£1.8 Million for Incorrect Genetic Diagnosis

Parents who were misinformed by doctors that their unborn child did not have a genetic disorder have been awarded £1.8 million in compensation.

The couple already had two children when the wife became pregnant with her third child. During the early stages of her pregnancy, tests on her second child revealed that he had ‘Fragile X Syndrome’.

Fragile X Syndrome is one of the most common genetic causes of intellectual disability. It can affect both boys and girls although boys with the syndrome are usually more severely affected. Those with the condition often have attention-deficit hyperactivity disorder, autism and other behavioural and intellectual problems.

The couple decided that if their unborn child was found to have the disorder they would opt for a termination. However, after DNA testing they were told that although the mother was a carrier of the gene, her third child was not affected by the condition.

After the baby was born, however, he was slow to reach the usual developmental milestones. When he was four years old, his mother became so concerned about his health that she insisted on a ‘genetic review’ of his case.

The new tests showed that the boy did in fact have Fragile X Syndrome. It later emerged that the mistake had occurred because initially only one type of test to screen the foetus was carried out, whereas a second type of diagnostic test would have proved conclusive.

Shortly after the issue of proceedings, liability was admitted and the family was awarded damages of £1.8 million to meet the substantial cost of providing for their son’s special needs.