Professional Negligence Law Reporter

Medicine

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Failure to diagnose genetic condition

September/October 2024

Doe was born with Cornelia de Lange syndrome, a rare genetic condition that affects growth and development. Doe and Doe’s parents sued a perinatal group, alleging claims for wrongful life and wrongful birth. The plaintiffs asserted that severe anatomic defects that could have been detected during an ultrasound were overlooked.

The defense argued that the genetic disorder did not result from the actions of its medical staff and that the disorder was impossible to diagnose at 23 weeks, when the ultrasound was performed.

The parties settled for $2 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. 2023).

Plaintiff counsel: Benjamin T. Ikuta and Michelle B. Hemesath, both of Santa Ana, Calif.; and AAJ member Brian Van Allen, Glendora, Calif.

Plaintiff experts: Mark Boddy, maternal-fetal medicine, Santa Cruz, Calif.; Allen Chen, physical medicine, Pacific Palisades, Calif.; and John McGahan, diagnostic imaging, Sacramento, Calif.

Defense experts: Kimberly BeDell, pediatric rehabilitation, Long Beach, Calif.; Michael Belfort, obstetrics, Houston; and Linda Olzack, life care planning, Atwater, Calif.