On Monday, a jury awarded more than $21 Million to a couple who claimed that a doctor misdiagnosed a severe birth defect in their son, which lead them to have a second child with similar problems. However, because the doctor works for the University of South Florida, which is a governmental agency, the family will have to persuade the Legislature to award most of the money. Florida law limits negligence claims against government agencies to $200,000.
The couple, whose two young sons aren’t able to communicate and need constant care, sought at least enough money to care for the second child who is now 2. The couple claimed that Dr. Boris Kousseff failed to diagnose their first son’s genetic disorder, called Smith-Lemli-Opitz syndrome, which is the inability to correctly produce or synthesize cholesterol, after his 2002 birth. Had the disorder been correctly diagnosed, a test would have indicated whether the couple’s second child also was afflicted and they would have terminated the pregnancy, according to the lawsuit. The couple’s attorney said he would push state lawmakers to pass a bill awarding them money over the $200,000 cap.
If you or anyone you know has been injured during birth, contact an experienced birth injury lawyer in Chicago today to discuss your legal options.
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