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Parents Sue For Millions After Daughter Born With Down Syndrome

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An Oregon hospital is facing a multi-million dollar lawsuit from a couple who say doctors wrongly assured them that their baby would not be born with Down syndrome.

The parents say they made a decision to proceed with their pregnancy after doctors at Legacy Health in Portland, Ore. told them numerous times that prenatal tests “definitely ruled out Down syndrome,” according to court papers.

But the couple’s daughter, who is now 4-years-old, was born with the chromosomal disorder. Now, they’re suing for $7 million, the amount the parents estimate it will cost to care for the girl throughout her life.

The hospital declined to comment since the case is currently at trial, but experts say that reading the results of prenatal tests can be tricky, reports KATU, the ABC affiliate in Portland, Ore. To read more click here.

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Comments (15 Responses)

  1. Tri21Mom says:

    I think this is absolutely absurd!! I have a son with DS that will be 4 in May and treasure EVERY single moment with him. I think it’s very sad that our society now a days is still ignorant enough to term a pregnancy just because of the chromosomal disorder. What will their daughter think of them when she finds out that she pretty much isn’t wanted because she has DS. I didn’t have the prenatal test done but never in a million years thought that if I did, I would have termed it. They should be ashamed of themselves!!!

  2. Lisa says:

    There was another case like this in Florida that I read about a few months ago. I believe that child was born without some of her extremities but had normal intelligence. Pre-natal testing is not always accurate, and women are told that at the time of testing. I think these parents are piggy-backing on the Florida case. It is sad that these parents children will be able to read about how they wouldn’t be around had their parents known. These children are products of their parents’ genes so no doctor is at fault. If these parents didn’t want these children, then they should’ve put them up for adoption right after giving birth. I bet there are people who would be happy to raise these children. By the way, I have a 20 yr. old some with autism and mental retardation who I love dearly. Maybe these parents should look up what “unconditional love” means!

  3. Kathy Harrison says:

    What a sad commentary on the value of a child, any child. Genetic testing and ultrasound has brought us dangerously close to ordering custom made kids. Have we gone to far? Having a child means accepting a child, regardless of who he turns out to be.

  4. Donna Broden says:

    All children are a blessing from the Lord. Those tests are not perfect or always accurate. Trust in the Lord, and Him only.

  5. Denise Shoaf says:

    Been there, (almost) done that and, glad I didn’t. So what are the parents saying….they would have aborted had they known they were carrying a baby with Down syndrome? Will they tell their 4 year old daughter that if she asks them how they got so rich? Tis a strange world we live in. My prayer is this: Holy Mary, Mother of God, Pray for us!

  6. Denise Shoaf says:

    P.S. $7 million is chump change

  7. violetred says:

    I can’t take any more of these articles. They literally turn my stomach. How can a parent tell their own child that they wish the child had never been born? Ugh. I need a tums.

  8. Jelanismom says:

    I always say it takes all kinds….there are actually people who are so greedy selfi sh and undeserving of a child who would sue a hospital because they produced a child they didn’t want, a child they see as worthless. My son is 9 and has Down syndrome, he was born weighing 1 pound six ounces and is the absolute joy of my life. Like any child, he requires love and attention and yes, a little extra help. But 7 million dollars is outragous! I’m a single parent and was well aware of his diagnosis before he was born. I thanked God that He blessed me with a son and that my son survived, regardless of his extra chromosome. I have become a better person because of him. I love him more than anything in this world. It looks like the statute of limitations (4 years?) To sue was about to run out and those parents wanted to make some money off of their daughter they deem as worthless. May God protect that little girl from learning the truth about her parents. Makes me want to just cry.

  9. Leticia Velasquez says:

    This is why the rest of us who are pregnant with babies with Down syndrome face enormous pressure to abort. The doctors are afraid of such frivolous lawsuits. The couple conceived the child, and yet the doctor is responsible for the number of chromosomes. I call this opportunism.
    Why doesn’t this couple just give up their daughter to someone with a greater capacity to love, move on and have another child they can get their self centered hearts around?

  10. Ann says:

    The medical community has been promoting the “search and destroy mission” of people with down syndrome for years. Their success rate is 90%, which is the number that choose to abort when given a diagnosis. With this culture of testing and destroying, this lawsuit is not surprising. It is why the medical community and companies who can promise testing put millions into research…. making sure that children with the condition are not born. The outrage should be focused on the medical community that puts money into destroying as opposed to helping those with the condition. This lawsuit is an outgrowth of the medical culture that surrounds down syndrome, And it is outrageous!

  11. Sandy McCarty says:

    so glad she was born. I hope she has a wonderful life and that you can enjoy your detour from Paris to Holland. What I mean is sometimes things aren’t as you want them to be and your world might be changed but your new destination can be rewarding and filled with joy. live and love one day at a time and when necessary one minute at at time. Pray you meet Jesus as your savior and know that the Holy Spirit also known as the Comforter will be with you through it all.

  12. Paul Harvey says:

    So if the parents had been told there was a chance of Downs, they would have aborted — sad — perhaps the parents are mentally challenged and their parents should sue the doctors that didn’t diagnose their mental disability.

  13. marybeth says:

    Have any of you cared for a special needs child? It takes a lot of money. Insurance covers some but not all medical treatments. Some women have to quit their jobs to be available for endless therapies, speech, OT, doctors appts, and other things that typical children don’t have to deal with. Don’t assume the worst case scenario. These parents were probably not financially ready for this, which is why they asked the questions before the baby was born. In addition, they probably want to make sure this child is well cared for after they are gone–another HUGE worry of parents with a special needs child.

  14. natasha says:

    to Marybeth:
    your right! However, does that mean they have a right to sue?? there are no guarantees in life. As a nurse, I have seen “healthy” children diagnosed with cancer at all ages. I even met a mother who son suffered a stroke at 10 and ended up in a wheelchair with brain damage. who Do do they sue then?? If they were really against having her with Downs, they should have given her up to a loving family who could have supported her. They both have good jobs. Why wait till shes 4 to even say those things..its very sad

  15. Melissa says:

    That’s very sad. But they do not have a right to sue. I am glad they didn’t now of they planned to terminate. But if they are worried about the expense of the child they don’t have to keep her. Plenty of people in the world can’t have children and would be glad to take on the expense and the hardships just to have a child at all. If she is such a burden, give her to someone who will love her.

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