$7,150,000 Settlement Reached in Medical Malpractice/Wrongful Birth Case

By Greg Kohn

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.

The attorneys at Nagel Rice, LLP represent clients throughout New York and New Jersey in a wide range of matters including personal injury, automobile accidents, brain injuries, medical malpractice, business litigation and class action cases.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.