Medication Error Leads to Birth Defects


After protracted litigation Marasco & Nesselbush senior trial counsel Mark H. Grimm recently reached a confidential settlement in a medical malpractice case involving injuries sustained by an infant due to medication that was improperly given to his mother while she was pregnant.

This medication had clear warnings that it was not to be given to pregnant women, as it could cause miscarriage and birth defects. Although the defendant’s health provider had properly tested the patient to determine if she was pregnant, the defendant gave the medication before obtaining those test results. As it turned out, the patient was, in fact, pregnant. The patient went through her pregnancy with constant fear that the pregnancy could end or that her baby would be born with severe birth defects. Fortunately, the patient delivered a healthy baby; however, the child was born with some minor cosmetic birth defects and a complete hearing loss in one ear. The primary difficulty with the case was proving that the birth defects were due to the medication. There was evidence that these birth defects could occur as a result of any number of factors not related to the medication; moreover, there was very limited medical evidence to prove these particular defects were caused by the mother’s exposure to one single dose of the medication.

After extensive effort and research, we were able to locate and obtain testimony from a highly qualified expert to provide the necessary proof. An intense and lengthy litigation process followed. At the end, Attorney Grimm achieved a settlement which provided substantial funds now and in the future for the benefit of the child. The funds will provide for the child’s education and economic security, and compensate the parents for the emotional distress they suffered as a result of the defendant’s negligence.