Frivolous lawsuit or justice being served?

chelseamb11 · March 2012

This board feels a little dead today.

http://www.oregonlive.com/portland/index.ssf/2012/03/jury_rules_in_portland-area_co.html

A couple in oregon won almost $3 million in what is being called a "wrongful birth" lawsuit. The couple had prenatal testing done that showed everything being alright. The baby was born and it was discovered that she has down syndrome. The couple is suing, claiming the doctors removed tissue from the mom during the test, not from the baby, which resulted in false results. They say that they would have aborted if they had known that the baby had DS. The $2.9 million that they won is estimated to be the amount of money it costs to care for a child with DS. They claim they "love their child deeply" and don't want to be portrayed as heartless.

I personally find it to be a frivolous lawsuit, and really shitty of them to be suing because of a condition the child has. Even if they would have aborted, nobody is forcing them to raise that child. They could have easily put it up for adoption to a family who was more prepared to raise it. I know that it carries a high cost, but if they love their daughter so much, they should be happy they got to keep her, not pissed that they lost their chance to abort her and to save themselves some money.

WDYT?

AllAboutTheBenjamin · March 2012

Well, I don't think caring for a DS child is easy or cheap. While it's not a choice I could make, if parents choose to abort a fetus with DS then that's really up to them. Having a child with DS is a lifetime commitment of a hell of a lot of things, and if parent's don't feel they are emotionally or financially up to the task, then it is no one else's business.

So yeah, I, myself, wouldn't abort this fetus.

Also, I really hate the "no one's forcing you to raise the baby." Well, no one should be forced to have babies either. Plus giving up a baby for adoption, DS or not, is a really freaking hard thing to do.

3 million dollars does seem like a bit much, but, I don't know what a more appropriate amount would be. I can kinda see why a jury sided with them. If a doctor doesn't tell you everything that's going on, on purpose, then he's wrong for that.

chelseamb11 · March 2012

I totally get that AATB.. the fact that they would have chosen abortion, while sad, was legally their choice.

I just don't get how they can claim to love her so much, yet be upset that they lost their chance to abort her.

The doctor didn't withold it from them purposefully, it was basically a test that wasn't done properly I guess.

AllAboutTheBenjamin · March 2012

I don't see how you couldn't love a child you give birth to. I tend to think they didn't feel they were cut out for raising a child with DS, and would have liked to have had that choice.

maratea · March 2012

If I had a prenatal test done, I would expect the results to be correct and the doctor competent enough to know how to do the test properly.

And maybe I'm an assholio, but I can't fault the couple for wanting to abort if they found out the fetus had complications. Some people don't want to raise a child with lots of medical issues--that's their choice.

dmiller9274 · March 2012

I guess I'm more surprised that these people were actually willing to file a lawsuit admitting that they would have killed their child.

I can, i guess, understand why they would feel that way prior to having the baby, but after the baby was born? how could you look at your child and say "I should have aborted you" ?

I know that I'm not all that open minded on abortion, but I just can't wrap my brain around saying that about a child that has already been born.

cardmonsta · March 2012

Is screening 100% accurate?

AllAboutTheBenjamin · March 2012

If I found out my fetus had an extremely severe deformity or condition that would cause him or her to live out all their days as miserably as possible, then yeah, I'd abort. I wouldn't abort a DS fetus, but if the baby would not enjoy any quality of life at all, I wouldn't want it to have to suffer through that. KWIM?

annakb8 · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:60633d2e-9367-464c-b298-ac36be64ab38">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]If I had a prenatal test done, I would expect the results to be correct and the doctor competent enough to know how to do the test properly. And maybe I'm an assholio, but I can't fault the couple for wanting to abort if they found out the fetus had complications. Some people don't want to raise a child with lots of medical issues--that's their choice.
Posted by maratea[/QUOTE]<div>
</div><div>Ditto. </div><div>
</div><div>I don't know if I would personally file a wrongful birth suit, but if I did what I could and got all the tests to find out if my baby was healthy, was convinced that they were healthy, and then came to find out they had special needs that would probably be expensive I would be kind of mad at the universe.

</div>

AdeleDazeem · March 2012

It's not that I don't understand logically what the couple is arguing... but the fact they are saying they would have killed their 4 year old child had they known - it just breaks my heart.

LetsHikeToday · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:b6358247-7c0e-4285-bfc8-b6334a6491d4">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]I just don't get how they can claim to love her so much, yet be upset that they lost their chance to abort her..
Posted by chelseamb11[/QUOTE]

I don't think that statement is fair.

AllAboutTheBenjamin · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:0f5306e7-f297-447c-b3fb-b5be1fa7a216">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]In Response to Re: Frivolous lawsuit or justice being served? : I don't think that statement is fair.
Posted by LetsHikeToday[/QUOTE]

I don't think so either.

cardmonsta · March 2012

The article says the couple claimed the test was done incorrectly but the defense provided witnesses stating the test was done correctly.

I mean, this is sort of absurd.

AllAboutTheBenjamin · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:b6358247-7c0e-4285-bfc8-b6334a6491d4">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]I totally get that AATB.. the fact that they would have chosen abortion, while sad, was legally their choice. I just don't get how they can claim to love her so much, yet be upset that they lost their chance to abort her. The doctor didn't withold it from them purposefully,<strong> it was basically a test that wasn't done properly I guess.</strong>
Posted by chelseamb11[/QUOTE]

Also this - yeah, they botched it? I'm not surprised they won at all.

dmiller9274 · March 2012

As far as the lawsuit goes, it does say that the test didn't detect the chromosome because she has a different type of DS, which often doesn't carry the extra chromosome in many of the cells. I doubt that any testing done is guaranteed 100% accurate, so unless they were told that there was absolutely no way their child could possibly be born with DS, then I don't think they should have won money.

Blueyed228 · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:b0c3f4b0-3777-4f32-a8bb-422b4a1d2b76">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]Is screening 100% accurate?
Posted by cardmonsta[/QUOTE]

That was my thought too. Im no expert on it, but I think the screening just gives you a risk percentage, like 1 in 300 or something. I might be wrong though. But I think to determine a firm yes or no would be done after the legal time frame for an abortion?

specialk84 · March 2012

One of my closest friends did not want to know if there was anything wrong with her baby. She said it would be pointless, since she would never abort.

I thought differently. Like AATB, I would abort if my kid was going to have a miserable, painful life, or if it was going to be born with health issues beyond the capacity of H or I to handle.

However, I think we could handle DS. I would prefer a heads up that something might be wrong. If anything, it would give us time to prepare mentally and financially. We could educate ourselves on the particular issue and have a chance to accept the diagnosis before we had to take care of an actual baby. KWIM?

annakb8 · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:5a819557-56c2-4dc4-857a-29c935d0f43f">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]As far as the lawsuit goes, it does say that the test didn't detect the chromosome because she has a different type of DS, which often doesn't carry the extra chromosome in many of the cells. I doubt that any testing done is guaranteed 100% accurate, so unless they were told that there was absolutely no way their child could possibly be born with DS, then I don't think they should have won money.
Posted by dmiller9274[/QUOTE]<div>
</div><div>Yeah, but her ultrasounds also had markers for DS but the doctors told her not to worry and didn't advise her to get an amniocentesis. It seems like they had conflicting evidence and didn't do all they could to figure out what was really going on.

</div>

pirategal03 · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:b6358247-7c0e-4285-bfc8-b6334a6491d4">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]I totally get that AATB.. the fact that they would have chosen abortion, <strong>while sad</strong>, was legally their choice.<strong> I just don't get how they can claim to love her so much, yet be upset that they lost their chance to abort her.</strong> The doctor didn't withold it from them purposefully, it was basically a test that wasn't done properly I guess.
Posted by chelseamb11[/QUOTE]

Full disclosure: I didn't read your link.

I think it's sad that these parents didn't have the opportunity to fully make an informed decision, not that they would have chosen not to raise a baby who would have been a huge emotional, financial and time strain for the rest of their natural lives and likely beyond.

You can love a child, even though having that child wouldn't have been your choice. I don't think that's a stretch at all.

NicoleSahara · March 2012

Here's what I don't understand. No one WANTS to raise a child with disabilities. But you can't bail if your two-year-old is in a terrible accident that renders them paralyzed, for example, so I don't see how a baby with disabilities is that different. NO parent thinks they're prepared to deal with that kind of thing, it sucks. That just doesn't justify abortion to me.

specialk84 · March 2012

One of my closest friends did not want to know if there was anything wrong with her baby. She said it would be pointless, since she would never abort.

I thought differently. Like AATB, I would abort if my kid was going to have a miserable, painful life, or if it was going to be born with health issues beyond the capacity of H or I to handle.

However, I think we could handle DS. I would prefer a heads up that something might be wrong. If anything, it would give us time to prepare mentally and financially. We could educate ourselves on the particular issue and have a chance to accept the diagnosis before we had to take care of an actual baby. KWIM?

LetsHikeToday · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:b6358247-7c0e-4285-bfc8-b6334a6491d4">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE] I just don't get how they can claim to love her so much, yet be upset that they lost their chance to abort her..
Posted by chelseamb11[/QUOTE]

My post got eaten so sorry if it comes up again.

But chels- I don't think that is a fair statement. After reading the article, they said they would have aborted her. They didn't say that they don't love her and they aren't saying they sued because they lost their chance to abort her. They are suing to get the money that it would cost to raise her.

acaponi87 · March 2012

I think it is far from frivolous.

It was their right to abort and the doctors negligence prohibited them from making that decision. I think there are plenty of people who would have terminated pregnancies if they knew their child would be born with DS. Again, that is their right. $3 million will go a long way in helping to make sure their child has the best life that it can.

It cannot be easy to go through such a high publicity trial like that. I think the fact that they were adament in pursuing it is a testament that they do love their child and want to take care of it to the best of their ability.

NicoleSahara · March 2012

I posted a response eariler (and I know others did too) and stupid TK ate my post and theirs. So I give up.

Blueyed228 · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:13511acd-3db9-4913-b0e9-36cfac74cb13">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]I posted a response eariler (and I know others did too) and stupid TK ate my post and theirs. So I give up.
Posted by NicoleSahara[/QUOTE]

Yup

sweetredhead · March 2012

Spin off of this. Oklahoma is trying to pass a law that allows doctors to NOT tell the mother/parents about any concerns or abnormalities if they fear the mother will abort because of it.

Blueyed228 · March 2012

So does this mean every time a child is born with a birth defect that the parents were not notified of before hand and given a chance to abort, they can sue?

cheeseandrice · March 2012

I think your strong pro-life bias is affecting your opinion of the case.

If the tests were inconclusive, no lawsuit. If the doctors actually performed the test incorrectly, then I'm fine with the lawsuit. Just like any other medical malpractice suit.

celticmyss · March 2012

It doesn't seem frivolous to me if the test was improperly done.

As far as the $3 million I wouldn't call that exorbitant either. A (probably large) percentage will go to lawyers fees. Then there is the medical and care-giving costs of raising their daughter. Finally, they need to be able to set up some sort of arrangements for their daughters care after they die. I know things can vary a lot but someone with DS may never be able to live on their own and care for themselves.

cheeseandrice · March 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_frivolous-lawsuit-or-justice-being-served?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:ddd168c6-3322-4842-8539-9d0b5cb5adf6Post:df5e4f1c-40cc-4bf4-8398-ec8c6c899d3f">Re: Frivolous lawsuit or justice being served?</a>:
[QUOTE]So does this mean every time a child is born with a birth defect that the parents were not notified of before hand and given a chance to abort, they can sue?
Posted by Blueyed228[/QUOTE]

<div>That's the conversation we had last week. I don't agree with that. (I agree with the law they're trying to pass.) If a test is done, or the parents willfully opt out of testing, and results are inconclusive, too bad for parents. If the test results are intentionally withheld, or (like in this case) are performed incorrectly, then I think the parents have a right to sue.</div>

Blueyed228 · March 2012

Or how about if they tell them its a boy but it ends up being a girl? Sue then?

This is just a slippery slope. DS is not a death sentance. Sure, it will be a little challenging to raise the child, but no different than having a child with another disablitly.

This kind of stuff blows my mind. Part of me wants to be all "just be happy you had a healthy baby" but I know thats not fair to say either, so ill just sit here on my bias bitter couch.

Frivolous lawsuit or justice being served?

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