The Connecticut Supreme Court will uphold a decision to award $34 million to a woman who was inseminated with sperm from a donor infected with a virus that caused severe birth defects.
The Connecticut Supreme Court will uphold a decision to award $34 million to a woman who was inseminated with sperm from a donor infected with a virus that caused severe birth defects.
Officials said UConn Health inseminated a young woman who couldn't conceive with sperm from a donor who had been infected with a virus known as Cytomegalovirus, or CMV.
An attorney for the Connecticut family said the error could have been easily avoided, and it "led to disastrous and tragic consequences."
Aaron and Jean-Marie Monroe-Lynch struggled with infertility and decided to utilize UConn Health's fertility clinic. In 2014, the couple learned they were pregnant with twins, a boy and a girl.
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"What for most couples is a time of pure joy, turned into tragedy and grief when nine months after the insemination procedure at UConn Health, the twins were born infected with the CMV virus," Attorney Lincoln Woodard said in a statement.
Jean-Marie gave birth to a stillborn and the other twin, Joshua, was born with severe birth defects, including neurological and developmental disabilities, according to the attorney.
Joshua is now nine years old. The family's attorney said he still is seeing the effects of CMV with cognitive, hearing and motor defects.
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The attorney went on to say that Joshua can't eat normally, communicate, use the bathroom or attend to any of his basic personal needs on his own. He needs a feeding tube and suffers from seizures, epilepsy, autism and cerebral palsy, the attorney states.
In their decision, the supreme court said, "Joshua is an innocent victim, without blame for his many afflictions and disabilities, who will suffer every day for the rest of his life from serious physical and 'ruinous neurological maladies,' and require constant medical care and treatment."
The case was tried in the Superior Court of Hartford from Nov. 3 to Dec. 18 of 2020. The judge ruled in favor of the Monroe-Lynch family in June of 2021.
UConn appealed the judge's decision, arguing this was not a medical malpractice case, but a "wrongful life" case. This is a legal theory where medical professional can be held liable for failing to prevent births despite signs of a severe disability before birth.
They argued the trial verdict should be thrown out as the state has never ruled on this type of case.
You can see the full decision below.
A UConn spokesperson issued the following statement about Tuesday's decision:
"While UConn Health respectfully disagrees with the Connecticut Supreme Court’s decision, our hearts forever go out to this family for experiencing the pain and loss from this tragic situation."
