University of South Florida and Dr. Boris Kousseff

Tampa, FL: (Jul-25-07) Daniel and Amara Estrada, a Gainesville couple, brought a wrongful birth lawsuit against Dr. Boris Kousseff, who worked for the University of South Florida, claiming that the doctor misdiagnosed their first child, leading to their second child being born with similar severe birth defects. The Estradas claimed in the lawsuit that if their first child's condition, a genetic disorder called Smith-Lemli-Opitz syndrome, had been correctly diagnosed, a test would have indicated whether their second child would also be afflicted. If they had known, they would have terminated the pregnancy. They claimed that Dr. Boris Kousseff, who treated their first son, Aiden, after his 2002 birth, determined that the child's birth defects were not specific and did not diagnose Smith-Lemli-Opitz syndrome. The doctor, a specialist in genetic disorders, told them they should be able to have normal children in the future. Both children are developmentally disabled and have multiple birth defects. They are not able to communicate and need constant care.

In a settlement reached, a jury awarded more than $21 million to the Estradas. The jury declared that it found Kousseff 90% negligent and that an Orlando doctor not named in the lawsuit was 10% at fault. [HERALD TRIBUNE: BIRTH DEFECT MISDIAGNOSIS]

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Published on Jul-26-07