Two couples in New York joined together some time ago to file legal claims against a fertility clinic. Their time and patience recently paid off when the appeals court hearing their medical malpractice case decided in their favor. The decision made is one that could help many other couples who have experienced the same issue fight for compensation.
The two couples used Reproductive Medicine Associates in order to get pregnant. Both were able to achieve that goal and welcomed two beautiful babies into their homes. Approximately two years after the children were born, each child started showing symptoms of a genetic disorder called Fragile X mutation. This has left both children with developmental and intellectual impairments.
Before starting their fertility treatments, each couple was told that their egg donors had been tested for genetic issues so as to avoid anything like this. Unfortunately, that did not really happen. The attorneys for the clinic and doctor in charge argued that the couples had no right to bring a medical malpractice claim due to their filings coming in after the allowed statute of limitations. The appeals court, however, sided with the couples, finding that this case had unusual circumstances and that each couple could continue their legal fight for compensation.
Medical malpractice cases are never cut and dried. They take time and sometimes appeals are necessary to get anywhere. In this case, hearings will now be scheduled to determine the amount of damages to be awarded. Those in New York who believe that they have suffered due to the actions of a medical provider may seek damages, just as these couples did. With legal assistance, if doing so is deemed appropriate, claims may be brought against those believed responsible.
Source: U.S. News & World Report, "Couples Win Lawsuit Over Donated Eggs With Genetic Defect", David Klepper, Dec. 14, 2017