Couple Wins $2.9M for 'Wrongful Birth'
Would have terminated pregnancy if they knew baby had Down syndrome
By Mark Russell, Newser Staff
Posted Mar 12, 2012 8:12 AM CDT
An Oregon couple has been awarded $2.9 million for the lifelong care of their Down syndrome child, after doctors misdiagnosed the disorder in utero.   (Shutterstock)

(Newser) – An Oregon couple has been awarded $2.9 million in a case centered not around wrongful death, but wrongful birth. Ariel and Deborah Levy said they would have terminated their pregnancy had they known their daughter would have Down syndrome—but they were continually told the child would not. On Friday, a jury agreed Legacy Health System was negligent, citing five instances. Among them: The doctor took an incorrect tissue sample in order to determine the chromosomal profile; it was apparently analyzed incorrectly as well.

Lawyers for the hospital said they were "disappointed" in the verdict and looking into their options. The couple had originally asked for $7 million, and will use the money to care for their child, now four. "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 Oregonian notes that the Levys mouthed the words "thank you" to the jury as they filed out.

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Showing 3 of 56 comments
kfarias
Mar 26, 2012 8:06 PM CDT
What the heck is wrongful birth??? What crackhead came up with such a phrase as "wrongful death"? We all know lots of people that we debate over everyday...(and we are all guilty of this) whether or not they are normal enough or not & whether they should live or die. And they are right within our own immediate families, friends, co-workers, people on the street, etc. What gives anyone any rights to take a life, no matter what we think of them! Just because some of you that make stupid, retarded comments...should we end your stupid, retarded lives??? DOWN SYNDROME IS NOT A WRONGFUL BIRTH!!! Those parents are awful people. I don't even consider them to be human...not in the sense that GOD created us to be. If you believe in abortion you should be forced to adopt the attitude that you deserve to die!!! If you believe in so-called "wrongful birth" ...then you should die too!!! By having your body sucked out of this life by a tiny straw until you are nothing but a bloody mass. When is people going to realize that doctors are not GOD!!! Unfortunately, stuff just happens... & its NO ONE'S FAULT....... JUST THE PLAIN STUPID RETARDED MURDERERS of innocent babies! They are the one's at fault!
MarkFL
Mar 13, 2012 7:44 AM CDT
This is a great precedent. Perhaps these fake family planning facilities run by churches will be taken out by it. They lie to women and convince them to keep babies instead of providing medical care and abortion options. That is a dangerous practice and an infringement on the rights of women. If you really want to be an anti-abortion legislator, you should be forced to adopt. One child for each vote. Wrongful birth is a great way of looking at the many ways that women's health care and planning options are restricted. Too bad people have to go through all that before anyone realizes what happened to them.
Ultraworld
Mar 13, 2012 3:09 AM CDT
It's could cost a lot more than this to take care of that child.