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.
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.
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.
Wow. These people suck.
PING!
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.
CHANCE = FAT
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.
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:)
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.
Oh. They have no shame. Trying to get money at the risk of publicly stating they would rather their son was dead.
Eeeeeevil.
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.
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.
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.
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.
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.
Indeed!
Taking it to the media, what of misinformation that leads to wrong voting?
You can say that again. Again.
We don’t deserve His mercy. Not for abortion. Rev Wright was right but for the wrong reasons.
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