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Couple Awarded $50 Million in ‘Wrongful Birth’ Suit After Son Born With Disabilities
Christian news network ^ | December 27, 2013 | Heather Clark

Posted on 12/28/2013 4:33:33 PM PST by daniel1212

SEATTLE – A jury has awarded $50 million to a Washington couple who filed a wrongful birth suit after their son was born with mental and physical disabilities.

Brock and Rhea Wuth, both school teachers, had been advised that they had a 50-50 chance of conceiving a child with a genetic defect. They sought genetic counseling in the matter as Brock’s cousin was born with a chromosomal disorder.

After Rhea became pregnant, Valley Medical Center in Renton sent tests to LabCorp in North Carolina to determine whether the child had any abnormalities. As the tests came back normal, the family was assured that the baby was fine.

However, when Rhea gave birth in July 2008, it was discovered that the infant had “unbalanced chromosomal translocation.” The Wuths then filed suit against Valley Medical Center and LabCorp in 2010, advising that had they known that the child—a boy, who they named Oliver—had defects, they would have sought an abortion.

According to the Times-News, attorney Todd Gardner cited the birth of the baby and the care that he now requires—likely for the rest of his life—as damages that required compensation. He asserted that Valley Medical Center had failed to inform LabCorp of all of the pertinent information, including that Brock Wuth carried a genetic abnormality from his family history. Gardner also blamed LabCorp for not following up with the Medical Center when it did not provide details on where to look for the possible defect.

“Valley messed it up at the beginning; Lab Corp. should have got it. They both failed,” he told local television station KOMO. “You have a disaster.”

Earlier this month, a jury selected by the King County Superior Court agreed with Gardner and the Wuths, and awarded the Wuth’s $50 million—$25 million to the couple and $25 million to Oliver.

Valley Medical Center then issued a statement apologizing for the “tragedy” that had occurred.

“We are very sorry for the tragedy the Wuth family has suffered,” it wrote. “We continue to believe that the Valley Medical Center staff members acted appropriately.”

LabCorp said that it is considering an appeal.

“We believe the facts and the law do not support the verdict,” the company stated. “LabCorp acted properly and diligently in performing the test that was ordered by the physician. We will consider all available options, including post-trial motions and appeal, if necessary.”

But some are expressing sadness over the wrongful birth suit being filed in the first place and the impact that it could one day have on the child.

“I was given the test, not to be able to abort, but to prepare if there was disability,” one commenter named Joan wrote. “My tests also were fine and I gave birth to a very sick little boy. I still love him no matter what. He’s 17 now and the light of my life regardless of disability.”

“Rejection by the ones who are supposed to love you above all others is a terrible thing to live with, and baby Oliver will continue to sense it as he grows older,” another named Judy stated. “These parents need the Lord, and I’m putting baby Oliver on my permanent prayer list. I predict he’ll do great things for the Lord one day.”

Oliver is now 5 1/2. He is obtaining special education as he speaks few words and is not yet able to climb the stairs or run.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: abortion; eugenics; geneticdefects; obamacare
It is at once sad to see such a special needs child yet a joy when it enlarges the heart of others to care for those less able than them. If all the world were healthy then I think we would be shallow.

However, the healthy or abort value system in this case, or used to get compensation for a errant test - as they said they would have aborted the child if the test came back accurate - is contrary to the above ethos.

And which raises the cost of health care for all, as the Valley Medical Center insurance will pay for most of this i assume.

It certainly is expensive to raise a a special needs, beyond the normal cost, but 50 mil seems like a lot. Not aborting in this case certainly provided economic security, though perhaps an appeal will lessen the amount.

And i am sure Valley Medical Center will rethink what manner of assurance it provides for its tests. And it ought to state that defects should not be used as a cause for abortion. To willfully take innocent life is the Creator's prerogative, not ours.

1 posted on 12/28/2013 4:33:33 PM PST by daniel1212
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To: metmom; boatbums; caww; presently no screen name; smvoice; Greetings_Puny_Humans; HarleyD; ...
It is at once sad to see such a special needs child yet a joy when it enlarges the heart of others to care for those less able than them. If all the world were healthy then I think we would be shallow.

The "healthy or abort" value system in this case, or used to get compensation for a errant test - as they said they would have aborted the child if the test came back accurate - is contrary to the above ethos.

And which raises the cost of health care for all, as the Valley Medical Center insurance will pay for most of this i assume.

Ping.

2 posted on 12/28/2013 4:36:33 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: Morgana

ping


3 posted on 12/28/2013 4:42:45 PM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: daniel1212
Maybe the outfit being sued should just shoot the kid in the back of the head.Problem solved...for both sides.
4 posted on 12/28/2013 4:42:56 PM PST by Gay State Conservative (Osama Obama Care: A Religion That Will Have You On Your Knees!)
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To: daniel1212
"You have a disaster"

Lord have mercy on us.

5 posted on 12/28/2013 4:43:15 PM PST by jtal (Runnin' a World in Need with White Folks' Greed - since 1492)
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To: daniel1212
“We are very sorry for the tragedy the Wuth family has suffered,”

They were punished with a child.

6 posted on 12/28/2013 4:46:04 PM PST by FatherofFive (Islam is evil and must be eradicated)
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To: jtal

Lord have mercy 40 X


7 posted on 12/28/2013 4:49:43 PM PST by Mrs. Don-o (What does the LORD require of you, but to act justly, to love tenderly, to walk humbly with your God)
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To: daniel1212

this is not going to end well. These parents do not deserve to be called parents, asserting that they wish they had aborted this poor child.

Pigs! I hope they repent of their craven hard heartedness.


8 posted on 12/28/2013 4:50:30 PM PST by yldstrk (My heroes have always been cowboys)
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To: jtal
You can always tell what kind of people you're dealing with by the way they react to the difficult situations in life.
Some folks would pray to God for guidance.
These people hire an army of lawyers.
9 posted on 12/28/2013 4:54:12 PM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Farmer Dean

“Some folks would pray to God for guidance. These people hire an army of lawyers.”

Well said.

That ‘baby’ is NOTHING but a Cash Cow to them. Disgusting!

I’ll adopt! Send the baby to me!


10 posted on 12/28/2013 5:05:56 PM PST by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: Gay State Conservative

Certainly liberally minded. You must be from MA.


11 posted on 12/28/2013 5:16:08 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: daniel1212

A home movie of his parents singing “Happy Birthday, dear Oliver” should be nominated for “Best Comedy.”


12 posted on 12/28/2013 5:16:23 PM PST by zeestephen
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To: Gay State Conservative

Obamacare is designed to address all these types of problems.As soon as they can get the death panels up and running.


13 posted on 12/28/2013 5:21:30 PM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: daniel1212

Why don’t they just kill the child???

What’s the difference to THEM?


14 posted on 12/28/2013 5:23:37 PM PST by kinsman redeemer (The real enemy seeks to devour what is good.)
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To: daniel1212

Why didn’t they just kill him as soon as they found out he was disabled? If they were so eager to kill him, whether he is inside or outside the womb should not make a difference.


15 posted on 12/28/2013 5:31:14 PM PST by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org/)
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To: yldstrk; daniel1212
this is not going to end well. These parents do not deserve to be called parents, asserting that they wish they had aborted this poor child.

Pigs! I hope they repent of their craven hard heartedness.

The money the won will likely not be a blessing. GREED has a way of destroying lives and souls.

16 posted on 12/28/2013 5:33:34 PM PST by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: cva66snipe

Amen! They have no idea how miserable theyre GOING to be!


17 posted on 12/28/2013 5:36:07 PM PST by MeshugeMikey ( Its beginning to look a lot like Kwanzaa)
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To: daniel1212
We'll then. These parents-of-the-decade should unburden themselves and send their "son" and the $50 million to an organization that will service his needs for his life.

Any chances that happens?

18 posted on 12/28/2013 5:37:02 PM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: FatherofFive

It will be interesting to see how 50 mil ruins their lives and those of their attorneys, who are now fat cats.


19 posted on 12/28/2013 5:40:20 PM PST by healy61
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To: daniel1212

First off, this case might win its appeal. LabCorp ran the test, but they cannot predict the mosaicism that seems to have occurred here. They can only test the cells they had for testing. I see no evidence of any mistake.

Also, unless these parents are sickos from hell (and it looks like they could be), in a year and a half they will withdraw their suit as they fall in love with their precious baby and won’t be fighting for his death. As they go from treatment to treatment, their hearts will swell like the Grinch’s as they see children with greater disabilities and the families that treasure them.

Right now they are just idiots that don’t know anything about life. There are risks. There are secrets: it isn’t all about money or perfect bodies or intelligence. They are in for some major growth.


20 posted on 12/28/2013 5:41:05 PM PST by Yaelle
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To: exDemMom
Why didn’t they just kill him as soon as they found out he was disabled? If they were so eager to kill him, whether he is inside or outside the womb should not make a difference.

So you are asking what would their reaction be to a judge who ordered the child offered for adoption since it was a burden they parents were unwilling to bear, but seeking damages because they now must.

Or was the "healthy or abort" argument in order to get money

I do sympathize with the parents burden, but not the ethos behind the lawsuit.

21 posted on 12/28/2013 5:42:37 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: daniel1212

If these parents felt this bad about the situation, then they should give Oliver up for adoption. I’d bet there would be 1,000 people applying to take him in, even without his $25 million.


22 posted on 12/28/2013 5:42:45 PM PST by HarleyD (...one of his disciples, whom Jesus loved.)
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To: daniel1212; 3D-JOY; abner; Abundy; AGreatPer; Albion Wilde; AliVeritas; alisasny; ...
SEATTLE – A jury has awarded $50 million to a Washington couple who filed a wrongful birth suit after their son was born with mental and physical disabilities.

Wow. These people suck.

PING!

23 posted on 12/28/2013 5:43:33 PM PST by Tolerance Sucks Rocks (...)
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To: Yaelle

See below. If they are seeking damages because they now must care for a child they would have killed, then why not offer the child up for adoption. I am sure some parents who love less than healthy kids would adopt and care for the child at theri own expense, yet i think Valley Medical would be willing for provide a substantial support for such, instead of 50 mil.


24 posted on 12/28/2013 5:46:30 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: Sgt_Schultze

CHANCE = FAT


25 posted on 12/28/2013 5:50:46 PM PST by ealgeone (obama, border)
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To: Yaelle

Their son, Oliver, is already 5 years old. They filed suit when he was 2. By now they’ve seen the other families and their responses to their children’s disabilities. They won’t give up, and neither will their lawyers who stand to earn $17-20M.


26 posted on 12/28/2013 5:58:51 PM PST by EDINVA
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To: daniel1212

Thanks for posting this. Truly sad where our society has gone.

At my youngest son’s ultrasound the doctor told us He had a clubbed foot and there was a good chance he could be Downs. They recommended an Amniocentesis to determine this. When we asked about the procedure we were shocked to find out 1 in 2000 babies die from the procedure. The doctor then pressed and asked if we knew what we could be facing and to consider all the options. I started getting red under the collar and explained to him our convictions. She pressed more asked me to leave the room so she could talk to my wife. Well the MRS. had enough of this talk and she left the room with me. This was amazingly in one of the reddest states in the Bible belt. I was shocked.

About four months later my wife gave birth to a healthy baby boy with a clubbed foot. He had the surgery to correct it and has turned out to be an early blooming athlete; fastest base runner on the baseball team and a great slugging percentage. I have this on the authority of his head coach who may just be a bit biased:)


27 posted on 12/28/2013 6:06:03 PM PST by redleghunter
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To: daniel1212

Yes many wonder why God would allow innocent children to be born with disabilities and illness. We could go on and on discussing this, but in short I think a society is judged on how they respond to their most vulnerable. Do they dump the baby down the well, or do the “hard right” and embrace God’s most precious children?

Yes indeed we are under the microscope so to speak. Someone is watching I can guarantee it.


28 posted on 12/28/2013 6:11:16 PM PST by redleghunter
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To: EDINVA

Oh. They have no shame. Trying to get money at the risk of publicly stating they would rather their son was dead.

Eeeeeevil.


29 posted on 12/28/2013 6:16:31 PM PST by Yaelle
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To: redleghunter

Our family had an ultrasound that showed a dark space in the abdominal cavity and they wanted to do DNA testing because they said the child would probably have Downs Syndrome with abdominal abnormalities. Refused.

The boy is healthy, happy, handsome, smart, no birth defects and off the growth charts for size plus he skis, plays hockey, baseball, football, soccer, golf...you name it.

I think it’s a a scam by hospitals with gov’t grants to gather DNA.


30 posted on 12/28/2013 6:24:18 PM PST by JouleZ (You are the company you keep.)
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To: JouleZ

There may be a scam but these types of tests and the more than willing doctors to refer you to an abortionist smacks of the eugenics crowd attacking on all fronts. We have to remember some of these providers make more money off of aborting than delivering. They are enthusiastic business types and active pawns for the eugenics crowd.


31 posted on 12/28/2013 6:39:20 PM PST by redleghunter
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To: exDemMom

I think they would have to wait until Gosnell (the butcher of Philadelphia) is up for parole ... he and his staff would have had no qualms. Of course the Social Worker in Britain could be a back up as she would just hold a pillow over the face of the “defective” to end it’s misery.


32 posted on 12/28/2013 6:44:02 PM PST by RetiredTexasVet (Some people might call it a confidence game or swindle, others call it ObamaCare!)
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To: daniel1212

The verdict against Lab Corp will be reversed on appeal, and there is a good chance the damages portion against the hospital will be reversed or greatly reduced.

I don’t think the state of Washington recognizes “wrongful birth” as a cause of action.


33 posted on 12/28/2013 6:55:42 PM PST by SeaHawkFan
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To: daniel1212

How much does it profit a man...


34 posted on 12/28/2013 7:00:10 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: redleghunter

Read the book about Henrietta Lacks and Johns Hopkins Hospital using her DNA. That’s where the money is...not so much in abortion.

I think Robin Cook also wrote a book loosely based on this but with a modernistic impact.


35 posted on 12/28/2013 7:01:06 PM PST by JouleZ (You are the company you keep.)
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To: daniel1212

How much does it profit a man...


36 posted on 12/28/2013 7:01:40 PM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: HarleyD
If these parents felt this bad about the situation, then they should give Oliver up for adoption. I’d bet there would be 1,000 people applying to take him in, even without his $25 million.

Indeed!

37 posted on 12/28/2013 7:01:52 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: SeaHawkFan

Taking it to the media, what of misinformation that leads to wrong voting?


38 posted on 12/28/2013 7:38:52 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: Elsie

You can say that again. Again.


39 posted on 12/28/2013 7:39:22 PM PST by daniel1212 (Come to the Lord Jesus as a contrite damned+destitute sinner, trust Him to save you, then live 4 Him)
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To: jtal

We don’t deserve His mercy. Not for abortion. Rev Wright was right but for the wrong reasons.


40 posted on 12/28/2013 8:58:45 PM PST by huldah1776
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To: daniel1212
advising that had they known that the child—a boy,[EDIT: "their son"] who they named Oliver—had defects, they would have sought to murder him.

There fixodent and forget it

41 posted on 12/28/2013 9:03:19 PM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
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To: daniel1212
both school teachers, had been advised that they had a 50-50 chance of conceiving a child with a genetic defect.

That pretty well sums this up. They rolled the dice and lost but they still want a payday.

42 posted on 12/28/2013 9:27:53 PM PST by fella ("As it was before Noah so shall it be again,")
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To: huldah1776
Rev Wright was right but for the wrong reasons.



Are you still killing your unborn?

-- GOD


 

43 posted on 12/29/2013 4:51:53 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: fella
They rolled the dice and lost but they still want a payday.


But then...

As the tests came back normal, the family was assured that the baby was fine.

44 posted on 12/29/2013 4:53:29 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Yaelle

Well said, Yaelle. Well said.


45 posted on 12/29/2013 8:02:48 AM PST by Mrs. Don-o ("There is one God and Father of all, who is above all and through all and in all." - Ephesians 4:6)
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