Representative Cases

Case Summary -- D.S. and J.S. and parents and next friends of E.S., a minor, v. S.S., M.D., J.M., C.R.N.P. and an Obstetrical practice

The Firm obtained a directed verdict in favor of a certified registered nurse practitioner sued in a wrongful birth action.  Plaintiffs alleged that they were not properly informed of the results of the MSAFP/Triple Screen during the Plaintiff’s pregnancy with their son. The MSAFP/Triple Screen is a pre-natal test which screens for whether the fetus has neural tube defects and Down Syndrome. It is only a screening test and is not diagnostic, and is only 60% accurate for detecting Down Syndrome. The plaintiff mother alleged that she was told that she had a 1 in 24 chance of having a child with Down Syndrome, but that the result was a "lab error." Both the nurse practitioner and obstetrician testified that they told the mother that there was the 1 in 24 chance was an accurate number, but that if she wanted to know for sure, she needed to undergo amniocentesis. The nurse practitioner and obstetrician both testified that the mother indicated that, even if she was carrying a child with Down Syndrome, she "would not do anything differently." The mother testified that, had she known that the test results were accurate, she would have undergone diagnostic pre-natal testing, including an amniocentesis, and, if it was determined she was carrying a child with Down Syndrome, she would have terminated the pregnancy.

During Plaintiffs’ case, Plaintiffs introduced evidence of the "extraordinary" costs associated with raising a child with Down Syndrome. These costs included costs of sending their son to a private school for children with disabilities, a "home health aide" to take care of their son, and the costs of placing their son in a group home at age 21. Defendants presented the testimony of Allen Crocker, M.D., a developmental pediatrician, head of the developmental disabilities clinic at Children’s Hospital in Boston, MA, and one of the foremost experts in children with Down Syndrome in the United States. Dr. Crocker cares exclusively for children with Down Syndrome. Dr. Crocker testified that Plaintiffs’ son must be educated within the community school system, with his sister and his friends and that after finishing school, he will be able to work in the competitive job environment. People with Down Syndrome, like Plaintiffs’ son, are able to live nearly independently in the community. Many people with Down Syndrome marry. Most are mildly mentally retarded and can read at the fifth grade level. Dr. Crocker testified that, given the opportunity, Plaintiffs’ son would be able to live a happy, fulfilling and complete life.

At the close of Plaintiffs’ case, the Court granted judgment in favor of the Firm's client, finding that she did not breach any standard of care. At the close of the trial, the jury returned a defense verdict in favor of the obstetrician and the medical practice.