaintiffs sued various medical providers for malpractice, alleging that the defendants' failure to detect and/or inform them of the birth defect prevented them from terminating the pregnancy.
The defendants argued that the wrongful birth claim failed because certain government programs exist which cover the extraordinary expenses of caring for a severely disabled child.
But the court concluded that the plaintiffs could proceed with their lawsuit based on expert testimony indicating that the government programs only provided a minimum level of care.
Attorneys of Ross Feller Casey, LLP has built a remarkable record of victories in Birth Injury related cases, amassing a long list of seven- and eight-figure verdicts and settlements. They include:
•$22 million verdict in a birth injury case involving blood arriving late for a transfusion
•$12 million recovery in a birth injury case
•$8 million settlement for a child who suffered a brain injury due to a delay in delivery
•$7 million recovery for a child left with cerebral palsy as a result of obstetrical negligence
•$7 million settlement for a woman who died just after delivering a baby
•$6 million settlement for an infant who suffered brain damage because a nurse midwife and nurses failed to manage fetal distress during labor
•$5.5 million recovery for a child who was brain injured at birth because an obstetrician failed to recognize signs of placental abruption
•$5.5 million settlement for the family of a 23-year-old woman who died after giving birth to her daughter