A judge has dismissed a lawsuit from a woman who claimed that slipping on a manhole cover led her to give birth to a child with autism.

Back in 2009, Lauren Melnick said that she slipped and fell on a manhole cover before going into premature labor. Melnick’s daughter was later diagnosed with autism and the Staten Island, N.Y. woman sued utility provider Consolidated Edison alleging that her child’s developmental disability resulted from the incident.

Now a judge has thrown out the claim, however, indicating that there is insufficient medical proof to link Melnick’s fall and the subsequent premature birth to her daughter developing autism.

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Melnick’s lawyer indicated she may appeal the decision telling the Staten Island Advance, “we continue to believe common sense and science would lead one to the conclusion that the traumatic events surrounding this girl’s birth contributed to her developmental delays.” To read more click here.