Cystic Fibrosis Lawyers

Serving New Jersey and other states allowing recovery for prenatal misdiagnosis

Cystic fibrosis is an inherited disease in which mucus glands produce abnormally secretions. Normally mucus is slippery and lubricates and protects the lining of various organs and tissues. People with cystic fibrosis have mucus which is thick and sticky, which can obstruct and interfere with normal bodily function. This results in tissue and organ damage, most typically in the lungs and digestive tract. Unfortunately, cystic fibrosis is a lifelong disease which usually results in a shortened life expectancy.

A simple blood or saliva test either before conception or during pregnancy can determine whether either parent carries the gene for cystic fibrosis. People who simply carry the cystic fibrosis gene do not have the disease or any symptoms, but they can pass the gene for the disease to their children. Unless both parents have the gene, their child cannot inherit the disease. However, if both parents carry the gene, there is a 25% chance that their child will suffer from the disease.

Standards of Care for prenatal diagnosis of cystic fibrosis

A careful history should be taken from all pregnant women seeking to identify risk factors for genetic disorders. Information should include the health status and presence of genetic disorders or carrier status of parents and relatives, as well as inquiry into ethic, religious and racial background. According to the American College of Obstetricians and Gynecologists, all pregnant women should be offered cystic fibrosis carrier testing so that an informed decision can be made as to whether or not to continue the pregnancy to a conclusion. http://www.acog.org/from_home/wellness/cf001.htm

Your rights in the event of a Prenatal Misdiagnosis (“Wrongful Birth”)

In order to recover, parents must prove that a medical provider’s negligence prevented them from learning that there was an increased risk that the fetus had a significant birth defect or genetic condition. They must also establish that they would likely have terminated the pregnancy had they been advised of the problem. In doing so, they are not in any way calling into question their love and devotion to their child – that relationship has already been established and will continue forever. Instead, they are merely acknowledging that if told of the defect or disease during the pregnancy, they would have likely chosen not to undertake the financial and emotional hardships involved in parenting a severely disabled child with a lifelong disability. Because the child would not likely have been born if the medical provider was not negligent, these claims are often referred to as “wrongful birth” claims.

The New Jersey Supreme Court has held that if a wrongful birth claim is established, the negligent medical provider must provide compensation for the special medical expenses and other extraordinary expenses related to the child's condition over the child's lifetime. In addition, compensation must be provided for the emotional injury and anguish suffered by the parents in being compelled to take on the lifetime tasks and burdens of parenting a disabled child.

How We Can Help

Cystic fibrosis can vary greatly in severity, with symptoms ranging from mild to severe and debilitating. The expenses involved in making sure a child with cystic fibrosis gets the best medical care possible over the course of that child's lifetime can be enormous. There may be a significant difference in the treatment and services that private medical insurance, a public school system, or such programs as Medicaid will cover, and the most desirable state of the art treatment. If your child has cystic fibrosis, and you did not learn of this diagnosis in time to exercise a choice as to whether to continue the pregnancy, you may be entitled to compensation. Proceeding with a claim may be the only way to ensure your child has the financial resources to access the best available care.

Collectively, New Jersey medical malpractice lawyers Michael L. Weiss, Esq. and Robert E. Paarz, Esq. have presented over 30 prenatal misdiagnosis, wrongful birth type cases to juries, and have helped many families obtain the financial assistance needed to lessen or eliminate the financial burden caused by birth defects and genetic diseases. They are committed to using their knowledge and experience to help families that have been negligently deprived of their constitutional right to choose whether to continue a pregnancy involving an affected fetus obtain fair compensation. If you would like to discuss the possibility of pursuing a claim, please contact Weiss & Paarz, P.C., today.

Resources to find out more

More information about cystic fibrosis can be found from any of the below websites:

National Institute of Health:
http://www.nhlbi.nih.gov/health/dci/Diseases/cf/cf_what.html
http://ghr.nlm.nih.gov/condition=cysticfibrosis
http://www.genome.gov/10001213
http://www.nlm.nih.gov/medlineplus/cysticfibrosis.html

March of Dimes:
http://www.marchofdimes.com/pnhec/159_525.asp

---