An inexpensive blood test could have detected the spina bifida, or water on the brain, and other neurological abnormalities Shaun and Nicki Chamberland’s unborn son was suffering from, in time to have the pregnancy terminated.
But the test was never administered, and Shaun Jr., born in 1999, will require extensive medical care for the rest of his life. Last month, a predominantly Catholic jury in Waterbury found a nurse and a midwife failed to adequately communicate the risks and benefits of performing the test on the mother-to-be, and had not obtained her informed consent to waive the tests. Lawyers for Physicians for Women’s Health LLC now have the task of toppling what may be the second-highest wrongful birth award in U.S. litigation history.
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