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Parents Awarded $2.9M in 'Wrongful Birth' Suit

Parents Awarded $2.9M in 'Wrongful Birth' Suit

Parents Awarded $2.9M in 'Wrongful Birth' Suit

Did you go through any genetic testing when you were pregnant?

Deborah Levy of Portland, OR did, and all tests indicated that her baby was healthy. But when her daughter was born four years ago, she had Down syndrome.

Levy and her partner have just been awarded a $2.9M settlement from the hospital responsible for the testing, the estimated lifetime cost of caring for someone with Down syndrome. The Levys claimed that the hospital was negligent; had their child's special needs been accurately assessed, they would have terminated the pregnancy due to the extreme cost of care.

The family's lawyer told ABC News that, “These are parents who love this little girl very, very much. Their mission since the beginning was to provide for her and that’s what this is all about.”

Read more at abcnews.go.com


Image Source: via abcnews.go.com

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EllieJones3931 EllieJones3931 3 years
I would do anything in this world to be able to hold & take care of my sweet, sick baby boy! No matter how much it cost me to care for him. Unfortunately I didn't get to make that choice. My baby was already in God's hands when he was born at 39 weeks. This year we will be celebrating his 9th birthday.
GinaLeach GinaLeach 3 years
Regardless if she had problems or not. You don't abort just cause a test shows she might be down. Thats horrible to say. Its like I only want a healthy kid..if one is sick I dont' want her. Makes you wonder if they even truly love her since she has problems. And not all down syndrome kids have problems. I have been around many that interact and play just like a regular kid. just look different...
MartieDodd MartieDodd 3 years
Tests are wrong all the time. If you decided it was too much, you could hve given her up. There was nothing saying you have to keep her once she was born, and if you genuinely love someone, you look past what may be wrong with them. Especially if it is something they can't change. I refused the tests when offered because I didn't want to know ahead of time if something like this would be wrong. They were all my babies and I loved them reguardless. Ultrasounds said they were fine, but I also know those aren't 100%. When you get pregnant, you make a choice to have a child, not to have a perfect child. And as for those tests. I currently have a little one dealing with rsv, who was tested just days before being hospitalized, and the test said he wasn't sick. ALL tests can be wrong.
rebeccabrown24327 rebeccabrown24327 3 years
I think people rely too much on science and doctors to tell you if ababy is expected to be healthy or not. All tests are not 100% accurate. Life happens and people need to accept it good or bad.
ChanteAlbright ChanteAlbright 3 years
What a crock! they would have aborted her because she wasn't "perfect", the cost of healthcare had nothing to do with that decision. These people are very vain & it saddens me! I sincerely hope that their daughters life is bettered by this settlement
AndreaSirianni AndreaSirianni 3 years
It makes me SICK that our legal system is rewarding people for a test that NEVER states it's 100% accurate, there is ALWAYS risk with ANY pregnancy, you don't have a child on condition that it will be perfect, how dare their lawyer say the love her very much when they state they would've killed her had they known? Who says things like that? Down's is a challenge but there are worse things, deformities and illnesses where a child suffers and dies early on. This child can be happy and have a full life. These people disgust me and the fact that they're now RICH makes me even angrier! Now they will effect how hospitals/doctors approach testing and everyone else will have to pay for it!
DonnaDawson27181 DonnaDawson27181 3 years
These people disgust me. If they weren't ready for a child with special needs,I understand that. Then she shouldn't have gotten pregnant in the first place. It's a risk any woman faces when she gets pregnant. To say that they would have killed their child if she wasn't perfect is just awful.
ChristinaTroy ChristinaTroy 3 years
This is an awfully sad reality that we live in. Where you can sue because your child isn't quite "good" enough, or "perfect" enough. My older brother was born with brain damage, and he is the best person I know. He just turned 30, and is still one of the most loving and amazing people, he has changed many people throughout his life just because they had the privilage to know him!! When my parents got pregnant after me, they were told the baby was likely to be born with spina bifida, and though it was scary and terrible news, they never thought of terminating the pregnancy..and a few months later my baby brother was born completely heatlhy! Medicine is not perfect and they will make mistakes, but NO child is a MISTAKE, they are an amazing blessing from God above.
BrandyWhitfield BrandyWhitfield 3 years
There is a HUGE difference between being "an accident" and for parents to flat out say they would have killed their child before she was born had they known how she was going to turn out. That isn't even a comparison. These people are disgusting. They are definitely just looking for money, and have sunk to a pathetic level to get it. They don't deserve the gift they were given by God and should have placed the little girl for adoption so that she could have had the opportunity to have a family who loves her for who she is.
KellyPeifer KellyPeifer 3 years
Some of us are angry for many reasons. What about those of us who would do anything to just be able to have a baby? I was willing to accept whatever Gad gave me. He gave me an angel and I was 100 % ok with that. I carried him,knowing he has going to pass away (because of the quad testing) and held him for 10 days, the best thing that ever happened to me. So if anyone feels my comment was even slightly hurtful, go hug your kids and be grateful. I can't do that. If you aren't willing to have a "special" child don't take the chance and refrain from sex!
MichelleHalliday MichelleHalliday 3 years
People go through testing because they want to make informed choices. Not everyone is ready or willing to care for a special needs child. If they were responsible enough to do the tests, then people need to back off on the judgements. It's not easy to say you don't think you could do it, when obviously many families do, so take that into account from your perch on the edge of perfection. You don't know what their situation was, what their history involved, so just be glad it wasn't you. As for the child finding out "they didn't want her" - how many non-needs kids were "accidents" and are told so by their parents? It doesn't mean they don't love her, it means the life choices they made were totally screwed by inaccurate tests.
AnnAbrahamson AnnAbrahamson 3 years
How awful to sue because you didn't the genetic test didn't tell you, your child wasn't perfect. I think this is terrible. Many things could have happened to your child other than down's and you would still have a disabled child. Who pays for the children that the parents willingly bring into the world who know that their child is downs???? I think they shouldn't have gotten a dime it isn't like this test led to her death or even hurt her in any way, she is down's because that is how she and her partner made her.
GinaNicdao GinaNicdao 3 years
Clearly they just want money!
GinaNicdao GinaNicdao 3 years
Clearly they just want money.
HopeHamlin HopeHamlin 3 years
This couple makes me sick. If the baby has special needs we can just kill it/abort it. Now this little girl is going to know just how much her parents love her = if they knew ahead of time they would have aborted her. I think the doctors should have sued the "parents".
HeatherSavery HeatherSavery 3 years
Huh. I see several moms on here upset over the people who are upset. I think people have a right to feel & post what they feel if they choose without being insulted. Are we all grown ups here or not? That having been said, there are 2 main views. They had a child with an issue that is financially too great for them & so their suit is justified. & the other view is basically "how can they be so contradictory? We love her so very much but would have opted out had we known". I think if you accept the 1st view, the question is "where do we draw the line?". I have a child with severe milk protein allergy, celiac disease, & ADHD (like his mom hehe). Now, gluten free is insanely expensive, I am a single parent in school with no job until I graduate next year. Should I sue too? I could really use the money. I would never ever have even considered terminating my pregnancy but I could easily say that I would have if it means some cash. I mean, the doctors should have told me that because I have ADHD my son could have it also. Also, why didn't they test me when I was pregnant to determine if I had celiac? My brother's while family does & it's genetic. In fact, my bones are built wrong for delivery & after 3 DAYS of labor I had an emergency c-section, maybe I should sue since they let me be in active labor so long that my son's heart rate dropped to 22 due to the extreme stress we were both under for 3 days? Oh, but wait, I was born with ADHD & celiac also. Maybe my mon can sue the government since I was born at a military hospital! & all those people I've known who had tests say the baby WAS down syndrome & then the baby was born normal & healthy, maybe they should sue for undue stress during the last months I their pregnancy. Or maybe my cousin who was told she was having a girl & ended up with a boy should sue for all the time she had to spend returning lil girl stuff that her baby boy wasn't going to wear/use. Medicine is a practice not a perfection. There is never a guarantee for anything. The hospital did not CAUSE the down syndrome, the test failed to catch it. If negligence CAUSES an issue such as a baby I had in my practice whose skull was crushed by forceps at delivery, leaving her brain dead (all autonomic responses functioned including growth physically, but she never cried learned to sit/crawl/walk, never responded to voice or touch), THEN a lawsuit is in order, but not because a test (given to be in error on occasion) failed to find the issue. One last thing, I DO agree with all the posts re: contradiction. If you love her so much why would you file a "wrongful birth" suit? If you loved her once you saw her but knew you couldn't afford her, an open adoption was in order. I'm only hopeful that she will never be able to fully understand where the $ came from & why. Oh, and one last thing, why is it so much more expensive to raise a child with downs? I'm not being sarcastic here, is there something I'm not understanding? The 2 people I knew who had downs went to regular schools in special ed & when thy were grown, 1 moved into her mom's basement so she could have her "own house" & one moved into an apt & the mother made triweekly checks on her kiddo. Both got jobs & "supported" (mostly) themselves. All kids come with cost. My parents are currently letting me live in the guest house (a converted garage behind their house) while I go to school & while I mostly buy our own food & stuff that we need, when it gets too tight thy help me out. I am 34 & do not have downs & am still costing them $.
ShariCarter ShariCarter 3 years
This is a clear example why malpractice insurance is so high. A physician can only read the results as they show. If the test results or ultrasound did not show the evidence of a "defect" then there is no malpractice. There is no 100% guarantee in medicine. I think bringing a lawsuit in this case was greedy and anger-driven.
CoMMember13609965923664 CoMMember13609965923664 3 years
What a bunch of angry posts. If the doctors or hospital had withheld information because they knew the parents were likely to have an abortion if the tests were positive for down syndrome or spina bifida, then the hospital/doctors should be liable, and the parents deserved every cent to take care of their child. I too would not carry through with a pregnancy with the knowledge that my child would be born with either of these conditions...that is my husband and my decision ONLY! Good for these parents!
erinzegarra erinzegarra 3 years
Its so sad that these people cant appreciate they gift they were given. Every child is a gift and it is so sad that their statement is in print forever.... I only hope the little girl doesn't find out her parent intentions....
JenniferRinguette JenniferRinguette 3 years
Seriously!?!?!! They love their child very, very much, but they would have terminated her life had they known they would have to pay more for her cost of living? How much love could that possibly be? I am appalled that those two statements are in the same conversation....they couldn't be more contradicting. They were given the gift of a life, but only if it was a healthy one..how sad!
LOISCARR5630 LOISCARR5630 3 years
People like theses parents should never have children
MistyDeFabrizio MistyDeFabrizio 3 years
People will say and do anything for money. I say people like this just shouldn't try to have kids at all. Because there are risks involved, tests or no tests, it's a gamble. NO ONE is guaranteed a 100% healthy baby. We all have anxieties about whether or not our children will be born with something wrong or not. So they got a wrong test, it happens, and because this happens they should not have been banking on these test's as to whether or not they were going to keep the baby. I'm sure also they had to have been made aware as to the accuracy of the test. There's no way I would have sued for this error. Yeah it may be expensive to raise a child with special needs, but it's expensive to raise a child period. Life is full of unforeseen troubles, we take risks everyday. But having children, special needs or not, is worth the risk to most and if it's not to some, well they just shouldn't even try to become parents. Have kids out of love not out of profit. And what about those parents with special needs kids? Who's compensating them? And do they wish they had never had that child? Probably not. I'm sure they love their child no matter what the out come is, because that child is special and awesome in their own way and perfect in the eyes of their parents. It shouldn't be, "Oh we love our special needs kid now that we won millions to provide for her." And "Oh hey how do you like my awesome new Mercedes to get her back and forth to the doctor in?" Hahaha,I really hope that won't be the case, but I'm probably not too far from the truth of what is going to happen with all that money. That poor baby girl with parents like that. Oh, what a system we live in. Let's just sue everybody for every mistake ever made and make money off our own misfortune and keep the world a terrible place to be living in.
StephanieJungemann StephanieJungemann 3 years
How unfortunate- would these same parents have sued if they had teminated the pregnancy and nothing was wrong? None of these tests are 100% accurate-my daughter is living proof. After the anguish my husband and I went through after the screening tests, which told us that she could have an incredibly fatal defect, she was born healthy and happy. We are glad that the decision to terminate never was an option for us. I sure didn't think to sue for the anguish for the false results...I just wish people could accept the limits of technology, instead of looking for someone to blame when things go "wrong." Hopefully their child never learns her parents would have ended her life if they would have known who she would be...because, IMO, no amount of professed love can heal the wounds of a child who knows they were unwanted...
MarandaCates57272 MarandaCates57272 3 years
You have to be kidding me?! These people don't deserve any money and they definitely don't deserve that precious little girl! If it's so expensive then why not adopt her to a family that would do anything to care for their own child? This is highly infuriating!
KimmySchroeder KimmySchroeder 3 years
I feel like reading a bunch of angry, mean, and judgemental mom posts. Oh wait...
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