G.M.

BACKGROUND

A. G.M.’s Gestation and Birth On May 26, 2016, Mayra Soto, G.M.’s mother, visited Dr. Fred Adams for a routine gynecologic visit. Soto reported she was 14 weeks pregnant. Soto returned to see Dr. Adams on June 24, 2016. Dr. Adams’s examination findings were all within normal limits. G.M. was born in November 2016. An initial examination showed a dark vesicular lesion on her lower sacral area that was initially diagnosed as a capillary hemangioma, but ultimately diagnosed as an intrathecal lipoma with a spinal dysraphism (anomaly) consistent with a lipomyelomeningocele, a “closed” neural tube defect. The lesion was removed on October 12, 2017. B. Litigation On December 30, 2019, G.M., by her guardian ad litem Jose Maya, filed a complaint against several defendants, including Dr. 1 Adams and Jazmin Cruz, his medical assistant. After substantial law and motion practice, the first amended complaint is operative.

1 On the day before oral argument G.M. moved to dismiss her appeal as to Cruz. We grant the motion.

2 In it, G.M. states one cause of action for professional negligence–negligence per se, alleging that Adams “failed to properly screen (offer AFP testing…