Image source: Wikimedia Commons

BY GINA COOK

ANCHOR LAUREN ZIMA


A couple will get about $3 million dollars after suing the clinic that incorrectly told them their unborn baby did not have Down syndrome. Ariel and Deborah Levy say if they had known, they would have aborted their now four-year-old daughter. KATU explains.


“The parents who filed the malpractice suit say the doctors repeatedly advised them a test of their unborn baby definitely ruled out Down syndrome and even told them indicators that said otherwise were not reliable.”


Legacy Health, the company that performed the test, was found to have made a major misstep. They didn’t realize they removed tissue from Deborah — not from the fetus — for the prenatal test. The Oregonian says the 10-day trial was highly emotional and describes the moment the verdict was given.


“The couple nodded and mouthed ‘thank you’ as jurors filed out of the courtroom. A few nodded back, smiled or reached out a hand toward the Levys. One juror visibly held back tears. Another wished them peace.”


But peace isn’t what many opponents of the lawsuit are hoping for for the Levys. KGW describes some of the social media criticism of the case, especially because of the couple’s declaration that they would have aborted.


“It’s easy to see the backlash. ‘Absolutely sad and sickening’ one person writes.  ‘Poor child. People are sick and greedy.’ ‘This couple makes me want to puke.’”


A blogger for MSNBC doesn’t blame the parents, but says the practice of wrongful birth suits is immoral.


“The very fact that such a case can make it into a courtroom reveals a lot that is wrong with public policy and ethics in America. … Wrongful birth lawsuits are a horrible way to deal with failed prenatal testing. Forcing parents to argue that their child never should have been born may make legal sense but it is morally absurd.”


A blogger for Commonweal Magazine says he’s just confused about wrongful birth suits altogether.


“It strikes me that, philosophically, there is something odd about a person’s suing for damages when the alleged wrong is what permits the person to be in a position to file the suit (or do anything else in the course of a life)!”


The parents haven’t publicly spoken about the suit, but their lawyer says they love their daughter, and they sued to be compensated for the lifetime care she will need.

Parents Get $3 Million in Wrongful Birth Suit

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Mar 11, 2012

Parents Get $3 Million in Wrongful Birth Suit

Image source: Wikimedia Commons

BY GINA COOK

ANCHOR LAUREN ZIMA


A couple will get about $3 million dollars after suing the clinic that incorrectly told them their unborn baby did not have Down syndrome. Ariel and Deborah Levy say if they had known, they would have aborted their now four-year-old daughter. KATU explains.


“The parents who filed the malpractice suit say the doctors repeatedly advised them a test of their unborn baby definitely ruled out Down syndrome and even told them indicators that said otherwise were not reliable.”


Legacy Health, the company that performed the test, was found to have made a major misstep. They didn’t realize they removed tissue from Deborah — not from the fetus — for the prenatal test. The Oregonian says the 10-day trial was highly emotional and describes the moment the verdict was given.


“The couple nodded and mouthed ‘thank you’ as jurors filed out of the courtroom. A few nodded back, smiled or reached out a hand toward the Levys. One juror visibly held back tears. Another wished them peace.”


But peace isn’t what many opponents of the lawsuit are hoping for for the Levys. KGW describes some of the social media criticism of the case, especially because of the couple’s declaration that they would have aborted.


“It’s easy to see the backlash. ‘Absolutely sad and sickening’ one person writes.  ‘Poor child. People are sick and greedy.’ ‘This couple makes me want to puke.’”


A blogger for MSNBC doesn’t blame the parents, but says the practice of wrongful birth suits is immoral.


“The very fact that such a case can make it into a courtroom reveals a lot that is wrong with public policy and ethics in America. … Wrongful birth lawsuits are a horrible way to deal with failed prenatal testing. Forcing parents to argue that their child never should have been born may make legal sense but it is morally absurd.”


A blogger for Commonweal Magazine says he’s just confused about wrongful birth suits altogether.


“It strikes me that, philosophically, there is something odd about a person’s suing for damages when the alleged wrong is what permits the person to be in a position to file the suit (or do anything else in the course of a life)!”


The parents haven’t publicly spoken about the suit, but their lawyer says they love their daughter, and they sued to be compensated for the lifetime care she will need.

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