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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Doctor's Negligence Results in Down Syndrome for Newborn

Following the birth of her third child, our client did not want any further children. She underwent a sterilization procedure called a bilateral tubal ligation. In this operation, the surgeon severs the fallopian tubes so that the patient cannot become pregnant again. The pathology report from the hospital demonstrated that the surgeon had only identified and severed one of the two fallopian tubes, meaning that the patient was still fertile. The surgeon, who was a hospital employee, routinely did not read the pathology reports, nor did he delegate anyone else to do so. Thus, the pathologist’s reports indicating that the patient was still fertile were ignored. Several years later she became pregnant and delivered a child who was severely retarded with Downs Syndrome. Suit was brought against the hospital, who was the employer of the surgeon, as well as the surgeon seeking damages for the extraordinary expenses of caring for this child because of her Down’s Syndrome as well as her mother’s emotional distress over her condition. The malpractice insurance company for the surgeon and the doctor was insolvent but there was $300,000.00 coverage available under the Virginia Insurance Guarantee Fund. This case was settled by compromise with a consent judgment entered against only the surgeon for $900,000.00. $300,000.00 towards this consent judgment was paid by the Virginia Insurance Guarantee Fund and efforts to collect the remainder of the judgment from the Receivers of the hospital’s insurance company continue. The settlement agreement precludes the Plaintiff from attempting to collect the excess judgment from either the physician, who is now a convicted felon and retired with no assets, or the hospital.

Awarded: $900,000