Posted on 02/16/2016 11:41:09 AM PST by Morgana
A Gallatin County jury ruled against a Gardiner woman who was seeking money for her daughter born with cystic fibrosis.
After about two hours of deliberations, the 12-person jury ruled that Livingston HealthCare nurse Peggy Scanson and Bozeman OBGYN Dr. William Peters did not violate their standard of care with Kerrie Evans.
The verdict came on the ninth day of the trial, held before Gallatin County District Judge Mike Salvagni.
Evans sued in 2011 after her daughter, now 5, was born with cystic fibrosis.
Evans’ attorneys Casey Magan and Russ Waddell argued that during Evans’ pregnancy, Evans had chorionic villus sampling (CVS), which is a type of test that can diagnose abnormalities.
That test came back with normal results, but after giving birth, Evans’ daughter was diagnosed with cystic fibrosis, a genetic disease that affects respiratory and digestive systems.
Evans argued that she was not given any information on cystic fibrosis screening, a different test that would have shown that both she and her husband were carriers for the gene that caused the genetic disorder in their child.
(Excerpt) Read more at bozemandailychronicle.com ...
It's the doctors fault they have a disease?...Got it!
This is ridiculous-if the parents were both carriers of the gene, shouldn’t CF have already shown up in at least one of their families and prompted some questions by the parents? I never heard that parents were guaranteed a perfect child-or that they were entitled to sue if they didn’t get one...
As a true FReeper, I didn’t read the whole article; that would require effort.
But from the tenor of the article (and knowing your posting history) I assume the argument the plaintiffs made was that if they knew their child’s condition pre-birth, they would have murdered the child through abortion.
That is simply horrible.
Wonder what the child will think of this suit, when she is old enough to comprehend this thinking,
“My mother would have terminated (kind description) me!!!
Yea basically.
Both parents were carriers for the CF gene. The baby was born with it. They sued saying if they had “known” the baby was positive they would have aborted. They lost.
You should see the picture of the mom, she looks like she was weened off a pickle.
No, no, no, its the doctor's fault they didn't know to murder their child.
When both parents are carriers, there is a 1 in 4 chance their child will have CF. It’s possible that, within the known history of both families, nobody had produced a child with another CF carrier.
I’m glad she found a sensible jury. Too bad the doctors’ insurance companies had to spend so much money fighting this.
All of it being money that would have been much better spent treating their child and finding a cure for CF.
Dang it, these people are being paid to write. WHY can't they see that "after giving birth" is modifying "daughter," rather than "Evans."
I'll bet they think you can find a subject or a direct object in a prepositional phrase, too!
Too much of a pain to find a pic to post, but she looks a couple decades past late-prime baby rearing days.
She looks like the type who would have an abortion for sport and fun.
Parents who see a child as that kind of burden would be unable not to in some manner transmit that to this precious child. Poor baby. God bless her.
The article said she was 38 when she was pregnant. That was 2011. She looks much older to me.
I was guessing 55-60. She does not look 43 to me at all.
She’d have gotten a lot more sympathy from the jury with a $10 box of hair dye.
She gave birth when she was only a baby herself?
This child will be “delighted” when she find out what a burden she has been.
Disgusting !!!!!
.
Not necessarily. That's the way recessive genes work: they “hide” as they are passed down through the generations, unless or until they are paired with a matching recessive gene. Something like one in twenty Caucasians is a carrier of the CF gene, and most don't know it.
Having made the above scientific point, I'll express my disgust at these parents for demanding compensation for not having been given the info they “needed” in order to have their child murdered in utero.
(By the way, cystic fibrosis has no effect on the intellect, so this couple's daughter surely will read all about her parents’ lawsuit. Wonder how she'll feel when she learns that her parents were crushed that they hadn't known enough to kill her when they had the chance.)
I’m sure she will hear it all mentioned in some argument before she reads it anywhere-plenty of kids have begun negative attention-getting behavior when they found out they weren’t as perfect as their parents expected-these parents deserve that and more...
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