San Diego Canavan Disease Lawsuits

Canavan Disease & Wrongful Birth Lawsuits

Canavan disease is a rare genetic disorder that impairs the ability of neurons to send and receive messages. Parents of a child born with Canavan disease, or a child who themselves was born with it, may assert wrongful birth or wrongful life should they believe that a healthcare professional or hospital failed to perform genetic testing, performed the testing improperly, or misread the results once testing had been performed.

In wrongful birth cases, in which the parents assert the claim, the following must be proven:

  • The defendant did not diagnose or warn the plaintiff regarding the risk of their child being born with a genetic impairment or disability, or the defendant did not perform the tests / advise the parents of tests that would have likely disclosed the risk of a child being born with such an impairment / disability.

  • The child was born with either a genetic impairment or genetic disability.

  • If the parents had known about the risk of the child being born with a genetic impairment / disability, the mother would either have not conceived the child or wouldn’t have carried the fetus to term.

  • The negligence of the defendant was a factor in causing the parents to pay extraordinary costs.

Wrongful life cases are similar; however, instead of the parents being the individuals to assert the claim, it is the child themselves who bring forth the claim. In these cases, the plaintiff can recover provable economic damages to offset the specific costs of genetic impairments. They cannot, however, recover special damages such as pain and suffering, which is more subjective; they also cannot recover costs typical to raising a child.

Understanding Canavan Disease

Neonatal / infantile Canavan disease is the most common form of this condition; unfortunately, it is also the most severe. Infants who are born with Canavan disease may appear normal for the first few months of their life, but by three to five months, they may begin to show developmental problems.

It may affect motor skills such as turning over, may cause the infant to have difficulty controlling head movement, or even impair their ability to sit up. Other symptoms include weak muscle tone, unusually large head, and irritability. Over time, the individual may also develop problems with swallowing, seizures, and disturbances with their sleep.

Call The McClellan Law Firm for a Free Consult: (619) 215-1488

If you believe that you may have a wrongful birth or wrongful life lawsuit, you should not hesitate to get in touch with the professionals from The McClellan Law Firm today. We have helped countless individuals recover the compensation they deserve. In fact, we have won over 120 verdicts and settlements in excess of $1 million—more than any other attorney in the San Diego area. We are a personal injury law firm you can trust.

To take the first step in your case, contact us today for a free consultation: (619) 215-1488.

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