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Winter 2007
Attorney: Daryl L. Zaslow
Settlement: $2,070,000.

In this medical malpractice/wrongful birth case, after 3 weeks of trial, Blume Goldfaden partner, Daryl L. Zaslow, (Red Bank and Chatham) obtained a $2,070,000. settlement on behalf of an 11 year old boy with Down Syndrome.

Within moments of the Plaintiff’s birth on June 5, 1995, it was apparent that the boy had the physical characteristics associated with Down Syndrome or Trisomy 21. Chromosomal tests confirmed the diagnosis of the condition which results in mental retardation, facial and other physical stigmas and a shortened life expectancy.

The Plaintiff’s experts maintained that a prenatal ultrasound done at 16 weeks of pregnancy showed a thickened nuchal fold (excess tissue at and about the neck of the fetus), which is a sign that a fetus is at an increased risk of having Down Syndrome. The Defendants denied this finding, and planned to call two perinatologists who would have offered testimony that the 16 week ultrasound was normal. The Plaintiff’s claims also included that this finding of nuchal thickening necessitated that the mother be sent for further prenatal screening tests including a targeted ultrasound and ultimately an amniocentesis. Had an amniocentesis been performed it would have diagnosed the Down Syndrome, and the Plaintiff’s mother would have terminated the pregnancy, thereby avoiding the severe condition with which the boy must live, and the extraordinary costs involved in his care.

Mr. Zaslow argued that the reason the increased nuchal fold was not detected is that there was miscommunication among the staff at the defendant’s office as to who was responsible to interpret the ultrasound study.

Prior to the day the settlement was reached there had been no settlement offers made by the defendants.