Why This Woman Sued Her Doctor After Getting Pregnant
While you are likely over-the-moon ecstatic to be pregnant, Cynthia Williams of Illinois was not. She and her husband both carry the trait for sickle cell—which causes pain, infections and eventually life-threatening organ damage—so after having three kids, one with sickle cell anemia, Cynthia decided she wanted to get her tubes tied, a permanent birth control operation. Six months after undergoing the procedure, Cynthia found out she was pregnant.
Instead of calling all of her friends to tell them the good news, Cynthia admits to ABCnews.com, “I was livid! I just lost it.” Cynthia’s worst nightmare came to fruition: she gave birth to a baby girl with sickle cell disease, Kennadi, now four. The same year Kennadi was born, Cynthia filed a lawsuit against Dr. Byron Rosner of Reproductive Health Associates in Hazel Crest for “wrongful pregnancy” in hopes of getting money to cover the “extraordinary” medical expenses of raising a child with sickle cell disease as well as personal injury to her, emotional distress, and for lost wages.
A small percentage of women do become pregnant after having tubal ligation (2 to 10 out of every 1,000 procedures), but since Cynthia only had one ovary, the doctor only tied one fallopian tube, and Cynthia believes her doctor tied the wrong one, causing her to still have the ability to get pregnant. It seems she was right. According to medical records obtained by ABC, Dr. Rosner ‘tied,’ ‘excised’ and ‘cauterized’ Williams’ right fallopian tube. However, her right ovary had been removed at age 12 due to a cyst. So he should have been tying the left one.
To make matters worse, Cynthia also suffered from congestive heart failure following the pregnancy she never wanted in the first place. Due to the congestive heart failure, Cynthia was in intensive care for two weeks after her C-section with Kennadi and wasn’t able to work for nine months—that’s why she’s also suing for lost wages.
Though Kennadi is now the love of her life, Cynthia says that raising Kennadi and knowing all the pain she will be suffering is very difficult. So she was delighted to hear that after years in court limbo, an appellate court has finally ruled that her case could go forward despite a move to dismiss it by Dr. Rosner’s attorneys.
TELL US: Do you think Cynthia has the right to sue her doctor?
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