Cystic Fibrosis Wrongful Birth Lawsuits

Failure to Diagnose Cystic Fibrosis in California

If your child was born with cystic fibrosis because a medical provider failed to meet accepted standards of care when testing or advising you of a possible genetic disorder, you may be entitled to compensation.

California families in these situations can pursue civil actions for wrongful birth and wrongful life, which are claims brought by parents of a child born with hereditary impairments or on behalf of the child individually. However, they are challenging claims that demand the attention of experienced counsel.

The McClellan Law Firm is one of the few personal injury law firms in Southern California with experience litigating complex civil actions involving wrongful birth and wrongful life. Based in San Diego, we serve clients across California and offer FREE case evaluations. Contact us to request yours.

Why Clients Choose Us

• More than $1 billion in compensation recovered for clients
• Over 140 verdicts and settlements of $1 million or more
• Proven results in genetic testing and wrongful birth cases
• Boutique practice that prioritizes personal attention

The McClellan Law Firm was founded by Attorney Craig R. McClellan. As a member of the Inner Circle of Advocates, an invite-only group that limits membership to the top 100 plaintiffs’ trial lawyers in the nation, Mr. McClellan has established himself as one of the nation’s leading litigators and has been featured in Super Lawyers, The Best Lawyers in America, and many other prestigious legal publications.

If you have questions about a potential lawsuit involving a failure to detect cystic fibrosis in your child, Mr. McClellan and our team are available to discuss your case.

Screening for Cystic Fibrosis

Various screening techniques can help parents gauge the likelihood that their child will have cystic fibrosis, which results from the body’s mishandling of chloride and sodium. Some methods include:

• Genetic testing. Screening parents with genetic testing can provide reliable information about the likelihood of having a child with cystic fibrosis. For example, both parents who carry the CF gene have a 25% of having a child with the condition.
• Prenatal blood tests. Blood tests performed during the first trimester of pregnancy can reveal genetic markers that indicate an unborn child has cystic fibrosis.
• Ultrasounds. Doctors can use ultrasound imaging to identify mutations or abnormalities in a fetus that indicate the possible presence of cystic fibrosis.

For genetic diseases like cystic fibrosis, which requires vigilant treatment and greatly limits quality of life and life expectancy, these screening tools exist to help parents make difficult, though informed decisions about whether they should conceive or continue a pregnancy.

Negligence & Failure to Diagnose Cystic Fibrosis

Wrongful birth and wrongful life lawsuits are medical malpractice actions that claim a defendant negligently failed to diagnose or inform parents of a genetic disease that can be detected in utero, such as cystic fibrosis, or through screening of the parents. This defendant may be an obstetrician, a midwife, or some other health care professional that provided prenatal care or counseling.

Examples of negligence may include:

• Failure to adequately advise parents of genetic testing or order genetic screening
• Misinterpreting test results or recordkeeping errors
• Failing to identify and inform parents of a cystic fibrosis gene mutation
• Failures to discuss likelihood that a child would be born with a genetic disorder

While negligence may vary by case, all wrongful birth and wrongful life actions involving cystic fibrosis have two foundational claims:

1. A medical provider’s negligence deprived the parents of being able to make an informed decision about whether to conceive or continue a pregnancy; and
2. The parents incurred extraordinary expenses as a result of having a child with CF.

Can I File a Wrongful Birth Lawsuit for Cystic Fibrosis?

You may have grounds to bring a wrongful birth lawsuit if your child was born with cystic fibrosis because of a medical provider’s negligence. To be successful in your claim, you must prove that:

1. The defendant negligently failed to diagnose or warn about the risk of cystic fibrosis, or negligently failed to perform appropriate tests or advise of tests that would have reliably disclosed the risk of cystic fibrosis;
2. Your child was born with cystic fibrosis;
3. Had you known of the condition, you would not have conceived of carried to term; and
4. That the defendant’s negligence was a substantial cause.

Wrongful birth actions are difficult and fact-specific cases. To evaluate your legal options, it is best to have your case evaluated by an attorney with experience litigating these claims. The McClellan Law Firm offers free consultations and can help you understand your rights based on your unique situation.

Compensation for Failure to Diagnose Cystic Fibrosis in Fetus

Parents who prevail in wrongful birth actions are entitled to compensation for damages that include including their emotional distress, mental health expenses, and other damages. When wrongful life lawsuits are brought on behalf of the child, damages may also be awarded for the extraordinary expenses associated with the condition. For cystic fibrosis, this can include expenses for:

• Medications, inhalers, and other pharmaceutical therapies
• Lifelong specialist care and medical monitoring
• Therapies and pulmonary rehabilitation
• Treatment of persistent lung infections
• Treatment of complications that may develop, including diabetes, osteoporosis, and mental health problems

Damages can vary depending on many factors, including the severity of a child’s condition, their expected medical needs, the future costs of treatment, and even factors like inflation and insurance premium increases. At The McClellan Law Firm, we consult with medical experts, economists, and other specialists to aid us in seeking the maximum possible recovery for our clients.

Some examples of our wrongful birth / wrongful life recoveries:

• $9 million recovery over failure of genetic testing
• $2.625 million recovery in action involving child born without limbs
• $1 million settlement involving genetic testing failure

Call for a FREE Consultation: (619) 215-1488

Genetic counseling and testing failures can have incalculable consequences for children and their families, which makes wrongful birth and wrongful life claims immensely challenging matters. But difficult though they may be, these cases can be powerful tools for providing families with the means to care for their children and obtain the justice they deserve.

If you have questions about a wrongful birth / wrongful life claim involving a failure to diagnose cystic fibrosis, The McClellan Law Firm is available to review your case during a free and confidential consultation. Our attorneys are based in San Diego and represent clients across California.