Failure to Diagnose Tay-Sachs Disease

NJ Malpractice Lawyers Handling Claims of Misdiagnosis of Tay-Sachs Disease

Representing New Jersey families in wrongful birth cases involving genetic disorders

If you have a family history of Tay-Sachs disease, genetic testing and genetic counseling can give you the choice of not passing this devastating condition on to your children. Unfortunately, some parents aren’t given the information they need to make an informed decision. In this case, the family may be entitled to compensation for wrongful birth. At Eichen Crutchlow Zaslow, LLP, we help New Jersey families seek the compensation they need to protect their children’s lives and futures.

What is Tay-Sachs disease?

Tay-Sachs disease is a rare disorder that occurs most frequently among people of Eastern European Jewish ancestry, French Canadians, Louisiana Cajun, and Pennsylvania Dutch. The disease is caused by the lack of an enzyme called hexosaminidase-A (Hex-A), which helps break down lipids in the body. Without Hex-A, those lipids can accumulate in the nerves, and very specifically, in the nerve cells of the brain. It progressively destroys the nervous system, and it is fatal. Most children with Tay-Sachs will not survive past the age of 5.

Diagnosing Tay-Sachs disease

The most obvious signs of Tay-Sachs disease in children involve loss of motor skills, hearing loss, vision loss, and muscle weakness. Some children will have seizures. Others may develop “cherry-red” spots in their eyes. Eventually, the child will become blind and paralyzed.

There is also an adult form of the disease (Late-Onset Tay Sachs) which causes intellectual and neurological impairment, but scientists are still learning why some people can carry the gene without suffering for years.

If your baby is experiencing any of these symptoms, a blood test can be done to see if he or she has Tay-Sachs. If your child is diagnosed, there are medications and therapies that will keep the illness at bay, but not forever, and not for long. Tay-Sachs will eventually prove fatal. There is no cure.

Genetic testing for the Tay-Sachs mutation

Women who are pregnant should undergo prenatal screening as part of their routine care. DNA-based carrier testing can identify if you carry the gene mutation (or if your partner does) around the 11th week of the pregnancy. If both parents are carriers of the disease, it is passed from parents to child. The key to preventing Tay-Sachs is to have genetic testing and counseling prior to conception. If the woman is already pregnant, the testing must be performed without delay. Failure to inform the patient about this test, or failure to perform this test, can be construed as an act of malpractice – especially if you have a family history of Tay-Sachs, or belong to one of the high-risk groups.

Your rights under New Jersey law

In New Jersey, a woman may terminate a pregnancy for any reason, up to the first 24 weeks after conception. Doctors are required to inform their patients of this right. They are also required to inform patients of any options they might have when it comes to blood tests and genetic screening, so that their patients can make an informed decision whether to proceed with the pregnancy. If the doctor fails to do this, a patient may be able to bring a claim for wrongful birth because the doctor was negligent in his or her duties.

Other actions that could lead to a wrongful birth claim include:

  • Failing to take an accurate family and/or medical history
  • Failing to order the tests
  • Misreading the tests
  • Testing errors made by other medical professionals

These are all acts of medical negligence. A successful claim can ensure that your child is protected for the rest of his or her natural life. We know that you love your child. By filing for wrongful birth, you are holding the doctors to account for their errors, and helping to guarantee that these acts are not committed again.

Learn more about your options if your child was diagnosed with Tay-Sachs

The New Jersey medical malpractice lawyers of Eichen Crutchlow Zaslow, LLP understand the medicine and the case law related to wrongful birth of a child with Tay-Sachs disease. Our entire professional staff provides compassionate and responsive service to parents, and aggressive representation in litigation. Please call 732-777-0100, or fill out our contact form to schedule a free consultation at one of our offices in Red Bank, Toms River, or Edison.

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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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