Wendy Fleishman in Law360 on NY Court’s Thoughtful Resolution of Challenging Legal Issue in Newborn Injury Case

Wendy Fleishman on Birth Claims Timing

As reported by Law360, New York’s highest court has issued a ruling in favor of two couples whose children were born with genetic defects that would have been avoided had the fertility clinic involved been forthcoming about the medical condition of the egg donor. The case’s progression hinged on a timing issue, that of when the statute of limitations should be held to run for the couples to take legal action. The clinic argued the couples’ window for a lawsuit should open at embryo implantation; the couples’ argument was that it should instead run from the time of birth — the point where the couples could reasonably have discovered the problem and when the extraordinary medical expenses for dealing with the problem would commence. [Read more…]