November 2013 - Bruce Nagel and Greg Kohn settled a medical malpractice / wrongful birth action where an amniocentesis was done so that prenatal cytogenetic testing could be performed to determine if the fetus was afflicted with any genetic disorders. The results of this testing were reported as normal and the mother gave birth to a baby-girl afflicted with a debilitating genetic disease characterized by an abnormal facial appearance, delayed growth and development, intellectual disability, and seizures.
The director of the cytogenetic laboratory and the two cytogenetic technicians were negligent in failing to properly perform the cytogenetic testing, resulting in a “normal” karyotype being reported even though there was an abnormality on one of the chromosomes.
Plaintiffs settled with the director of the lab and her practice group for her policy limits of $1,000,000.00. Plaintiffs settled with the hospital and the technicians for $6,150,000. This settlement occurred after mediation with the Hon. James D. Clyne, retired.