Parents of Child with Down Syndrome Win $2.9 Million in “Wrongful Birth” Suit
March 13, 2012
The possibility of there being something wrong with your baby is a fear that plagues virtually every pregnant woman—and it’s why so many of us choose to undergo some form of prenatal testing, either to be prepared to welcome a child with special needs or to make the tough decision to terminate the pregnancy. But two parents of a girl with Down syndrome say that they were misled into believing their baby was healthy and have successfully sued their doctors for $2.9 million, ABC News reports.
Ariel and Deborah Levy of Portland, Oregon had filed a “wrongful birth” lawsuit against Legacy Health System, claiming that their daughter was misdiagnosed prenatally and that they would have terminated the pregnancy had they known they would have a child with special needs. A jury has agreed that Legacy Health was negligent and the court documents cite five major mistakes that were performed by the hospital, including Deborah's doctor taking an incorrect tissue sample to the lab and a botched analysis.
"These are parents who love this little girl very, very much," said the couple’s lawyer. "Their mission since the beginning was to provide for her and that's what this is all about."
The couple, who have two older sons, will use the money from their lawsuit to pay for their daughter's care.
The hospital issued a statement saying, “While Legacy Health has great respect for the judicial process, we are disappointed in today’s verdict. The legal team from Legacy Health will be reviewing the record and considering available options. Given this, we believe that further comment at this point would not be appropriate.”
Have you had prenatal testing that was handled incorrectly or came back with the wrong result? How did you handle it