A Gordon Rees Scully Mansukhani Portland team led by Partner Greg Lockwood, including Partner Diane Lenkowsky, Associate Josh Masser, Paralegal Cory Alexander, secured a significant victory in a genetic testing case ten days before trial.
The plaintiffs, a family, sued GRSM’s client, a genetic testing company, for wrongful birth and wrongful life, seeking more than $150 million in damages. The suit stemmed from the plaintiffs’ claim that their child’s gene variant had been misclassified before birth. Prior to the child’s birth, the mother had tested positive for a gene variant of the ABCD1 gene, which was initially classified as a variant of uncertain significance and not reported, consistent with the international guidelines on gene variant classification.
After the child’s birth, testing revealed the child had X-ALD, a rare disorder with a broad spectrum of potential symptoms. The child was also discovered to have the same ABCD1 variant. The genetic testing company reclassified the gene variant as “likely pathogenic” after the child’s positive test for X-ALD, which provided the critical evidence for this reclassification.
With the help of two expert geneticists, the team demonstrated that the client had followed the standard of care and that the plaintiffs’ damages theories were unsubstantiated. The trial court granted summary judgment in GRSM’s client’s favor, dismissing all claims with prejudice. Although the plaintiffs immediately appealed, the team is prepared to defend its position on appeal.
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