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  • What Is Prenatal Genetic Testing, Screening, and Counseling and How Can They Lead to a Lawsuit?

    Miraculous scientific advances in prenatal genetic testing and screening over the past several decades have enabled medical providers to detect serious and life-threatening conditions in advance of the birth of a child. When properly applied, these advances, combined with skilled professional counseling, permit parents to make informed personal decisions about how to proceed in one of the most important events of their lives – bringing a child into the world.

    Prenatal genetic testing and screening are typically performed on:

    • Carriers (including parents and donors);
    • Embryos as part of in vitro fertilization (IVF); and
    • Fetuses in utero as part of prenatal examinations (such as NIPT, CVS, ultrasound, and amniocentesis).

    Prenatal genetic testing and screening is now able to detect a host of different serious and life-threatening conditions. These types of conditions include:

    • Down Syndrome;
    • Edwards Syndrome;
    • Patau Syndrome;
    • Cystic Fibrosis;
    • Sickle Cell Disease;
    • Spinal Muscular Atrophy (SMA);
    • Tay-Sachs Disease;
    • Fragile X Syndrome;
    • Thalassemia;
    • Duchenne Muscular Dystrophy;
    • Neurofibromatosis; and
    • Huntington’s Disease.

    Medical providers (including physicians, diagnostic labs, and prenatal genetic counselors) have a duty to provide proper prenatal genetic testing, screening, and counseling. They have a duty to explain, in words that the parents can understand, all material information and risks necessary for the parents to make an informed decision. Failing to live up to that duty can deprive parents of the right to make crucial personal decisions and result in grave injuries to a child.

    Unfortunately, these tragic failures happen all too often, leading to lawsuits based upon claims including the following circumstances:

    • failing to recommend or provide sufficient information about prenatal genetic testing, screening, and counseling;
    • failing to conduct appropriate prenatal genetic testing, screening, and counseling;
    • failing to perform follow-up prenatal genetic testing, screening, and counseling;
    • failing to detect a discoverable condition;
    • failing to accurately read and interpret test results; and
    • failing to issue a correct diagnosis, without missed or misinterpreted prenatal genetic results.

    If you believe that you or a member of your family has suffered injuries from improper prenatal genetic testing, screening, and counseling, you may be entitled to compensation. Stark & Stark is a national law firm pursuing thousands of cases throughout the country. We are not a marketing group. Stark & Stark has been in business for over 80 years and has over 85 experienced attorneys in offices located throughout New Jersey, Pennsylvania, and New York, ready to talk to you about your potential claim.

    Please let us help you. We have the resources to take on the largest medical providers and their insurance companies. We only handle these cases on a contingency fee basis – so if we do not successfully resolve your case, you owe us nothing. Contact us today for a confidential and free consultation.

    What are New Jersey Wrongful Birth and Wrongful Life Claims?

    New Jersey is at the forefront of using its laws to protect parents and children from improper or erroneous prenatal genetic testing, screening, and counseling. Accordingly, both “wrongful birth” and “wrongful life” claims are viable under New Jersey law. Essentially, a wrongful birth claim is brought by parents for costs of past and future medical care and emotional distress. A wrongful life claim is brought on behalf of the child for the costs of the extraordinary medical expenses needed for care throughout the child’s life.

    Together, these claims address the costs and trauma of a family’s struggles engendered by a child living with profound disabilities. Damages that can be recovered under New Jersey law include:

    • Specialized treatments, therapies, and surgeries;
    • Lifelong daily nursing care;
    • Home modifications and adaptive technologies;
    • Specialized education, training, and rehabilitation;
    • Parents’ current and future income lost while caring for the child; and
    • Compensation for the emotional distress and mental anguish experienced by parents.

    If you believe that you or a member of your family may have a claim, we strongly recommend that you seek counsel experienced in New Jersey wrongful birth and wrongful life claims. Stark & Stark’s prenatal genetic testing, screening, and counseling litigation and settlement attorneys are actively litigating claims and seeking settlements on behalf of their clients. Contact us at no cost or obligation to you.

    Contact a New Jersey Prenatal Genetic Testing, Screening, and Counseling Lawyer to Assess Your Claim.

    If you or a member of your family has suffered injuries from prenatal genetic testing, screening, and counseling, you may be entitled to compensation through the litigation process or via settlement. Please contact Stark & Stark to speak with one of our prenatal genetic testing, screening, and counseling attorneys, free of charge, who can help walk you through the wrongful birth and wrongful life lawsuit and settlement process and assess any claims that you may have.

    Stark and Stark practices in the state and federal courthouses throughout New Jersey, including:

    • Atlantic County (Atlantic City)
    • Bergen County (Hackensack)
    • Burlington County (Mount Holly)
    • Camden County (Camden)
    • United States District Court, District of New Jersey (Camden)
    • Cape May County (Middle Township)
    • Cumberland County (Bridgeton)
    • Essex County (Newark)
    • United States District Court, District of New Jersey (Newark)
    • Gloucester County (Woodbury)
    • Hudson County (Jersey City)
    • Hunterdon County (Flemington)
    • Mercer County (Trenton)
    • United States District Court, District of New Jersey (Trenton)
    • Middlesex County (New Brunswick)
    • Monmouth County (Freehold)
    • Morris County (Morristown)
    • Ocean County (Toms River)
    • Passaic County (Paterson)
    • Salem County (Salem)
    • Somerset County (Somerville)
    • Sussex County (Newton)
    • Union County (Elizabeth)
    • Warren County (Belvidere)

    Here is a list of New Jersey hospitals that may have treated you or a loved one for injuries sustained due to improper or faulty prenatal genetic testing, screening, and counseling, however this list is not all-inclusive.

    Hospital City State
    Atlantic Health System – Mountainside Hospital Montclair NJ
    Atlanticare Regional Medical Center Atlantic City NJ
    Atlanticare Regional Medical Center – Mainland Division Pomona NJ
    Bayshore Community Hospital Holmdel NJ
    Cape Regional Medical Center Cape May Court House NJ
    Capital Health Medical Center – Hopewell Pennington NJ
    Capital Health System – Fuld Trenton NJ
    Carepoint Health – Bayonne Medical Center Bayonne NJ
    Carepoint Health-Christ Hospital Jersey City NJ
    Carepoint Health-Hoboken University Medical Center Hoboken NJ
    Centrastate Medical Center Freehold NJ
    Chilton Memorial Hospital Pompton Plains NJ
    Clara Maass Medical Center Belleville NJ
    Columbus Hospital Newark NJ
    Community Medical Center Toms River NJ
    East Orange General Hospital East Orange NJ
    Englewood Hospital and Medical Center Englewood NJ
    Hackensack University Medical Center Hackensack NJ
    Hackensack-UMC At Pascack Valley Westwood NJ
    Hackensack-UMC Mountainside Montclair NJ
    Hackettstown Regional Medical Center Hackettstown NJ
    Holy Name Hospital Teaneck NJ
    Hudson Surgical Center Kearny NJ
    Hunterdon Medical Center Flemington NJ
    Inspira Health Center Bridgeton Bridgeton NJ
    Inspira Medical Center – Elmer Elmer NJ
    Inspira Medical Center Vineland Vineland NJ
    Inspira Medical Center Woodbury Woodbury NJ
    Jersey City Medical Center Jersey City NJ
    Jersey Shore Medical Center Neptune NJ
    John Fitzgerald Kennedy Medical Center Edison NJ
    Kennedy Memorial Hospital – Stratford Stratford NJ
    Kennedy Memorial Hospital – University Medical Center Cherry Hill Cherry Hill NJ
    Kennedy Memorial Hospital – Washington Township Turnersville NJ
    Kindred Hospital – New Jersey – Morris County Dover NJ
    Kindred Hospital New Jersey At Wayne Hospital Wayne NJ
    Lourdes Medical Center of Burlington County Willingboro NJ
    Meadowlands Hospital Medical Center Secaucus NJ
    Memorial Hospital of Salem County Salem NJ
    Monmouth Medical Center Long Branch NJ
    Monmouth Medical Center-Southern Campus Lakewood NJ
    Morristown Memorial Hospital Morristown NJ
    New Jersey State Prison Hospital Trenton NJ
    Newark Beth Israel Medical Center Newark NJ
    Newton Memorial Hospital Newton NJ
    Ocean Medical Center Brick NJ
    Our Lady of Lourdes Medical Center Camden NJ
    Overlook Hospital Summit NJ
    Overlook Medical Center Union NJ
    Palisades Medical Center North Bergen NJ
    Raritan Bay Medical Center – Old Bridge Old Bridge NJ
    Raritan Bay Medical Center – Perth Amboy Perth Amboy NJ
    Riverview Medical Center Red Bank NJ
    Robert Wood Johnson University Hospital New Brunswick NJ
    Robert Wood Johnson University Hospital at Hamilton Hamilton Square NJ
    Robert Wood Johnson University Hospital at Rahway Rahway NJ
    Robert Wood Johnson University Hospital Somerset Somerville NJ
    Saint Barnabas Medical Center Livingston NJ
    Saint Clares Hospital – Denville Denville NJ
    Saint Clares Hospital – Dover Campus Dover NJ
    Saint Clares Hospital – Sussex Campus Sussex NJ
    Saint Francis Medical Center Trenton NJ
    Saint Josephs Regional Medical Center Paterson NJ
    Saint Josephs Wayne Hospital Wayne NJ
    Saint Marys Hospital – Passaic Passaic NJ
    Saint Michaels Medical Center Newark NJ
    Saint Peters University Hospital New Brunswick NJ
    Shore Medical Center Somers Point NJ
    Shore Memorial Hospital Somers Point NJ
    Somerset Medical Center Somerville NJ
    South Jersey Health Care Center Camden NJ
    Southern Ocean County Hospital Manahawkin NJ
    St. Luke’s Hospital – Warren Campus Phillipsburg NJ
    St. Mary’s General Hospital Passaic NJ
    The Cooper University Hospital Camden NJ
    The University Hospital Newark NJ
    Trinitas Hospital – New Point Campus Elizabeth NJ
    Trinitas Regional Medical Center Elizabeth NJ
    Univ Medical Center of Princeton At Plainsboro Plainsboro NJ
    University Medical Center at Princeton Princeton NJ
    Valley Hospital Ridgewood NJ
    Veterans Affairs New Jersey Health Care System East – Orange Campus East Orange NJ
    Veterans Affairs New Jersey Healthcare System – Lyons Facility Lyons NJ
    Virtua Memorial Hospital of Burlington County Mount Holly NJ
    Virtua West Jersey Hospital – Berlin Berlin NJ
    Virtua West Jersey Hospital – Camden Camden NJ
    Virtua West Jersey Hospital – Marlton Marlton NJ
    Virtua West Jersey Hospital – Voorhees Voorhees NJ
    William B Kessler Memorial Hospital Hammonton NJ

    Please contact Stark & Stark today, for a confidential and free consultation. Do not wait, because there are different deadlines and statutes of limitations that apply to your claims.

    Key Contacts

    Martin P. Schrama
    609.895.7261

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