Author Topic: Parents awarded $2.9M in â€˜wrongful birthâ€™ lawsuit over daughter born with Down s (Read 4039 times)

Freeper · « **on:** March 23, 2012, 04:50:01 PM »

Quote

fried eggs

Parents awarded $2.9M in â€˜wrongful birthâ€™ 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 "negligentâ€ 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.

Revolution · « **Reply #1 on:** March 23, 2012, 05:00:32 PM »

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!

BEG · « **Reply #2 on:** March 23, 2012, 05:08:04 PM »

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

BattleHymn · « **Reply #3 on:** March 23, 2012, 05:19:57 PM »

Quote from: Revolution on March 23, 2012, 05:00:32 PM

See me here doing shit?

H5, but for this line in particular.

Vagabond · « **Reply #4 on:** March 23, 2012, 05:29:51 PM »

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.

jtyangel · « **Reply #5 on:** March 23, 2012, 06:42:58 PM »

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.

DLR Pyro · « **Reply #6 on:** March 23, 2012, 06:47:09 PM »

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

GOP Congress · « **Reply #7 on:** March 23, 2012, 06:51:23 PM »

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

Yeah, thought so...

catsmtrods · « **Reply #8 on:** March 23, 2012, 07:04:52 PM »

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

Dirty filthy scum of the earth lawyer like they had!

NHSparky · « **Reply #9 on:** March 23, 2012, 07:47:45 PM »

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?

miskie · « **Reply #10 on:** March 23, 2012, 07:57:33 PM »

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

BEG · « **Reply #11 on:** March 23, 2012, 07:59:21 PM »

Quote from: BEG on March 23, 2012, 05:08:04 PM

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.

GOP Congress · « **Reply #12 on:** March 23, 2012, 08:32:06 PM »

Quote from: BEG on March 23, 2012, 07:59:21 PM

Disgusting

Geez, I need to proof read my posts.

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

kraven · « **Reply #13 on:** March 23, 2012, 10:40:02 PM »

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."

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."

BEG · « **Reply #14 on:** March 23, 2012, 10:51:59 PM »

Quote from: kraven on March 23, 2012, 10:40:02 PM

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." 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."

H5

Celtic Rose · « **Reply #15 on:** March 23, 2012, 11:38:18 PM »

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.

Skul · « **Reply #16 on:** March 23, 2012, 11:39:09 PM »

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

chitownchica · « **Reply #17 on:** March 24, 2012, 12:50:38 AM »

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

sybilll · « **Reply #18 on:** March 24, 2012, 02:52:50 AM »

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.

Gina · « **Reply #19 on:** March 24, 2012, 04:00:53 AM »

Quote from: chitownchica on March 24, 2012, 12:50:38 AM

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

JohnnyReb · « **Reply #20 on:** March 24, 2012, 05:40:44 AM »

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.

Gina · « **Reply #21 on:** March 24, 2012, 05:49:08 AM »

Quote from: JohnnyReb on March 24, 2012, 05:40:44 AM

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.

BlueStateSaint · « **Reply #22 on:** March 24, 2012, 07:03:23 AM »

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.

Zeus · « **Reply #23 on:** March 24, 2012, 08:09:23 AM »

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.

NHSparky · « **Reply #24 on:** March 24, 2012, 08:15:54 AM »

Quote from: Zeus on March 24, 2012, 08:09:23 AM

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.

News:

Author Topic: Parents awarded $2.9M in â€˜wrongful birthâ€™ lawsuit over daughter born with Down s (Read 4039 times)