Jury Finds Obstetrics Group Negligent for Failing to Offer Prenatal Test

By Brittany Golledge

Published on November 14, 2005

A Connecticut jury on Thursday ordered an obstetrics group in Waterbury to pay $12 million for failing to offer a blood protein prenatal test to the parents of a child born with severe birth defects.

The jury determined that the Center for Women's Health in Waterbury acted negligently by failing to offer the plaintiffs, Nicki and Sean Chamberland, prenatal testing which would have indicated that their son was going to be born with significant birth defects.

According to the medical malpractice lawsuit, Nicki Chamberland visited an obstetrician with the Center for Women's Health towards the beginning of her pregnancy in the spring of 1998. As her pregnancy progressed, her prenatal care was turned over to a midwife, who saw her during the months of August and September. Attorneys for the plaintiffs state that during that time, Nicki should have been offered a blood test to measure protein levels in her blood that came from the fetus. Had the test been administered, a high level of protein would have indicated potential birth defects in her unborn child. Court documents indicate the midwife stated that she forgot to offer the test.

The plaintiff's son, Sean Cumberland, was born in January of the following year. He was diagnosed with spina bifida and hydrocephalus (water on the brain). According to medical testimony, he is paralyzed and will require ongoing medical care.

Attorneys for the Center for Women's Health group continue to maintain that the plaintiffs were provided excellent care. Despite the jury award, the group plans to file an appeal.

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