Medical Malpractice Lawsuit Involving Child Born With Cystic Fibrosis Settles For $2 Million

Medical Malpractice Lawsuit Involving Child Born With Cystic Fibrosis Settles For $2 Million

| Jan 15, 2021 | Firm News |

The Reardon Law Firm, a New London-based law firm representing plaintiffs in personal injury and wrongful death claims, is pleased to report that Attorney Kelly Reardon has settled a lawsuit on behalf of a Salem couple, Beth and Erik Trotter, as a result of the birth of their daughter, Madelyn, with Cystic Fibrosis in 2018. The case settled for $2 million, the full amount of insurance coverage available, and the settlement has been approved by the Probate Court.

The case traces its roots to Beth’s pregnancy with her first daughter, Paige, in 2016. At that time, Beth was receiving pre-natal care from OB GYN Services in Norwich. In the summer of 2016, Beth was offered, and accepted, genetic screening, including a test to determine whether she was a carrier for Cystic Fibrosis. She believed that the Cystic Fibrosis test had been performed because she was informed by a nurse at the practice that her test results were normal. The Trotter’s first daughter, Paige, was born healthy in 2016. Beth became pregnant with her second daughter, who was born in November of 2018. To Beth and Erik’s surprise, Madelyn was immediately diagnosed with Cystic Fibrosis.

The Trotters returned to OB GYN Services to ask how their daughter could have been born with this disease when the Cystic Fibrosis test performed on Beth in 2016 had been negative. The doctor consulted the records and determined that the test had never been ordered by the practice and had never been performed, despite being requested by Beth and acknowledged by the physician she spoke with. The Trotters filed suit as a result of this tragic situation, as they never would have become pregnant with a second child had they known that Beth was a carrier for CF. Madelyn faces a lifetime, now, of potentially debilitating medical problems, and the Trotters face a lifetime of expenses for her care.

The Trotters now wish for their story to be told to ensure that this type of error never occurs again with another family. In a rare occurrence, the physician involved met with them remotely to discuss the changes that have been implemented in his practice to avoid future mistakes in ordering, and following up on, laboratory testing on patients. The Trotters are pleased that a positive change has occurred because of their case. They now intend to research the possibility of introducing legislation that requires obstetrical medical providers to offer pre-natal genetic testing to their patients so that all women, and their partners, will be able to make informed decisions about potential pregnancies.

“I commend the Trotters for their decision to pursue this case and for their desire that the medical practice involved make changes to ensure this type of mistake never happens again,” said Attorney Kelly Reardon. “They are dedicated to their daughters, and this well-deserved compensation will help them to provide the best medical care possible to Madelyn in the future.”