An Indiana woman who claims she became pregnant -- after her doctor performed surgery to guarantee she wouldn't -- has won an important victory in court.
4-year-old Kennadi Williams suffers from sickle cell disease. Her blood cells don't easily flow through her body. She faces a lifetime of pain, and frequent medical crises. Her parents knew they were sickle cell carriers, so Cynthia Williams asked a south suburban doctor, Bryon Rosner, to perform a tubal ligation so wouldn't have any more children.
"He has a 100 percent non-error rate, and I quote that, that's what he said to me," William says.
But six months after the surgery, Williams started showing signs of pregnancy. And she was.
"I was absolutely horrified," she explains. "Because I'm thinking, Oh my God! There's no way I could be pregnant."
In this lawsuit, Williams claims she had lost her right ovary at age 12, so Dr. Rosner merely had to perform a tubal ligation on the left side -- but somehow failed. The malpractice claim has yet to be tried, but an appellate court recently ruled that if Dr. Rosner was negligent, he should pay to treat any sickle cell complications until Kennadi turns 18. This is the first such ruling in Illinois.
"The appellate court agreed that when a physician performs a negligent procedure, knowing that there's a possibility that the parents could have a child with a medical condition, then he should be responsible for those expenses that come along with that illness," Williams' attorney Beverly Spearman says.
Dr. Rosner's attorney, Todd Stalmack, told FOX 32 that the doctor "complied with the standard of care" but declined to discuss a pending case.
Cynthia Williams regrets she got pregnant, but loves her daughter.
"There is a duality, because I love her, but I hate the life that she's going to experience," says Williams.
Dr. Rosner's attorneys are asking the appellate court to reconsider its ruling. If the decision stands, the next step would be an appeal to the Illinois Supreme Court.
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