Couple suing health authority due to birth of child with Downs syndrome. (Wrongful birth suit)

[Crazyfatmamma]

Daily mail story- sorry.

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

American couple suing health authority in a wrongful birth suit due to having a daughter with Downs syndrome, they say they would have had an abortion if they found out about her condition first,the couple are now hate figures in the US.

I am unsure what the reasons for this are, maybe they are doing it to get money for her future care, I am not in this situation but its almost like anything less than perfect isnt acceptable.

Opinions please.

This IS the Daily Mail......

It's got nothing to with 'anything less than perfect is unacceptable'.

If you choose ante-natal genetic testing, you're either in the 'forewarned is forearmed' camp or you would consider TOP.

This woman clearly stated that she would have opted for a TOP. Thus, if her baby is born with a genetic disorder that will result in extra personal care and medical costs, then she is perfectly right to pursue the hospital for these costs.

There were clearly mistakes made somewhere along the chain of the test procedure.

Don't forget that this is the USA. I imagine trying to eek money out of medical insurance for the child's care will be a nightmare.

The article states the money reflects the amount needed for her care. Daily Mail is known to amend articles as they go so this may not have been shown earlier.

I've worked with Down Syndrome adults, quite elderly about 55 plus age range. Their parents have passed away and most need a lot of care which is provided by the state in the UK. Downs syndrome children from my experience are bright lovely people, adored by all around them with dedicated loving parents. If a parent is willing to take on the joy and challenge of looking after them then that's fantastic. However the challenges continue into adulthood, I personally would chose not to continue with the pregnancy. Surely better this route than an unwanted child.

The couple is American, may be lacking in health care insurance, and having no NHS safety net this may be their only option. Until I am in that situation I can only assume how I would react, I may find myself there one day and decide to proceed with the pregnancy and deal with the challenges. Until you're there, you never know.

I doubt it's about perfection as such, more an unwanted situation which the couple believed they had planned against and now find themselves with a disabled daughter and no financial means to support her required healthcare.

They won the case. A jury unanimously awarded the couple $2.9m.

what an awful think for a parent to say.
horrible

What horrible parents if they didn't want her why did they not put her up for adoption Personally I don't think they deserve the pleasure of such a beautiful daughter.Frankly the American legal system stinks

..and in 15 years time their daughter or a "friend" will be able to Google this and find out her parents wanted her aborted....nice.

Poor child.

If a parent had an abortion because they were pregnant with a baby with down syndrome they wouldn't be subject to so much hate. I think they are doing it to provide for her care.

But why should their daughter cost any more than others with Down Syndrome?

2old2be - they are in the US, where medical care is not free.

What do other parents do in the USA if they have a disabled child like my Brother.

just awful

imo it is all about the words. if they just said we are suing because we were give the wrong info, and that meant we were not give the chance to choose what to do, who would judge?
it is the wording, and the parents saying they would have had an abortion if they had known.
saying that now when the child is here IMO is cruel and horrid.

I think though you'd have to say what your probable course of action would've been if you'd had all the information, to give the case more weight. From my memory, it wasn't just that the results were wrong- they actually tested maternal tissue rather than foetal, so pretty bad in terms of malpractice. Also they accepted and love their daughter, who is very close to their two other children. IMO they're just trying to make the best of the situation and get the daughter help for her medical fees. To put it in perspective, my mum took I'll when we were on our last family holiday in the US. A visit to the ER, various diagnostic tests, an MRI and an overnight stay in hospital came to $25,000. And the bills are still coming! For a family to find that sort of money (if they can't find an insurance company who'll cover them) would be financially crippling.

You have to say you would have terminated in order to get the compensation (otherwise ther is no 'additional cost' to you). They need money for their daughter's care and have taken what is probably to only way to get it in the US. It might not be nice, but it is certainly effective and now the family can feel secure and happy that their daughter's medical needs will be met.

I don't blame them for doing everything they can to try and get to a position where their child's future is financially secure. If they are not rich enough to be able to care for her properly (bearing in mind the US benefits system is pretty crappy) and to leave a huge legacy to fund her care after their death (because, as others have said, care in the US isn't free) then they have to do what they can really. It's distasteful to have to take a route that demands them to say they wouldn't have continued with the pregnancy had they known, but I can understand 101% why they would do it.

Well she took the tests
She was given the wrong results
She is suing for the money to pay for the care of her child

What I don't understand is why the tests didn't have a disclaimer that they are not 100% accurate. That seems most peculiar.

They are probably telling the truth that had they known they would have terminated.

It doesn't mean they don't love her now they have her though.

There is a Jodie Picoult book based on similar, made me radically change my thinking about this.

They most likely wouldnt have had a CVS if they werent planning on terminating.

IMO the issues in this case are separate.

1. Is it OK to terminate because a baby has Down Syndrome
2. If a test is done incorrectly, and you proceed on the basis of the (wrong) results of this, are you entitled to compensation.

This case is really about point 2, not a judgement on the merits of point 1.

Wow, I really worry for this child's self esteem when she grows up being aware that her parents would have preferred to abort her.

Debeez - I'm surprised at the tone of your post given that you actually work with adults with down syndrome (nb: not down syndrome adults). I recognise that your post is well intentioned and you obviously care about the people you work with but the stereotype that people with downs are all happy and sweet and lovely is actually very unhelpful and inaccurate. Were you aware for example that some studies show people with downs are at increased risk of depression and dementia? People with downs can also be violent and aggressive (as with the general population). Portraying downs to be a nice cuddly syndrome can often prevent individuals from getting the mental health care they sometimes need and can also prevent carers receiving short break services are people wonder 'whats the problem?'.

yes they do live in the USA but surely health insurance should be factored into their finances.
What would happen if like my DS she caught meningitis and left far more disabled than Downs.

Health insurance wont cover everything they need.

I'm quite sure they will explain to her why they had to say what they did in order to ensure her future.

health insurance is terribly expensive in the US
I don't know if people with long term care needs would have exclusions, I don't know enough about it