Author Topic: Parents awarded $2.9M in ‘wrongful birth’ lawsuit over daughter born with Down s  (Read 4032 times)

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Offline Freeper

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fried eggs
 
Parents awarded $2.9M in ‘wrongful birth’ lawsuit over daughter born with Down syndrome

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.



Read more: http://www.nydailynews.com/life-style/health/parents-awarded-2-9m-wrongful-birth-lawsuit-daughter-born-syndrome-article-1.1037159#ixzz1pyambtxJ

This is interesting. What do you think?


http://www.democraticunderground.com/1002462109

Geez, poor kid will grow up knowing that mom and dad wanted to abort her.

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Offline Revolution

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Disgusting.

She was born with Downs. Doesn't mean you get money you greedy pricks. It means you have to deal with LIFE! I was born with hydrocephalus. Did my parents get money? No. They got a ration of shit from a doctor telling them they're better off putting me in a home cause I'd never walk, talk, write, or do anything at all. See me here doing shit? What if she overcomes it? Her parents never thought of that, did they? No, they just saw damn dollar signs in their eyes.

Pathetic!

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Offline BEG

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I read about this lawsuit before it had come down to a decision. It is discussing in my opinion.

Offline BattleHymn

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See me here doing shit?

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Offline Vagabond

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I was born very underweight, with cholic, had trouble breathing and eating, and asthmatic right from the start.  My parents were told I would never be able to run, and wouldn't be very athletic at best.  I have 4 team MVPs playing football and was one of the fastest runners in the county for two years.  I served in the Army, I forgot to mention I had asthma because I wanted to serve, and no one ever knew.

I've seen down syndrome's kids that light up the lives of everyone around them.  They shouldn't have been rewarded just because their daughter survived the butchery they intended if she wasn't just what they wanted.
There comes a time when even good men must run up the black flag of anarchy and slit throats. - H.L. Mencken

Offline jtyangel

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Ok, even if the doctor was negligent in some way in how he analyzed the results, why would they win anything when adoption was still a viable option at the birth? That's what I don't get--they still had means to alleviate their responsibility for the raising of the child so why not take that? Me thinks someone wants the $ now attached to the child and found the child a useful vehicle to that end.

Offline DLR Pyro

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Sick and disgusting parents who feel entitled to a perfect baby or a big payout if the child is flawed.
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Offline GOP Congress

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I wonder how much Sarah Palin got in HER lawsuit over Trig.

Yeah, thought so...
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Offline catsmtrods

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Wait my son was born with club feet. I need a lawyer!

Dirty filthy scum of the earth lawyer like they had!
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Offline NHSparky

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And the DUmmies don't see the need for tort reform.

Memo to the parents--I sympathize with the hardships you will endure, the extra costs you will incur having to care for a child well into your later years.

That being said, you have no idea of the love, the PURE LOVE, that someone afflicted with Downs shows.  That can and will overcome any difficulties you may face in raising this child, and you'll eventually see the error of your judgment regarding this child.  If it doesn't, might I suggest you go play in traffic?

Oh, and as a final thought--what would you have done 20-30 years ago before these tests were available?
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Offline miskie

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Sounds to me like liberals appreciate the science of eugenics. Why am I not surprised ?

Offline BEG

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I read about this lawsuit before it had come down to a decision. It is discussing in my opinion.

Disgusting

Geez, I need to proof read my posts.

Offline GOP Congress

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Disgusting

Geez, I need to proof read my posts.

'Tis ok... discussing this issue makes ME feel disgusting so it's apropos...
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Offline kraven

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My God, children aren't Christmas sweaters you give back because they are not the right fit. "God, I don't want this one, I'm sending it back and would like a different one." :hammer: Children are a gift, and you take what God gives you and do the very best you can to help that child reach it's full potential, and you LOVE that child, unconditionally, no matter what. How disgusting. "If I knew who you were going to be, I'd have killed you." :argh:

Offline BEG

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My God, children aren't Christmas sweaters you give back because they are not the right fit. "God, I don't want this one, I'm sending it back and would like a different one." :hammer: Children are a gift, and you take what God gives you and do the very best you can to help that child reach it's full potential, and you LOVE that child, unconditionally, no matter what. How disgusting. "If I knew who you were going to be, I'd have killed you." :argh:

H5

Offline Celtic Rose

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The idea that parents are suing because they would have aborted their child otherwise gives me the chills.  It is one thing to discuss abortion in the theoretical, but to be holding your child and to say publicly that you would have aborted her if you had known that she had Down's shows a truly vile person.

Offline Skul

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The regressives will do what any good regressive would do.
Grab the money and run.
Let the taxpayers raise the child.
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Offline chitownchica

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This is just painful to read.  Poor little girl. I hope she never realizes her parents wanted to kill her.

Offline sybilll

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And for a stark contrast, here is Sarah Palin acknowledging World Down Syndrome Day, honororing Trig:  https://www.facebook.com/note.php?note_id=10150634182253435 Also, the video she links to is heartwrenching.

Offline Gina

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This is just painful to read.  Poor little girl. I hope she never realizes her parents wanted to kill her.

my first thought............my first thought.........  vile and disgusting examples of parents

sometimes I have wondered if I got the wrong kid but that was after they were being soooooooooooo bad  :whistling:






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Offline JohnnyReb

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Lady on the other side of my family tree took care of a severely handicapped and mentally retarded child for 62 years until both went to the nursing home together.

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Offline Gina

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Lady on the other side of my family tree took care of a severely handicapped and mentally retarded child for 62 years until both went to the nursing home together.



My grandmothers cousin has a daughter.  When the baby was born with downs from daughter, the daughter was immediately going to institutionalize it.  Grandmother said oh hell no and I want the baby and I disown you.  Little Wayne is approaching 50 and the sweetest man ever. Always gives me hugs when I see him.  He is what is keeping that woman going and she is in her late 80's. 






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Offline BlueStateSaint

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Back in the days where I joined in protesting abortuaries, one of my fellow pro-lifers, who already had six children, told me that his wife was pregnant with Number 7--and early tests showed that the child had Downs.  He told me that he considered it a blessing to have a child with Downs.
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Offline Zeus

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Y'all are letting your emotions and personal beliefs get in the way of things.

Possibility of abortion aside for a moment. the Drs. Tested the wrong tissue. You don't see that as a problem ?

Now because the wrong tissue was tested the parents were mislead. Now you may disagree with any decision they may have made if the correct tissue was tested  and they were given the right information But this was clearly a case of medical malpractice.



It is said that branches draw their life from the vine. Each is separate yet all are one as they share one life giving stem . The Bible tells us we are called to a similar union in life, our lives with the life of God. We are incorporated into him; made sharers in his life. Apart from this union we can do nothing.

Offline NHSparky

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Y'all are letting your emotions and personal beliefs get in the way of things.

Possibility of abortion aside for a moment. the Drs. Tested the wrong tissue. You don't see that as a problem ?

Now because the wrong tissue was tested the parents were mislead. Now you may disagree with any decision they may have made if the correct tissue was tested  and they were given the right information But this was clearly a case of medical malpractice.





See my earlier comment.  Also, testing, particularly amniocentesis, has risks of harm to the fetus.  What if this were 30 years ago and such testing didn't exist?  How would you feel about them then?

Was a mistake made?  Yup.  Does it rise the the level of malpractice?  Maybe, maybe not--but this being the litigation lotto society we've become, morality and doing the right thing has fallen by the wayside.
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