Blume Forte Obtains Settlement in New Jersey Wrongful Birth Case

Attorney Dennis M. Donnelly, partner at the New Jersey personal injury law firm Blume Forte, obtained a $1,750,000 settlement on behalf of a child who suffered severe brain damage and paralysis from spina bifida and hydrocephalus that a radiologist failed to identify and as the result of incomplete prenatal brain ultrasound screening. This failure on the part of the doctor deprived the mother of very important information regarding the health of her unborn child.

The radiologist failed to image the back of the fetal brain during the prenatal ultrasound screening. Had images of the back of the brain been taken, they would have shown the changes indicative of spina bifida. Although there was some dispute over whether the radiologist was required to image the back of the brain for a second trimester ultrasound, attorney Dennis Donnelly was able to show that:

  1. The American Institute of Ultrasound in Medicine (AIUM) recognized the importance of imaging views of the entire fetal brain, including the back, for all second trimester prenatal anatomical surveys; and that
  2. Although the radiologist’s report indicated that he had imaged all parts of the brain and found them normal, a review of the report concluded that there were no images of the back of the brain.

Healthcare professionals have a responsibility to complete all necessary prenatal screenings to ensure that the parents are informed of any severe and/or dilapidating conditions that could affect the health and well-being of their child.

If your child suffers from spina bifida which was not diagnosed during pregnancy, it may be appropriate to investigate and possibly pursue various claims surrounding those issues and their associated damages. Contact the knowledgeable New Jersey spina bifida attorneys at Blume Forte at 973-845-4421 to learn more about your legal rights and potential options.

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