Wrongful birth claim for mother of child with an inherited chromosomal disorder

We recovered a seven-figure settlement for the mother of a child (child B), who was born with an inherited chromosomal disorder: an insertion translocation between chromosomes 2 and 9. Consequently, the child was severely disabled with gross motor dysfunction, visual, speech and hearing deficits, significant cognitive difficulties and life-long care needs.

The mother had been pregnant with her first child, child A, who was found to have significant cardiac abnormalities in utero, meaning they would not survive after birth. As a result, the pregnancy was terminated. Cytogenetic investigations were carried out on the fetus, leading to the production of a molecular cytogenetic report which indicated that the fetus had suffered from a chromosomal abnormality. However, this information was not shared with the mother until after the birth of her subsequent child, child B. It is believed that the report was mis-filed by a clerk at the treating defendant trust.

After the birth of child B, and given their evident developmental delay, investigations were undertaken, including a cytogenetic assessment, which evidenced their genetic disorder. The results of the cytogenetic test relating to child A were subsequently identified.

A claim was initiated against the treating trust given the failure to advise the mother of the results of the cytogenetic testing undertaken on her first child, child A; the failure to advise the mother to undergo appropriate tests to ascertain whether child B was suffering from a genetic disorder prior to their birth; the failure to undertake any genetic tests during the pregnancy with child B; and the failure to advise the mother of the likelihood that she was suffering an inherited chromosomal disorder and that she could, therefore, terminate the pregnancy.

The defendant admitted breach of duty and that, had the mother been advised of the cytogenetic test results relating to child A, she would have terminated the pregnancy with child B.

The mother claimed damages to reflect the discomfort of the pregnancy, her own psychological injury arising from the birth of a severely disabled child, and a sum for the ongoing care and supervision that child B would require for life. A schedule of loss was drafted, setting out the detail of the claim based on expert evidence and, ultimately, terms of settlement were agreed between the parties.