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.
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.
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.
ping
Lord have mercy on us.
They were punished with a child.
Lord have mercy 40 X
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.
“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!
Certainly liberally minded. You must be from MA.
A home movie of his parents singing “Happy Birthday, dear Oliver” should be nominated for “Best Comedy.”
Obamacare is designed to address all these types of problems.As soon as they can get the death panels up and running.
Why don’t they just kill the child???
What’s the difference to THEM?
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.
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.
Amen! They have no idea how miserable theyre GOING to be!
Any chances that happens?
It will be interesting to see how 50 mil ruins their lives and those of their attorneys, who are now fat cats.
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.
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