" Wrongful Birth "

[skyblue1]

Parents awarded $2.9M in ‘wrongful birth’ lawsuit over daughter born with Down syndrome
Couple sued for the money to take care of their child's condition


A Portland, Ore. couple was awarded $2.9 million on Friday for the care of their Down syndrome baby, who they argue would not have been born if doctors had not been "negligent” in their pre-natal care.

Ariel and Deborah Levy won their "wrongful birth" suit against Legacy Health System, arguing they chose to continue their pregnancy based on what doctors told them, according to ABC News, and would have terminated it if they had not been assured their baby did not have the genetic condition.

Jurors found five instances of Legacy Health's negligence, including a doctor's finding that the baby had a normal chromosomal profile based on a test that was performed and analyzed incorrectly.

Thirteen weeks into Deborah Levy's pregnancy, according to The Oregonian, her doctor tested a sample of tissue and concluded the baby did not have any chromosomal problems. Even though later tests suggested it might have Down syndrome, doctors assured the family that nothing was wrong.

A week after the baby was born, the Levys discovered their baby did in fact have Down syndrome. The doctor had taken a sample of the wrong kind of tissue, according to the lawsuit - a mistake that was never caught.

They also argued the doctors were "negligent in their performance, analysis and reporting" of their daughter's test results after she was born.

The child is now four years old.

"It's been difficult for them," the family's lawyer David K. Miller told KATU-TV. "There's been a lot of misinformation out there.

“These are parents who love this little girl very, very much,” Miller said. “Their mission since the beginning was to provide for her and that’s what this is all about.”

The Levy family originally sued for $7 million to cover the costs of care for their daughter over her lifetime.

While the parents chose not to comment after the verdict, the health care company hit back at the decision in a statement.

“While Legacy Health has great respect for the judicial process, we are disappointed in today’s verdict," the statement read. "The legal team from Legacy Health will be reviewing the record and considering available options."



Read more: http://www.nydailynews.com/life-style/he...z1ovUEPPWF


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[earthboundmisfit]

This sets an important precedent, as it is in line with Autism Speak's agenda.

[skyblue1]

This sets an important precedent, as it is in line with Autism Speak's agenda.

In what way? Thanks

[earthboundmisfit]

Prenatal testing and aborting children with "undesirable" genetic traits.

[skyblue1]

yeah, the aborting part is abhorrent

[midlifeaspie]

I love how Babies R Us and Toys R Us asks me for a donation for Autism Speaks every time I go in there now.  I usually go off on a rant about what a poor job their company does in choosing charities.

[MutieTom]

At first I thought how evil, but If they hate disabled children maybe the child was better off not being born to them.  Maybe its soul will reincarnate to a kind family.

[Al Swearegen]

Parents awarded $2.9M in ‘wrongful birth’ lawsuit over daughter born with Down syndrome
Couple sued for the money to take care of their child's condition


A Portland, Ore. couple was awarded $2.9 million on Friday for the care of their Down syndrome baby, who they argue would not have been born if doctors had not been "negligent” in their pre-natal care.

Ariel and Deborah Levy won their "wrongful birth" suit against Legacy Health System, arguing they chose to continue their pregnancy based on what doctors told them, according to ABC News, and would have terminated it if they had not been assured their baby did not have the genetic condition.

Jurors found five instances of Legacy Health's negligence, including a doctor's finding that the baby had a normal chromosomal profile based on a test that was performed and analyzed incorrectly.

Thirteen weeks into Deborah Levy's pregnancy, according to The Oregonian, her doctor tested a sample of tissue and concluded the baby did not have any chromosomal problems. Even though later tests suggested it might have Down syndrome, doctors assured the family that nothing was wrong.

A week after the baby was born, the Levys discovered their baby did in fact have Down syndrome. The doctor had taken a sample of the wrong kind of tissue, according to the lawsuit - a mistake that was never caught.

They also argued the doctors were "negligent in their performance, analysis and reporting" of their daughter's test results after she was born.

The child is now four years old.

"It's been difficult for them," the family's lawyer David K. Miller told KATU-TV. "There's been a lot of misinformation out there.

“These are parents who love this little girl very, very much,” Miller said. “Their mission since the beginning was to provide for her and that’s what this is all about.”

The Levy family originally sued for $7 million to cover the costs of care for their daughter over her lifetime.

While the parents chose not to comment after the verdict, the health care company hit back at the decision in a statement.

“While Legacy Health has great respect for the judicial process, we are disappointed in today’s verdict," the statement read. "The legal team from Legacy Health will be reviewing the record and considering available options."



Read more: http://www.nydailynews.com/life-style/he...z1ovUEPPWF


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Isn't that a lovely bit of information to share with your kid when they are older?
"We love you very much honey, but we would have aborted you if we knew you had Down's Syndrome. We do love you though, make no mistake and we are happy you are in our lives."

[bodie]

I recall being asked to take that test.  It involves sticking a needle extremely close to the foetus if i remember correctly.  I asked if there was a risk of causing harm to the unborn child and they said Yes.

I objected on those grounds and did not have the tests.  Seems a bit stupid to perform a test to see if your baby has abnormalities when the test itself could cause that anyway.

Not really sure if i know enough  about Downs to understand why they have been awarded the money.

My personal opinion is if you want a child, then you have one with an understanding that not all kids are perfect, and you should be prepared to love and care for it whatever 'variety' it is.

[P7PSP]

My oldest niece has an uncle on the other side of her family with Down Syndrome. His parents somehow  managed to raise him without a 7 million $ settlement. Arnold did require more care early on but he has been less hassle for the family than those of us who spent our teens and twenties drinking, using drugs and raising hell. He has done a much better job of staying employed than 2 of his 3 brothers.

I hope the girl never finds out about this lawsuit. Mentally retarded does not mean they don't understand how they fit in the family. They generally understand such things just fine.

[Callaway]

My oldest niece has an uncle on the other side of her family with Down Syndrome. His parents somehow  managed to raise him without a 7 million $ settlement. Arnold did require more care early on but he has been less hassle for the family than those of us who spent our teens and twenties drinking, using drugs and raising hell. He has done a much better job of staying employed than 2 of his 3 brothers.

I hope the girl never finds out about this lawsuit. Mentally retarded does not mean they don't understand how they fit in the family. They generally understand such things just fine.

There are different degrees of disability with Down Syndrome.  My daughter went to preschool with a little girl with Down Syndrome who could not walk yet and the physical therapist spent two or three years teaching her how to.  This was on top of the physical therapy she had before she started preschool.  She can walk now if someone holds her hand, but not for long distances, so her parents bring a wheelchair for her so she can go on outings with them, like to a museum.  I don't think she has been able to learn to talk yet.  I know her parents still hope for the best for her, but to be realistic, she's disabled enough that she is never going to have a job and she will need around the clock care for the rest of her life.

I think that sometimes when a parent has a child with a severe disability, they mourn for the child they envisioned having instead.  I wonder if the reason why these parents brought this lawsuit was so they will have enough money to care for their daughter no matter what the future holds for her.

[MutieTom]

When you put it that way, I think, maybe its possible to be a good parent to normal but not able to cope with a disabled child.  I mean its a big out of the ordinary challenge. 

[Queen Victoria]

@ Callaway - Quite a number of DS individuals later on develop certain types of cancer and may have Alzheimer like deficits in middle age.  Also, DS individuals quite often have heart defects.

When the PR was in special education, 3 and 4 y/o program, there was a boy that the staff worked with extensively.  Sometime during the second year they finally managed to teach him to roll over.  I saw him a few years later and there was no noticeable improvement.  I do believe the mom was using the school as a baby sitter so she wouldn't look bad (sent him to a state school/institution.)  (Reason I say that was because the bus driver had come in and said that she was tired of him not being adequately buckled in his wheelchair.)

@ Sir Les - I can tell you that having my mom say that she asked her mother for money so she could abort me was a shock and hurt me deeply.  I was told out of the blue when I was in my late 20s.  I'm ever thankful to Grandma Teenie for saying no.  But it does explain some of my upbringing.

[Al Swearegen]

@ Callaway - Quite a number of DS individuals later on develop certain types of cancer and may have Alzheimer like deficits in middle age.  Also, DS individuals quite often have heart defects.

When the PR was in special education, 3 and 4 y/o program, there was a boy that the staff worked with extensively.  Sometime during the second year they finally managed to teach him to roll over.  I saw him a few years later and there was no noticeable improvement.  I do believe the mom was using the school as a baby sitter so she wouldn't look bad (sent him to a state school/institution.)  (Reason I say that was because the bus driver had come in and said that she was tired of him not being adequately buckled in his wheelchair.)

@ Sir Les - I can tell you that having my mom say that she asked her mother for money so she could abort me was a shock and hurt me deeply.  I was told out of the blue when I was in my late 20s.  I'm ever thankful to Grandma Teenie for saying no.  But it does explain some of my upbringing.

My Mother was not happy to be expecting. My father was.
My Mopther was the only love of his life. Not so for her at that time.
He wanted to be a Dad. She did not want to be a Mother.