Q: My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vac
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require weekly antibody infusions for the rest of their lives. We have worked with Boston children's and the IWK children's hospital in Nova Scotia. My kids are us citizens
A:
I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend not solely on a given outcome, but a showing of a departure from a requisite standard of care, among other possible legal causes of action.
In terms of geography, you mention a hospital in Boston and Nova Scotia - so the matter could involve law firms in those jurisdictions. These are things that would need to be sorted out if a law firm felt that there was a viable basis for a case (unless you already have a pending case, since you use the term "settlement?"). Your first step could be to try to arrange a free initial consult. Good luck
A: Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with special needs, e.g. medical costs, special education costs, etc. and presumes there were abnormalities in either the donated sperm (or perhaps on ultrasound during pregnancy). Unfortunately, the statute of limitations on any such action would have been 2.5 years from the date of birth which means you time in which to bring any such lawsuit would have expired.
Tim Akpinar agrees with this answer
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