Secily Maldonado and John Anthony Carcanaques brought claims after learning that genetic testing and counseling they relied on before starting a family had produced inaccurate results. Maldonado had a known family history of Duchenne muscular dystrophy (DMD) and sought genetic counseling to understand the risks of passing the condition to a child. Based on testing and counseling she received, she was told she was not a carrier of the DMD gene.
Relying on that information, the couple proceeded with family planning and later had twins. Years later, one child was diagnosed with DMD, and the other was identified as a carrier. Subsequent testing revealed that Maldonado was, in fact, a carrier of the gene, raising concerns that earlier genetic testing and counseling had been inaccurate.
The parents alleged that errors in genetic testing and follow-up counseling deprived them of accurate information that would have affected their reproductive decisions and led to significant medical and care-related expenses.
The trial court dismissed the claims at an early stage, relying on a Colorado statute that limits liability for injuries arising from genetic counseling and screening. The court concluded that the statute barred the parents’ claims because the genetic condition itself could not have been prevented, even if the medical professionals had acted appropriately.
The parents appealed, arguing that the statute contains an exception allowing claims when damages could have been avoided if ordinary medical care had been provided. They maintained that accurate genetic information would have allowed them to avoid the circumstances that led to their children’s medical needs.
The Colorado Court of Appeals examined the language and history of the statute and concluded that the trial court’s reading was too narrow. The court explained that the law distinguishes between a genetic condition itself and the damages that result from negligent medical care.
According to the court, the statute does not bar claims simply because a genetic disorder cannot be cured. Instead, it allows claims to proceed when medical negligence causes preventable financial or medical harm. In this case, that meant the parents’ claimed damages, such as extraordinary medical and care expenses, were legally distinct from the existence of the genetic condition.
The court also relied on prior Colorado case law recognizing that parents may seek damages when negligent medical advice leads to foreseeable and avoidable costs, even in cases involving hereditary conditions.
The court reinstated the parents’ medical negligence claims, concluding that they had adequately alleged that inaccurate genetic testing and counseling caused compensable harm. The court emphasized that these claims were sufficient to move forward beyond the dismissal stage.
However, the court agreed with the dismissal of claims brought on behalf of the children themselves. Under existing Colorado law, children cannot recover damages based on the theory that they should not have been born, even when medical negligence is alleged.
The case was sent back to the trial court for further proceedings on the parents’ claims.
If you’ve been harmed by medical errors or negligent healthcare, Whitcomb Selinsky PC handles medical malpractice matters involving professional negligence and patient harm. You can request a consultation to learn how our team may be able to assist with your situation.