Failure to Diagnose Cystic Fibrosis

NJ Malpractice Attorneys Handling Misdiagnosis of Cystic Fibrosis Claims

Representing New Jersey clients in wrongful birth claims related to CF diagnoses

When parents learn that a fetus has cystic fibrosis, they can make an informed decision whether to go ahead with the pregnancy. Unfortunately, many parents do not find out that their child has this devastating condition until after the child is born. This can lead to a legal claim of wrongful birth against the medical providers.

At Eichen Crutchlow Zaslow, LLP, our New Jersey wrongful birth attorneys have the experience, resources, and integrity to successfully represent clients in these complex cases. We have successfully secured compensation for clients throughout the state, ensuring that our clients and their children have access to the medical care and assistance they need.

What is cystic fibrosis?

Cystic fibrosis (CF) is an inherited disease that causes severe damage to the lungs and digestive system. Per the Cystic Fibrosis Foundation:

“In people with CF, a defective gene causes a thick, sticky buildup of mucus in the lungs, pancreas, and other organs. In the lungs, the mucus clogs the airways and traps bacteria leading to infections, extensive lung damage, and eventually, respiratory failure. In the pancreas, the mucus prevents the release of digestive enzymes that allow the body to break down food and absorb vital nutrients.”

The condition is progressive, which means that it will get worse over time, and it is incurable. Medical science has increased the lifespan of a person with CF – the median age for children born between 2012 and 2016 is estimated to be 43 – but it is not an easy life, and there are very real challenges that patients will face.

Understanding the inheritance of the CF gene

Cystic fibrosis is the result of a defective gene (the transmembrane conductance regulator gene, or CFTR) and it is passed from parents to children. Parents with a copy of the defective gene are called “carriers.” If both parents carry the CF gene, there is a 1 in 4 chance that the child will have the disease, and a 1 in 2 chance that the child will be a carrier.

There are more than 10,000,000 Americans with a CFTR gene mutation. There are more than 1,700 different types of CFTR mutations, though not all of them will actually cause CF.

One way to determine if your child is at risk is to undergo testing. Genetic testing and counseling can inform parents prior to conception whether their children will be at risk for the disease. If the woman is pregnant, doctors can test the baby in utero.

How CF is treated

Because there is no cure for cystic fibrosis, patients will need to undergo some form of medical treatments for their entire lives. Because the disease is progressive, those medical treatments will likely increase in number and in cost as years go by.

To date, the most common forms of CF treatment include:

  • Medical devices used to clear mucus form the lungs and pathways
  • Medicine delivered by inhaler
  • Pancreatic enzyme supplements (in addition to multivitamins)
  • Medication like CFTR modulators

Patients who rely on any of these medications or devices to keep their lungs clear, and their bodies absorbing nutrients, will do so for their entire lives. Eventually, the disease will prove terminal.

Protecting NJ parents’ rights to make an informed decision

The state of New Jersey allows a woman to terminate a pregnancy up to 24 weeks after conception. If your medical provider failed to inform you of this right and did not perform blood testing early enough to allow you to make a decision, you may be entitled to compensation for wrongful birth.

Making a claim for wrongful birth in New Jersey

Our New Jersey medical malpractice lawyers understand the medicine and the case law related to wrongful birth of a child with cystic fibrosis. We understand the difficulties parents face in raising a child with cystic fibrosis. We also understand that you love your child. Wrongful birth claims are not lawsuits that claim you wish you hadn’t had a child; they are claims based on medical negligence on behalf of doctors who breached their duty of care. A successful wrongful birth claim will allow you to help your child survive, and to live his or her life with access to the medicine he or she needs. It is about giving your child the best possible quality of life.

You will find our entire professional staff compassionate, responsive, and focused on helping you recover the compensation your family needs and deserves.

Contact Eichen Crutchlow Zaslow, LLP to learn more about your options

Eichen Crutchlow Zaslow, LL, has the skills, resources, and experience to handle complex wrongful birth cases. With offices in Edison, Red Bank, and Toms River, our NJ medical malpractice lawyers advise and represent parents throughout the state. If your child has been diagnosed with cystic fibrosis, we offer a free consultation to discuss your case. Please call 732-777-0100, or fill out our contact form.

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Testimonials

I also WON lifelong FRIENDS!

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-22T00:29:45+00:00

~ Client

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

I have to say he is a great person.

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:42:12+00:00

~ Client

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

Mr. Zaslow is truly the best.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

~ C.C.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:44:24+00:00

~ C.C.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

Daryl Zaslow went to bat for him

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:48:36+00:00

~ Client

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

Very very pleased with the service and professionalism.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

~ M.M.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:51:39+00:00

~ M.M.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

This is a 5 star firm.

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:04:32+00:00

~ Client

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

I would highly recommend his firm.

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:07:23+00:00

~ Client

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."
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