heidi
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 Posted: 07/28/07 - 18:05 Post subject: $21 Million for 'Wrongful Birth' |
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A jury awarded over $21 million to a couple who accused a doctor of misdiagnosing a severe birth defect in their first born son, which lead to the second pregnancy with the same genetic disorder.
However, there is a big question whether the couple will get the whole sum as the doctor in question is employed at the University of South Florida and the state law limits negligence claims against government agencies at $200,000.
The family claims that Dr. Boris Kousseff from the University of South Florida did not diagnose their first born with Smith-Lemli-Opitz syndrome, a severe genetic disorder that disables patients to produce or synthesize cholesterol. If the doctor had diagnosed their first son correctly, they would have been able to recognize the risks of the disorder in their second pregnancy and prevent it. The doctor told them that they should be able to have normal children in the future.
The two young boys are not able to communicate and will need constant care their whole lives. The family sought enough money, so they could take care of the children properly.
At the end of the trial, the jury decided that Dr. Boris Kousseff was 90% negligent and found another doctor from Orlando, whose name would not be mentioned, 10% at fault.
University of South Florida didn't return a call to comment.
Many people that this tragedy should arise above politics especially because the case was so preventable and that the law should allow the family to have the award money over the $200,000. |
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