Skip to comments.UPDATE: Couple Wins Down Syndrome “Wrongful Birth” Suit
Posted on 03/12/2012 5:39:41 PM PDT by Morgana
Last week, I wrote about two parents who filed a wrongful birth suit against their hospital, because their daughter was not prenatally diagnosed with Down syndrome. At the time, they didnt want their names released to the public, because they feared the backlash they might receive over the lawsuit. Well, theyve won, and Ariel and Deborah Levy are apparently happy to talk to the media now that theyve been paid off for the hassle of raising their daughter (emphasis mine).
A couple who sued a hospital for not telling them their unborn child has Downs syndrome has been awarded a $2.9million payout.
Ariel and Deborah Levy, who say they would have had an abortion if they had known the child would be disabled, claimed they needed the money to pay for their daughter Kalanits lifelong care.
And a jury agreed, deciding on Friday that Oregons Legacy Health hospital had been negligent in failing to diagnose the condition in a pre-natal scan.
The hospital is considering appealing the verdict, but the Levys lawyer urged them to let this case finally come to an end.
Although they say they love Kalanit and treat her the same as their other children, the Levys demanded a huge payout from the hospital to pay for the extra medical care she requires.
This case is just disgusting on so many levels.
First, how can any parent simultaneously claim to love their child, yet also wish that they had aborted them? One would think that, if they truly loved their child, they would be thinking, thank God we didnt find out, because we wouldnt have her here if we did. This couple looks at their daughter and sees her as a wrongful birth. They wish they had aborted her. Yet were supposed to believe they love her? If this is their idea of the love a parent should have for their child, then they dont deserve to be parents.
Also disturbing is when you compare how the parents describe their daughter versus how they describe their two sons.
[D]ays after Kalanit was born, her mother was taking her to the doctor to show her off and he delivered the blow a blood test confirmed the baby had Downs. It was devastating, Mrs Levy said.
Their sons are in third grade and kindergarten. The boys, shown hugging their younger sister tightly in photographs, are bright one has placed in the 99th percentile on standardised tests.
Apparently, once they found out she had Down syndrome, Kalanit was no longer worth showing off especially not when their other two sons are just so bright and intelligent. Kalanit, meanwhile, can only speak in short sentences. They just had the perfect family until their little girl had the audacity to be born with an extra chromosome, and now, they have to be paid off in order to deal with the burden of raising her.
Im curious: do these parents see any value in their daughters life? Or is she just a hassle, a child with a price tag, that they wish they could have gotten rid of? What would they do if one of their children had developed cancer? What if one of them was in a car accident and then developed a disability? By their thinking, they would then no longer deserve to live especially if, Heaven forbid, their disabled child was a burden on them. After all, children are there to make life easier for parents, right?
Oh, wait. Thats not how it works at all.
The other chilling aspect of this case is the potential long-term implications it could have. As it is, 90% of babies diagnosed with Down syndrome are aborted (by loving parents like Ariel and Deborah Levy). But doctors dont always catch the diagnosis. Nothing in medicine is ever 100% accurate. And sometimes, there will be errors. Sometimes, things will slip through the cracks. How many parents will be encouraged to sue hospitals now because their child was born with an extra chromosome? Prenatal testing, like the CVS test and an amniocentesis, are extremely accurate. But there are still those few cases where they arent, and now the precedent has been set.
Instead of looking at their daughter as the miracle and blessing she is, these parents look at her as a burden, a child they wish they could have gotten rid of, a child they need to be paid off in order to raise.
When I think of my unborn son, who has been diagnosed with Down syndrome, I dont feel dread. I dont worry about the costs of raising him. And considering my husband is a Marine, while Ariel and Deborah Levy are employed as a civil engineer and a dental hygienist, respectively, Id be willing to bet that, even without the lawsuit, theyre in a much better financial situation to raise a child with special needs than we are. (I guess we should sue as well.) I think, gosh, its a miracle that he survived, since around 80% of babies with chromosomal abnormalities end up as miscarriages. I think about how cute his nose looks on ultrasounds, and I think about how much he kicks and moves in the womb. I think about how much fun Ben, my older son, and Wyatt will have together as they grow up. There is no thought about the burden he will supposedly be instead, I see a life full of potential. Isnt that how a truly loving parent would feel, as opposed to wishing they could have aborted their child and demanding a payoff in order to raise them?
My son, and the thousands of other children like him, are not defective. They are not burdens, and we, as parents of these children, do not need to paid off to compensate for the supposed hassle of raising them. There is no wishing that the child had never been born, that we could have killed him if we had the chance, that we need money to offset the burden. Life comes in many forms, and all of it is sacred and beautiful and worthwhile.
Perhaps Ariel and Deborah Levy need to be reminded of that as they enjoy their $2.9 million payoff in exchange for dealing with their defective, if-only-we-had-aborted-her daughter.
The parents are contemptible.
When they are old and sick, this daughter will probably have the option of paying for their costly care, or to sign them up for the government’s “End of Life Plan.” It won’t cost her anything and will be much more convenient.
What goes around, comes around.
Sadly, there is little chance of that. People with Down syndrome have an average life span of about 50 years.
My daughter knew just a few minutes after birth. Downs babies have a straight line going across the palm, it does not curve like others. There is also something about the ears. THEY KNEW and so did that woman Levy.
She loves it, she loves it not, but for $$$$$$$ she can learn to ADORE the baby?
Also: when my other daughter got pregnant, her DR. almost insisted she do the test, I asked her what she would do if the baby was Downs, she said "have it anyway". Most all Drs. suggest that test now, so she either refused or her Dr. did not offer, not the hospitals fault.
I would not have my grandson any other way, he's a very smart hoot.
Very well said Morgana
Very well said
God bless everyone
Well, don’t worry. (The next step) Soon will come the day when if you have a child born and you don’t like what you see, you can have the child put to death until your “perfect” child comes along. And the elderly will suffer the same fate.
It is the beginning of the Utopian Secular Society, the perfect world of nothing but perfect people. And the “excess/burdensome” population can’t be allowed to share in that “Paradise”!
Reminds me of how to boil a frog. The Legal system is the heat, and the government is the Pot.
And a jury agreed...
Anyone can bring any stupid lawsuit, but there used to be safeguards for common sense to prevail.
I wish you and your unborn child the very best. He or she is blessed to have such loving parents.
I’ve known several people with Down Syndrome, and they’ve all been a joy to know — very sweet and pure and loving.