Summit County (Ohio) Circuit Court
Due to a missed period, a woman presented to her Ob/Gyn, who conducted an ultrasound. He diagnosed a blighted ovum and ordered no further tests. Per his recommendation, the woman underwent a D&C procedure.
Two weeks later, the woman delivered a deceased 3-inch fetus. A second D&C was required to remove the remaining products of conception. The plaintiffs sued, alleging emotional distress. The physician did not deny negligence, but questioned the level of distress the incident caused.
- The jury awarded the plaintiffs $220,000.