COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.

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.

  • Endorced by the Inner Circle of Advocates

    Craig McClellan is a member of the Inner Circle of Advocates, an invitation-only group of the top 100 plaintiff trial lawyers in the United States.

  • Best Lawyers in America 2020

    Craig McClellan has been selected to the list of The Best Lawyers in America every year since 1993.

  • Best Lawers "Best Law Firms" - Personal Injury Litigation Plaintifs Tier 1, 2016

    The firm earned a Tier 1 ranking in Personal Injury in the 2022 list of the Best Law Firms.

  • Best Lawyers "Best Law Firms" - Commercial Litigation Tier 1, 2016

    The firm earned a Tier 1 ranking in Commercial Litigation in the 2022 list of the Best Law Firms.

  • Best Lawyers "Best Law Firms" - Product Liability Tier 1, 2016

    The firm earned a Tier 1 ranking in Product Liability in the 2022 list of the Best Law Firms.

  • Craig McClellan earned one of the top 10 medical malpractice settlements in California, securing a $9,000,000 settlement for a client.

  • Top 10 Settlements

    Craig McClellan & Conor Hulburt earned one of the top 10 premises liability settlements in California, securing a $3,175,850 settlement for a client.

  • Craig McClellan selected to Super Lawyers list, Top 10 San Diego Attorneys

    Craig McClellan has been selected to the list of Super Lawyers every year since 2007, and earned the most votes of ANY lawyer for 2019 in San Diego.

  • Craig McClellan was voted Lawyer of the Year for Product Liability Litigation by Best Lawyers for 2019.

  • 2020 AV Preeminent Peer Rated

    Attorney McClellan earned a Distinguished rating from Martindale-Hubbell for his achievements.

  • America's Top 100 Personal Injury Attorneys

    Craig McClellan is listed as one of America’s Top 100 High Stakes Litigators in Business Litigation, Personal Injury, and Product Liability.

  • Craig McClellan is rated 10.0 on Avvo - Top rated Personal Injury Lawyer

    Attorney McClellan has a 10/10 “Superb” rating, the highest rating an attorney can receive from Avvo.

  • BBB Accredited Business

    The firm has an A+ rating from the Better Business Bureau, the highest possible rating offered by the organization.

  • Consumer Attorneys of San Diego

    Attorney McClellan is a member of the Consumer Attorneys of San Diego, and previously served on its Board of Directors.

  • Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

    Attorney Craig McClellan was named as one of the “Best Attorneys” by the Los Angeles Times.

  • Attorney Craig McClellan named “Best Lawyers” by San Diego Metro.

    Attorney Craig McClellan was named one of the “Best Lawyers” by San Diego Metro.

  • Attorney Craig McClellan named Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

    Attorney Craig McClellan was named one of the Top Lawyers in San Diego in Business Litigation by San Diego Magazine.

  • Craig McClellan has been named among the Lawdragon 500 Leading Plaintiff Consumer Lawyers, which honors the nation’s top advocates.

Trusted Recommendations

See More Reviews
  • We wouldn’t be here, in this moment of life without the kindness and professionalism of you all and how you went to bat for us! Eternally grateful! A.K.

  • Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of ... G.P.

  • We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL. K.V.

  • I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing ... Juror

  • I thank you for your kindness and generosity in giving selflessly without reserve. Additionally, please extend my thanks to your staff for their diligent work and encouragement throughout the trial. A.D.

  • We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives. S.C.

  • Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors ...

  • It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession. Judge J.

  • Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated ... Juror

  • We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant ... S.P.

Get Help Today All Consultations Are Free of Charge
  • Please enter your first name
  • Please enter your last name
  • This isn't a valid phone number
    Please enter your phone number
    You entered an invalid number
  • This isn't a valid email address
    Please enter your email address
  • Please select an option.
  • Please tell us about your case.