Parents suing for "wrongful birth"

@Taskr36 (13926)
United States
March 9, 2012 2:20pm CST
That's what we get in this new age of pro-abortion nuts. Apparently now, if you're not happy with the child you give birth to, you get to sue the hospital for wrongful birth. The scumbags involved are suing because a prenatal test did not show that their child would have Down Syndrome. Because the child isn't "perfect" they are now suing for $3 million dollars saying they would have aborted the baby if they'd known it would have Down Syndrome and now it's the hospital's responsibility to pay 100% of the costs of raising their child. I say they give the kid up for adoption. No child, Down Syndrome or otherwise, should live his whole life with parents who would rather he be dead. http://www.oregonlive.com/portland/index.ssf/2012/03/portland_couple_sues_legacy_he.html
6 people like this
20 responses
@marianne87 (3526)
9 Mar 12
Jodi Picoult wrote a novel about a similar case, I can't remember what it was called but the child in the story had osteogenosis imperfecta and the medical bills cost a lot. The parents in the story wanted compensation as they were suffering financially, not because they didn't love their little girl, and having read the article it would seem this is a similar situation. It sounds like an awful thing for a parent to say, but when the child grows up and needs to be in assisted living and have caregivers, and the parents are gone, how will this be paid for? I can sort of see why they would fight for this money to help the child's future.
3 people like this
• United States
10 Mar 12
How can you sue a hospital for something such as your own genetics? You can't do that! Your child is your child, no matter what, and if you can't take care of them for some reason, then give them up for adoption or turn them over to the state. It's not the doctors fault if a child is born with a condition or disease that was in the parents genetics. I find this offensive because I know some people who have Down Syndrome and they happen to be cognitive and normal functioning people. They can communicate with you like anyone else can, and they can somewhat take care of themselves and live like normal people. One of the supers who runs my place has a daughter who has Down Syndrome, and you wouldn't think twice about it when you talk to her. She sounds like a perfectly normal person. I also have a cousin who was born with Hydrocephalus and he can still relatively take care of himself. Yes there are times where he isn't quite all there, but other times he is pretty much normal.
@debrakcarey (19925)
• United States
10 Mar 12
They can sue because of genetic testing, which isn't suppose to be used to give the option of abortion, but here we see it most definately is thought of as a way to weed out the 'imperfet'. The test was misread. I'm with you, I've worked in residential homes and found these people to be very loving, caring and dear people.
1 person likes this
@Taskr36 (13926)
• United States
10 Mar 12
It offends me for the same reason rogue. The people I've known with Down Syndrome have been some of the most pleasant, and positive people I've ever seen. Having a lower IQ doesn't make anyone less deserving of life, nor does it make them less of a person.
@jadoixa (1171)
• Philippines
10 Mar 12
poor child..as hard as it is for parents to have a child with down syndrome, i have known some people who were blessed with a child with down syndrome or have known from prenatal that their child have defects but choose to go on with their pregnancy and give the child a chance to live and care, love the child no matter what. these kind of parents are an inspiration to all. i know that every person has different views and attitudes but in this case, the parents involved are crazy for doing such a thing.
• United States
9 Mar 12
If these parents love this child as the article claims, surely they have learned that Down children are precious people who deserve life as much as anyone else. They should be thankful they didn't learn of the child's condition beforehand, otherwise they would have killed a blessing.
2 people like this
• United States
11 Mar 12
I am pro choice, and I think the entire thing is that their choice was removed from the issue at hand. There are genetic disorders in which the child born into it is in severe and daily pain, in which screening could help loving parents terminate the pregnancy, so as to spare their child that pain. I don't think Downs is a good reason, but I think these parents were angry for not being given a choice, or medical information. Arizona just passed a law saying that doctor's don't have to share any details with their patients if it could lead to an abortion. That is wrong. Not allowing someone a choice is wrong. Many gay couples would love to adopt, and tend to take in those with imperfections, on a higher scale than straight couples. The same anti-choice nuts also fight against gay adoption. It's as sound an argument as anti-abortionists fighting against birth control. The religious right continues to limit CHOICE.
1 person likes this
• United States
11 Mar 12
The progressive definition of "choice" really blows my hair back. (Okay. That's a lie. I don't have enough hair left to be blown back. But still.)
@Taskr36 (13926)
• United States
12 Mar 12
What "choice" was removed. If they were so obsessed with having a "perfect" child, they could have still aborted the baby. Nobody was stopping them. They were aware that the test was not accurate 100% of the time. They were also aware that things like autism were not detectable. "screening could help loving parents terminate the pregnancy, so as to spare their child that pain." Yes, because ending a life is so much more loving than helping someone overcome adversity. Gay couples and birth control have nothing to do with this and despite the left wing lies, nobody is trying to take away birth control, but you already know that I'm sure. "Not allowing someone a choice is wrong." Does that include not allowing Catholics to have a choice on whether or not they have to buy birth control for other people? Seriously ladybug, you are the most anti-choice person I know on almost every issue.
@debrakcarey (19925)
• United States
12 Mar 12
"Not allowing someone a choice is wrong." What about babies having a choice in being born? Matersfish is sooo right, what a culture.
@sierras236 (2740)
• United States
10 Mar 12
The thing is that they don't need that money for her lifetime care. There are many organizations and programs their daughter qualifies for based off of her diagnosis. Especially for such a common disability as Down's Syndrome. This is "free" money in the sense that if they win, it will be given to them without restrictions. While they say it is for her future care, unless it is court supervised and goes directly into a specific account for her, then the parents can do anything they want with it. So, there is basically no accountability that this money will go toward her future whatsoever. It also sends a really bad message to their daughter. Basically, they are saying they don't want her because she has a disability or wouldn't have had her because she was special. There is another lawsuit like this one. Only its for $7 Million. The court should just start throwing these cases out due to the potential emotional harm done to the child when they find out they aren't wanted because of their disability.
1 person likes this
@debrakcarey (19925)
• United States
10 Mar 12
As a country we fight over women have a right to 'medical care' in the form of free birth control; but we say to ourselves (some of us) who's going to pay for this? Get my drift?
@gentox (38)
• Philippines
10 Mar 12
both share for the payment.
• United States
11 Mar 12
Yeah, I get your drift. Whose going to pay for it? Can you expect two parents to cover the cost of a disabled child that they brought into the world that they claim to love yet are showing by their actions that they never wanted a child in the first place because a scientific procedure that is not a 100% accurate (and will never be) shows that there is not a disability? Why should they sue a hospital under some delusional idea that the doctors there can control the role of the dice when it comes to genetics when it is the two of them creating the child? Yes, someone is going to have to pay for their future. Hopefully, it will be a future full of love and the parents will recognize their mistake. But suing the hospital forces everyone associated with that hospital to pay more which always increases the cost of health care even if there is some kind of settlement reached. Instead, the parents should recognize that they have a financial responsibility to make certain the future care of their daughter even if it means sacrificing a few things. That's what parents do. Let the organizations do their job in assisting the parents. That's what the organizations do. Many Down's syndrome organizations are private entities set up by parents of these kids to help others in the same situation. In other words, you can't place blame on anyone except nature when it comes to genetics. As devastating as a diagnosis is, parents cannot blame anyone at all, even themselves. Back to your original question. Who should pay for their daughter because she was brought into the world by imperfect parents with imperfect medicine?
1 person likes this
@dragon54u (31352)
• United States
9 Mar 12
Well, reading the article it says they love their daughter and are suing for lifetime expenses. Still, nothing is infallible and no test is perfect. If it hadn't been them it would have been someone else. I just can't believe she would have murdered her baby rather than have her born with Down Syndrome. Many people say their lives are blessed by these creations of God, richer and with goodness beyond measure. Life is not perfect but people nowadays seem to think it should be and if it's not, they're going to make someone pay. I don't think these people hate their daughter but they have to accept that life is not perfect and they are no exception. The doctor made a mistake in the tissue he took, it's a million chances to one that he would do that. I'm sorry the baby isn't up to their expectations but also hope she brings them more joy than they ever expected. I knew a woman once that was thinking of suing her obstetrician because her daughter had an "outie" instead of an "innie" belly button. Her husband and friends (me included) shamed her into abandoning the idea.
1 person likes this
@debrakcarey (19925)
• United States
10 Mar 12
How can they love her, and feel that way too?
1 person likes this
@dragon54u (31352)
• United States
10 Mar 12
I don't know how they can say that except the article says they are worried about what would happen to her if they should die or become incapacitated. They are suing for the costs of her care over a lifetime. Personally, I would not sue anyone--I'm pretty sure of that--but I, too, would worry if something should happen to me. The difference between me and them is that I know God would provide for her care and hopefully I'd have used the brain He's given me to buy life insurance or some other provision for her. I think at most I'd ask them to pay my life insurance premiums.
1 person likes this
@Taskr36 (13926)
• United States
12 Mar 12
"I just can't believe she would have murdered her baby rather than have her born with Down Syndrome." It's sad, but people abort something like 86% of children prediagnosed with Down Syndrome. Every parent should have life insurance. I'd never even thought about getting life insurance until my child was born. In the event that my wife and/or I die we want to make sure that our child is provided for.
@irishidid (8285)
• United States
10 Mar 12
They do realize the monies would go into a trust for the child, don't they? Hopefully a judge would be wise enough to have a lawyer assigned for the best interest of the child. We did consider suing when my middle child was born because we believed (and I still do) that their treatment of me during labor and delivery directly resulted in her autism and other disabilities, but those things are hard to prove. Still, this is not the same thing as what these bad excuse for parents are doing.
1 person likes this
@debrakcarey (19925)
• United States
10 Mar 12
I can understand if you wanted to sue due to poor medical care that resulted in a birth injury. I too have had that thought. My son was born with the cord around his neck, it got that way because he was coming breech and the doctor did not intervene when he should have. My son was born blue. That is different than this I think.
1 person likes this
@JenInTN (27565)
• United States
11 Mar 12
That's crazy! Of course we would like the tests to show us accurate results but unless there was some kind of negligence, they don't have a case. The truth is that the baby may have developed the condition after they took the tests. They are usually very accurate though. It could have been because of an exposure or anything. The creation and development of the child in the womb is miraculous anyway. Every professional that I have talked to has always said that it is amazing that no more goes wrong than does with all the changes going on. Everyone knows the risk when they conceive and it is their child no matter what the condition.
1 person likes this
• United States
11 Mar 12
Oh that is flipping ridiculous! I have never heard of anything so ludicrous. If they would throw away a child because it isn’t perfect, they don’t deserve to be parents of a healthy child. I’m not saying that everyone should parent a child with disabilities, but to sue because they weren’t given the news so they could throw away the child is just wrong to me. Maybe they should have kept their clothes on and not got pregnant in the first place!
1 person likes this
@Dominique25 (9476)
• United States
10 Mar 12
I agree with you wholeheartedly. It is insane that their are people like that. The child should definitely be given up for adoption. It would be better for him and they wouldn't have to get any money. I hope that they do not win this case. That is just awful how people are.
1 person likes this
@Graceekwenx (3163)
• Philippines
10 Mar 12
oh myyyyyyyyyyyy! i am soooo speechless... i dont know what to say........ We were told that those with Down Syndrome are tagged to be the lucky charm of the family. In this case, the child is a burden.. This was a case of "mislabelling" as what we call it in the field of the medical technology. For us, that is a mortal sin. Apart from that issue, there is also a question of the parents right to drop a kid thru abortion once found out that she would have a genetic defect. I couldnt say if the parents really cared for the kid. It is not the kid's fault to be "born this way." Which made me wonder, do these special children feel that their mom wished that they should have been aborted and that they were never wanted?
1 person likes this
@matersfish (6311)
• United States
10 Mar 12
I have my TV to CMT as I'm reading this, and Brad Paisley's "Welcome to the Future" is playing. And all I can think is: "Heeeeyyyyy...we want money for no execution. Welcome to the future." I'm wondering, if these parents' parents knew that their children would grow up to want to either abort babies or sue hospitals for millions, would they have aborted? Where's the test for that? A kindness to the child: he may never fully grasp that his parents would rather have aborted. What a culture.
1 person likes this
@ShepherdSpy (8563)
• Omagh, Northern Ireland
9 Mar 12
Maybe somebody should take the kid's case on and sue these failures of "Parents"...
@marguicha (82868)
• Chile
10 Mar 12
We have to be glad that those parents want to give the ghild for adoption. I suppose that the hospital might be blamed legally if they went for a special test for the Down Syndrome. Not in my country dough: we don´t have abortion.
@marguicha (82868)
• Chile
10 Mar 12
Sorry, I answered before I read the clip. I see now that the adoption idea is yours, not the parents. And that they want more money to raise the child better. It´s not that simple, now that I read it all.
@cher913 (25895)
• Canada
9 Mar 12
these people dont even deserve to be parents. i hope it gets turned down. imagine the high number of cases that would come about it it went through.
@Taskr36 (13926)
• United States
12 Mar 12
You're right. Any time a case like this happens it risks opening up a huge can of worms.
• United States
14 Mar 12
These parents don't love their kid, they love money. It's sickening. If they had aborted this baby, at least the child would have gone to Heaven to live in eternity with God and have the joy of being loved instead of living with crappy "parents" who care about money more than their own kid. I'm a disabled person and I'm very happy with my life.
@katie0 (5212)
• Japan
11 Mar 12
That's disgusting. I believe in the Law of Reincarnation and when a kid comes our way it is expected and it was planned. Turning their hearts like that...it doesn't matter what they say about down syndrome, I think the child can feel it. Smart *sses are trying to get some money, blaming someone for the kid.
@shaggin (29849)
• United States
11 Mar 12
Wow that is so terrible. I would be upset as well if my child was born with something that wasent detected during pregnancy but I wouldnt blame the hospital because sometimes they can run tests and things wont show up. I cannot imagine aborting a child just because it has down syndrome. Why do they need to sure for this when they will get free medical for the child through social security for the child having down symdrome. That will cover the costs of medical expenses. I hope they lose the law suit.
@debrakcarey (19925)
• United States
9 Mar 12
The heart of man is deperately wicked, who can understand it. ' I used to wonder at those words, I no longer do.