On March 11, 2019 the Honourable Mr. Justice W.N. Renke released his decision in DD v Wong Estate, 2019 ABQB 171. Weir Bowen lawyers Joseph Miller Q.C., Shelagh McGregor, and Ian Miller represented the Plaintiff LL, a growth-restricted infant who was born with a catastrophic brain injury. Damages were agreed upon prior to trial and the only issue in front of Justice Renke was liability. The Plaintiffs successfully established that both Defendant obstetricians breached the standard of care in several respects and that those breaches caused LL’s injuries.
The Plaintiffs argued that the Defendant obstetricians, Dr. Phiri and Dr. Wong, failed to meet the standard of care and comply with the doctrine of informed consent when attending upon LL’s mother, DD, throughout her pregnancy. They argued further that if LL had been delivered at the appropriate time, her injuries would have been avoided.
Justice Renke found that the Defendant obstetricians had a suspicion of Intrauterine Growth Restriction (IUGR), a condition which put the unborn infant at risk for serious complications. An ultrasound performed on February 10, 2003 failed to confirm or rule out IUGR. The infant was born on March 8, 2003 and suffered a hypoxic-ischemic brain injury.
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