Firm partner Michael Weiss was featured in the April 6, 2015 edition of the New Jersey Law Journal for his $6 Million Settlement in a tragic prenatal misdiagnosis case.
The case involved a pregnant couple who visited a doctor for prenatal care and a 19th week ultrasound in 2011. The ultrasound revealed that the fetus’ fists were clenched which often indicates an abnormality is present. The couple was sent for an amniocentesis to investigate the clenched fists but the test came back normal. The standard of care at that point would have been to recommend a further round of testing with a fetal MRI to follow up on the clenched fists. This test would have revealed an undersized brain.
Unfortunately, the doctor’s investigation into the clenched fists came to a halt with the normal amniocentesis and the couple continued their pregnancy under the impression their fetus was healthy. In October 2011, the couple gave birth to a baby boy who was diagnosed with a very severe brain malformation called Dandy Walker Variant.
The malformation greatly impacts the child’s brain function and ability to move and eat normally. He must be fed through a tube and is confined to a wheelchair. He has difficulty with vision, breathing, and hearing. He experiences multiple daily seizures and requires 24/7 medical care.
In March of 2015 a Camden County judge approved a $6 Million settlement for the child and his parents. To read the full feature article in the NJ Law Journal, click here to visit their website.