$2.35Million for Wrongful Birth/Failure to Vaccinate for Rubella

Failure to Immunize Against Rubella; Failure to Diagnose German Measles in Pregnancy $2,350,000

Infant Plaintiff was born with multiple defects caused by congenital rubella (German Measles) due to her mother’s contraction of rubella in the first trimester of her pregnancy. Infant Plaintiff’s mother was born in the Philippines. Prior to her pregnancy, she advised her obstetrician that she did not know whether she had been immunized against rubella. She was not tested for rubella immunity or immunized against rubella. Thereafter, she became pregnant and, at nine weeks of gestation, miscarried. No rubella testing or immunization was done at the hospital. She was seen in follow up and no rubella testing or immunization was done . Thereafter, the mother became pregnant and again sought treatment from her obstetricians in 1997 and blood work showed that she was not immune to rubella. As was the office policy, the mother’s chart was affixed with a sticker that she needed to be immunized following this pregnancy.

During the early part of the pregnancy, the mother developed a rash and referred her to a dermatologist for evaluation. The dermatologist did not know what caused the rash, suspected rubella but did not call the obstetricians to verify that the mother had been immunized. When Infant Plaintiff was born, she was diagnosed as having congenital Rubella syndrome. Infant Plaintiff suffered the following disorders due to congenital rubella syndrome 1) Patent ductus arteriosus, heart murmur (heart condition which required two surgeries); 2) Microcephaly and periventricular calcifications; 3) Renal tubular acidosis, an endocrine problem requiring daily medication; 4) Hearing loss requiring cochlear implant; 5) Cognitive deficits. Infant Plaintiff is presently learning how to sign.