$2,000,000 Recovery in Wrongful Birth Down Syndrome Case
After 3 weeks of trial Daryl L. Zaslow obtained a $2,070,000 recovery on behalf of an 11 year old boy with Down Syndrome. Within moments of the Plaintiff’s birth it was apparent that the infant had physical characteristics of Down syndrome or Trisomy 21. Chromosomal tests confirmed the diagnosis which results in mental retardation, facial and other physical stigmas and a shortened life expectancy. Plaintiff’s experts maintained that a prenatal fetal survey ultrasound done at 16 weeks of pregnancy showed a thickened nuchal fold which is a sign or marker that the fetus is at an increased risk of having Down syndrome. Plaintiff’s experts maintained that this finding necessitated that the mother be sent for further tests including a targeted ultrasound and ultimately an amniocentesis. Had an amniocentesis been performed it would have diagnosed Down syndrome and Plaintiff’s mother would have terminated the pregnancy, thereby avoiding the extraordinary costs of raising and caring for a person with Down Syndrome.