SETTLEMENT : Failure to perform AFP test, baby born with spina bifida
Not all children are born healthy and without incident. While modern medicine is capable of detecting many of the most alarming issues during pregnancy, there are still times when medical professionals fail at discovering and alerting parents of potential serious and life threatening issues. Such was the situation in a 1992 medical malpractice case Lawrence R. Booth and Donald J. Beck of Booth & Koskoff took to court.
The plaintiff in the case was born with a severe deformity known as spina bifida. Spina bifida is a tragic birth defect in which the child’s spinal cord remains open. This condition frequently results in lifelong disabilities like leg paralysis, orthopedic issues, and impaired cerebral functions.
The plaintiff in this case retained the services of Booth & Koskoff to pursue a medical malpractice lawsuit against his mother’s OB/GYN for the doctor’s failure to perform an AFP blood test as mandated by California state law. An AFP (alpha-fetoprotein) blood test checks the level of AFP in a pregnant woman’s blood and helps doctors determine whether or not the baby has a high risk of being born with spina bifida and anencephaly and thus gives parents the option to abort the fetus.
Attorneys for the defense argued that general that the plaintiff’s general damages were limited by the Medical Injury Compensation Reform Act (MICRA) of 1975 and that it was unlikely for their providing for future medical expenses due to MICRA’s collateral source exclusion.
The Booth & Koskoff legal team were able to successfully overcome this defense and secure for their client a settlement of $2,000,000.
“Because of Roger’s experience and professionalism, I was able to focus on the others things I needed to do for my brother to care for him during this time. He was a godsend, and I would highly recommend Roger and his staff.”
– Penny Vincelli
“We felt lucky like we were referred to Booth & Koskoff by someone we trusted. Richard’s professionalism and tenacity showed that he definitely was in our court.”
– John Mahoney
“From the moment I contacted Booth & Koskoff from my hospital bed to the eventual settlement of my case, I experienced nothing but outstanding assistance and representation.”
– Claire Rexon
“Mr. Booth did an incredible job resolving the case for us, and we are very thankful for the successful ending to our lawsuit. Thank you for your hard work Mr. Booth. You will always be our family lawyer and friend.”
– Sam Kirakosyan
The lawyers and staff at Booth & Koskoff were efficient, thorough, helpful and always available, even on weekends. I am very pleased with my overall experience, and I would recommend Booth & Koskoff to anyone who needs an excellent attorney.
– Keith Schultz
My family experienced a tremendous loss as a result of my father’s death. During the entire process of investigation and settlement of our case, we were treated with the utmost professionalism by the Booth & Koskoff attorneys and staff.
– Dale Magner
When I met with Roger, he was honest, genuine, and straight-forward on how we would proceed. Roger took a leap of faith when taking this case. He trusted what I said to be true, and wasn’t afraid to proceed.
– Cynthia Mitchell