Two couples have successfully sued a New York fertility doctor and clinic after their children were born with Fragile X syndrome.
According to ABC News, two children were born with the genetic disorder that causes intellectual and developmental delays, even though their parents were told their egg donors were genetically screened.
The parents are seeking compensation for raising the children with disabilities and medical costs. After the children were born, the egg donors were tested and found to be carriers of the Fragile X mutation, according to ABC News.
Attorneys for the fertility clinic attempted to argue that the lawsuits were filed too late. However, the New York Court of Appeals ruled that the usual circumstances of the cases made them different than most malpractice cases.
Rather than siding with the clinic, which argued that the statute of limitations began counting down when the women ended fertility treatment after becoming pregnant, the court ruled that the couples could not have been expected to file lawsuits before the children were born.
According to ABC News, damages are likely to be determined in further legal proceedings. To read further about the case, please click on the source link below.
It is not clear based on the media reports if the donors were actually screened or if errors were made during the process.
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