Facts

This wrongful birth case involved an alleged negligent failure to properly conduct genetic testing on Doe Parents despite the explicit concerns that they may be carriers for Sandhoff's disease. Specifically, claimants contend that the mother was incorrectly and negligently informed that she was not a carrier for Sandhoff's disease by a geneticist and genetic counselor after respondent tested for the incorrect genetic enzyme.

Sandhoff's disease is a devastating recessive genetic disorder that progressively destroys neurons in the central nervous system. There is no cure for Sandhoff's disease and care is limited to supportive treatment. It is fatal in 100% of cases. The symptoms, life expectancy, and prognosis of Sandhoff's disease is nearly identical to a child with Tay-Sachs disease.

The father was initially concerned since had a cousin who suffered from the terrible disease. As such, he was tested at one of respondent's offices and was a confirmed genetic carrier of the disease. His wife tested at the office and was told that she was not a carrier for the disease. However, this time, the office tested for the incorrect gene. The gene tested was for HEXA, which would show if one was a carrier for Tay-Sachs. Instead, Sandhoff's disease involves a deformity in the HEXB gene.

In reality, both parents were carriers of the disease, which meant that any child had a 25% chance of having the disease and a 50% chance of being a carrier.

Their daughter was born on November 11, 2020 and was, at that time, a healthy newborn. Tragically, approximately a year later in November of 2021, the child started to show global developmental delay, significant tone abnormalities (mixed both hypertonia and hypotonia), poor head control, dysphagia, and encephalopathy. She already suffers from severe infantile spasms, EEGs show hypsarrythmia, and macular dystrophy. She has had periods of acute respiratory failure with associated hypoxemia.

Shortly after demanding arbitration, the child passed away on Feb. 18, 2022.

Result

The case settled for $299,999.98 shortly after arbitration was initiated. The case was limited by the MICRA cap of $250,000 under Civil Code Section 3333.2.