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Couple sues and wins $2.9 million because they would have aborted their little girl had they known she had Down Syndrome

Posted by on Mar. 21, 2012 at 11:22 PM
  • 128 Replies

by Rebecca Taylor
LifeNews.com

A couple in Oregon has been awarded $2.9 million because they would have aborted their little girl had they known she had Down Syndrome. Deborah and Ariel Levy told an Oregon court that prenatal testing they received said little Kalanit did not have Down Syndrome. The Levy said that they were devastated when Kalanit was diagnosed after she was born.

$2.9 million for saying you would have killed your child in the womb if you only had known.

The Levys insist that they were only suing for funds to help care for Kalanit. What about caring for her mental and emotional health? How devastating would it be to know your parents stood up in a court of law and told anyone who would listen that they would have ended your life if they had known your genetic make-up. And then were awarded millions.

The Levys also have 2 boys who are older than Kalanit. What about them? What will they think when they find out that their parents stood up in a court of law and told anyone who would listen that they would have ended your beloved sister’s life because of her genes. And then were awarded millions.

Wrongful birth lawsuits like these are just plain wrong. It would be one thing if the doctors caused an injury to the child, but to be awarded money because they did not afford you the information that would have lead to kill your child is simply beyond comprehension. No court should ever be able to rule that a citizen was wrongfully born.

A handful of states have laws against these kinds of lawsuits for this very reason. And without protection from legal action, doctors and other medical professionals are coerced into a prenatal seek-and-destroy mission. In states like Oregon where wrongful birth lawsuits are allowed, if medical professionals are not successful in finding everything that could possibly be “wrong” with a child, they may be sued. That is not health care. That is eugenics.

Retrieved from: http://healthimpactnews.com/2012/couple-sues-and-wins-2-9-million-because-they-would-have-aborted-their-little-girl-had-they-known-she-had-down-syndrome/

by on Mar. 21, 2012 at 11:22 PM
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Replies (1-10):
GotSomeKids
by Silver Member on Mar. 21, 2012 at 11:26 PM
1 mom liked this

SMH, shame for days!

First off, I think when they do this genetic testing, they never tell a parent it's 100% guarenteed.

delete--delete--delete

Keeping my mouth shut.

jaxTheMomm
by Platinum Member on Mar. 21, 2012 at 11:27 PM
4 moms liked this

I remember reading something about this.  Wasn't it along the lines of, tests kept coming back positive or (for lack of a better word) dubious, and their doctors kept telling them it was nothing?

I seem to recall as well, they never said they would have aborted had they known, please correct me if I'm wrong here.  Just that they kept asking questions, and kept being told their child did not have any limitations or defects.

If my test kept coming back as potentially positive for a limitation or defect that could have been better managed or controlled or even corrected had I known the correct results, and my child might have suffered or been further limited because I and my medical team didn't know in advance.....

yeah, I'd be pissed.

one_on_the_way
by Bronze Member on Mar. 21, 2012 at 11:27 PM
3 moms liked this

Hmmmm....that's crazy - and almost unbelievable (that they would be awarded money).

I declined the testing that would have told me if my son had a Downs Sydrome or other disorder.  It wouldn't have made a difference to me.  I would have continued my pregnancy and loved my child no matter what....so, I figured there was no reason for me to have any testing of the sort.

Euphoric
by Thumper kid spanks on Mar. 21, 2012 at 11:29 PM
1 mom liked this

 I saw this a while back. I personally wouldn't have sued.

LauraKW
by "Dude!" on Mar. 21, 2012 at 11:30 PM
8 moms liked this

 This wasn't because the doctors didn't find a rare disease present in the child.  This happened because the doctors / facility messed up during testing and gave the parents wrong information and also ignored other red flags that showed up during ultrasounds.  The care this child will need for the rest of her life will eat through that $2.9million well before she dies as she is expected to live a full lifetime.

.Bubbles.
by Silver Member on Mar. 21, 2012 at 11:32 PM

I've never seen this before and was going to try to find more on this issue.  I don't like the precedent this lawsuit sets because those tests are not 100%. I am completely pro-choice but do not agree with suing after the fact over something like this.

LauraKW
by "Dude!" on Mar. 21, 2012 at 11:33 PM

 Something about when they did CVS or something they actually grabbed maternal tissue instead of fetal tissue, so of course the results were negative for Down's.  And when cranial measurements from ultrasounds indicated Down's, the parents were still told not to worry because of the negative CVS results. 

Quoting jaxTheMomm:

I remember reading something about this.  Wasn't it along the lines of, tests kept coming back positive or (for lack of a better word) dubious, and their doctors kept telling them it was nothing?

I seem to recall as well, they never said they would have aborted had they known, please correct me if I'm wrong here.  Just that they kept asking questions, and kept being told their child did not have any limitations or defects.

If my test kept coming back as potentially positive for a limitation or defect that could have been better managed or controlled or even corrected had I known the correct results, and my child might have suffered or been further limited because I and my medical team didn't know in advance.....

yeah, I'd be pissed.

 

jaxTheMomm
by Platinum Member on Mar. 21, 2012 at 11:34 PM

Thanks, I thought it was something like that.

If tests showed that my child had Downs, and it was screwed up - I'D BE LIVID.  Studies show that Downs kids do far better with a practically immediate intervention and parents and a medical staff that are completely prepared and educated for what's coming and how to best help that child.

Quoting LauraKW:

 This wasn't because the doctors didn't find a rare disease present in the child.  This happened because the doctors / facility messed up during testing and gave the parents wrong information and also ignored other red flags that showed up during ultrasounds.  The care this child will need for the rest of her life will eat through that $2.9million well before she dies as she is expected to live a full lifetime.


LauraKW
by "Dude!" on Mar. 21, 2012 at 11:36 PM
1 mom liked this

 I took the tests - not so I would know whether or not I wanted to abort, but so I and my dr could be prepared in case the baby needed special care.  I think it's negligent not to have the testing done, but that's just my opinion.

Quoting one_on_the_way:

Hmmmm....that's crazy - and almost unbelievable (that they would be awarded money).

I declined the testing that would have told me if my son had a Downs Sydrome or other disorder.  It wouldn't have made a difference to me.  I would have continued my pregnancy and loved my child no matter what....so, I figured there was no reason for me to have any testing of the sort.

 

.Bubbles.
by Silver Member on Mar. 21, 2012 at 11:40 PM

Where did you read this because every article I'm finding is saying that the prenatal tests did not detect Downs Syndrome and that is it.

This article said the couple sued saying that they believed the test was done incorrectly but the defense is saying otherwise so there is no certainty as to whether the testing was done incorrectly or not.

The couple's attorney David K. Miller claimed in the case that Dr. Thomas Jenkins removed tissue in the womb from Mrs Levy, rather than from the baby, when he carried out the procedure at the clinic.

The suit points the blame at the doctor and lab workers who did not realise they were testing maternal tissue, the Oregonian reported.

It also suggests that two later ultrasounds carried out by Legacy showed traits of the syndrome, yet staff failed to recognise these, and assured Mrs Levy her baby would be born normal and healthy.

Yet the attorneys for the defense claim Jenkins and the staff followed correct procedures. He suggested the problem was that the girl has mosaic Down syndrome.

http://www.dailymail.co.uk/news/article-2112708/Deborah-Ariel-Levy-Portland-couple-sues-Legacy-Heath-wrongful-birth-daughter-born-Down-syndrome.html

Quoting LauraKW:

 This wasn't because the doctors didn't find a rare disease present in the child.  This happened because the doctors / facility messed up during testing and gave the parents wrong information and also ignored other red flags that showed up during ultrasounds.  The care this child will need for the rest of her life will eat through that $2.9million well before she dies as she is expected to live a full lifetime.


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