Facts

Rebecca Gutierrez received prenatal care from White Memorial Obstetrical and Gynecological Medical Group. Gutierrez had a history of myasthenia gravis, Lupus and Raynaud’s disease. An MRI performed towards the end of her pregnancy revealed fetal abnormalities. Gutierrez’s son was born with Chondrodysplasia Punctata, an inherited skeletal abnormality, and possibly VACTERL syndrome, a disorder that affected many body systems. Corona sued White Memorial and others for general negligence.

PLAINTIFF’S CONTENTIONS: Plaintiff asserted a wrongful life theory, contending that White Memorial’s failure to definitively diagnose his congenital abnormalities prenatally so as to avoid his birth was a breach of the standard of care.

DEFENDANT’S CONTENTIONS: White Memorial contended in its motion for summary judgment that it did not breach the duty of care because there was no prenatal test that could have diagnosed Corona’s congenital abnormalities. Defendant claimed Corona failed to demonstrate that any failure on defendant’s part was the cause of his birth effects.

Result

The court granted defendant’s motion.