“Having a baby after a sterilization procedure is something that happens,” said Williams’ attorney, Beverly Spearman, who initially rejected the case but reconsidered when she learned that one of Williams’ ovaries was missing. “When I found out more about the whole story, I said, ‘OK, let’s move forward. Let’s see where this goes.'"
Spearman soon discovered that the wrongful pregnancy suit, filed in November 2010, was the first of its kind in Illinois. Rosner’s attorney moved to dismiss the suit, arguing that Illinois law does not allow parents to recover costs associated with raising a child born with a genetic defect after an unsuccessful sterilization procedure. But an appellate court ruled February 26, 2014, that the case could move forward.
Rosner’s attorney, Todd Stalmack, said that he and his client are analyzing their options.
“We respectfully disagree with [the appellate court’s] decision,” Stalmack told ABCNews.com, raising the possibility of an appeal to the Supreme Court of Illinois.
Rosner maintains that he “complied with the standard of care” in performing Williams’ tubal ligation, according to Stalmack.
Williams, now 44, said she’s “tired all the time” raising her rambunctious and medically-needy 4-year-old.
“Everybody’s had to pitch in,” said Williams, whose other children are 25, 21 and 17. “It’s been hard to wrap my mind around having this child when my other children are grown.”
“It’s not fair,” she added. “She is the absolute love of my life, but it’s hard. Sometimes people think I’m her grandmother.”