Couple Awarded $3m After They Sued Hospital for 'Wrongful Birth' of Their Daughter
A JURY in Oregon has awarded nearly $3 million to a Portland-area couple after they sued the hospital for wrongful birth of their daughter. Daughter of Ariel and Deborah Levy was born with Down syndrome even though a prenatal test showed that she didn't have the chromosomal abnormality. According to the parents, they would have aborted the child if they knew about the condition back in 2007.
After their daughter was born, the parents were ecstatic which then turned into remorse when hospital staff told them about the condition of the baby. This came as shock to them as earlier prenatal reports had confirmed the baby to be healthy and normal. However, few days after the birth, the blood tests told a different story. After this mishap, the couple sued Legacy's Centre for Maternal-Fetal Medicine in Portland and a Legacy lab for US$3m, claiming a botched test and that wrongful information was provided to them regarding their baby's health.
The parents also insisted that legacy should be held liable for the cost they had to endure for baby's care. The jury was one-sided voting 12-0, and within a matter of hours a verdict was reached terming it as a highly emotional trial. According to the verdict, Legacy Health was neglectful in doing their job which led to the birth of child with abnormalities. A lot of pressure was also on the parents as very few people choose to file wrongful birth suit because it becomes embarrassing for them and most often they are termed as heartless.
It is also an awkward position as they have to say on record that they would have preferred to have an abortion, rather than have that child which implies that the child might be a burden on them. The mother of the child was filled with tears after the verdict was spoken in her favor.
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