ALBANY, N.Y. — Two couples that gave birth to children with a genetic defect later traced to donated eggs won a lawsuit against a New York fertility doctor and his clinic in the state’s highest court Thursday.
The two children, both born in 2009, have Fragile X syndrome, a genetic condition that can lead to intellectual and developmental impairments. The parents, identified by initials and last names in legal papers, were told the egg donors were screened for genetic conditions.
The parents are seeking legal damages for the added expenses of raising a disabled child. The amount of the damages was not set by the court and will likely be determined in further legal proceedings.
The case hinged on the state’s statute of limitations, which bars lawsuits filed more than two-and-a-half years after the alleged act of malpractice — or the patient’s last treatment by the physician.
The lawsuits were filed two years after the children were born, but more than two-and-a-half years following the final treatment at the clinic. The donors were tested after the children were born and found to be carriers of the mutation .