North Carolina residents may be interested in the case of a woman who is suing her doctor after a tubal ligation failed to prevent her from getting pregnant. Her baby was born with sickle cell disease, which was something that the woman knew was possible and that led to her decision to have a tubal ligation.
The woman developed an ovarian cyst and lost one ovary at the age of 12. At that time she also learned that she carried the sickle cell trait. After getting married she had three children; the second one had sickle cell disease. At that time it was learned that her husband also carried the sickle cell trait, so the couple decided not to have any more children. The woman started taking birth control pills, but high blood pressure was a concern, so she opted for having her tubes tied.
Six months after the procedure was performed, the woman was again pregnant. This child was born with sickle cell disease. Because of her missing ovary, the tubal ligation was only needed on one Fallopian tube. Medical records indicated that doctor error may have led to the wrong tube being tied. The parents are now suing the doctor who performed the tubal ligation for wrongful pregnancy.
This case was filed in Illinois, and it is the first of its kind in that state. The attorney for the defense attempted to get the case dismissed because Illinois does not allow parents to sue for the birth of a child born with birth defects after a failed sterilization procedure. In this case, there may be a question of doctor or hospital error with regards to the Fallopian tube that the procedure was performed on. An appellate court ruled that the case can go on.
Source: ABC News, "Mom Sues for Wrongful Pregnancy After Failed Sterilization", Katie Moisse, March 18, 2014