Birth Defect - Teratogen given to Mother in early pregnancy
VERDICT: PLAINTIFF
This complex case involved a child with "limb reduction defects." He was born with no arms, no left leg, and a partial right leg. His mother was given female sex hormones in early pregnancy by her obstetrician (who was unaware she was pregnant). These drugs were suspected of causing birth defects (similar to those caused by thalidomide). When the obstetrician found out his patient was pregnant, he did not tell her of the potential teratogenic effect of the drugs. At birth, the parents learned for the first time of their baby's condition. The child has normal mental and intellectual abilities.
The case settled for a confidential amount on the first day of trial with the drug company that had manufactured the sex hormones. The case against the obstetrician was tried over three months, and the jury was out for 11 days, at which time they returned a verdict (9 - 3) in favor of the plaintiff and against the obstetrician. Before they could return to deliberations to determine the amount of the verdict, the case settled.