Professional Negligence Law Reporter
Medicine
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Negligent fertility treatment
January/February 2024Jennifer DiLorenzo, who had three siblings with learning disabilities and behavioral issues, was tested for Fragile X syndrome at the Shore Institute for Reproductive Medicine. Before the results were returned, DiLorenzo had an intrauterine insemination and became pregnant. It was later revealed that DiLorenzo carried a defective Fragile X gene. At a subsequent genetic consultation, she was allegedly told there was a 40–50% risk her child would have a full Fragile X mutation.
DiLorenzo’s daughter was later born with a Fragile X mutation. She is severely disabled and will never be able to live on her own.
DiLorenzo, individually and on her daughter’s behalf, and her husband sued Shore Institute for Reproductive Medicine and its purported medical director, physician Allen Morgan. Suit alleged the defendants failed to properly diagnose DiLorenzo and her daughter and refer them to other medical personnel. The plaintiffs also asserted that the defendants should have obtained the test results before inseminating DiLorenzo.
The defense argued that DiLorenzo failed to mitigate her damages by having an abortion.
The parties settled for $650,000.
Citation: DiLorenzo v. Shore Inst. for Reproductive Med., No. OCN-L-1054-20 (N.J. Super. Ct. Ocean Cnty. July 6, 2023).
Plaintiff counsel: Matthew A. Schiappa, Freehold, N.J.