A jury has awarded more than $21 million to a Florida couple in what is being called a “wrongful birth” case in which a doctor misdiagnosed a severe birth defect in their son, leading them to have a second child with similar problems. Because the doctor works for the University of South Florida, the Legislature will have to be persuaded to award most of the money because state law caps negligence claims against government agencies at $200,000.
Daniel and Amara Estrada’s two young sons are not able to communicate and need constant care. Two-year-old Caleb is a severely impaired child who will need care for the rest of his life.
The couple claimed that Dr. Boris Kousseff failed to diagnose their first son’s genetic disorder, Smith-Lemli-Opitz Syndrome, which is the inability to correctly produce and synthesize cholesterol. Had the disorder been correctly diagnosed in the first child, a test would have indicated whether the couple’s second child also was afflicted by the disorder. The couple would have terminated the pregnancy had they known the second child would suffer like their first. Dr. Kousseff told them they would be able to have normal children after their first son’s birth.
If you or a loved one has suffered due to medical malpractice in Columbus, Ohio, please contact the experienced medical malpractice attorneys at Robert W. Kerpsack, Co. LPA today to schedule a confidential consultation.