A jury awarded nearly $3 million to an Oregon couple who sued after their daughter was born with Down syndrome.
Deborah and Ariel Levy sued Legacy Health System arguing that they would have aborted their baby had they known she would have Down syndrome.
Despite concerns during the pregnancy, the Levys said that doctors at the hospital repeatedly assured them that prenatal testing for Down syndrome was negative.
However, jurors determined late last week that the negligence of hospital workers led to incorrect results.
Now age 4, the Levys say their daughter needs a variety of therapies and experts indicate it’s unlikely she’ll be able to live independently as an adult. The couple say they sued in order to ensure that their daughter would be financially taken care of.
Hospital officials expressed disappointment over the verdict and said they may pursue further legal action in the case, reports The Oregonian. To read more click here.
Disgusted! Why didn’t they just give that precious girl to someone else to raise…someone that would have loved her unconditionally?
Sure, because unconditional love will certainly pay for all the therapies the child needs. After all, the government will pay for the best care for the child. And, hey, let the doctors get away with mistakes. That’s OK too!
I actually have a serious question. When a child is born with Down Syndrome, can doctors make an accurate prognosis about the child’s future independence and abilities? Or do you have to wait until the child is past a certain age to predict whether their developmental delays will be permanent or not? The reason I ask, is that a prenatal diagnosis of Down Syndrome always seems to be the worst case scenario (multiple health problems, eventual institutionalization, etc.). But can you really predict that in utero or even in the toddler years? Or do you have to wait and see how the child develops over a certain period of time?
I am saddened to know that they would admit, while holding their precious child, that she is so worthless that she should have been aborted. They have not done their homework in understanding the hope for the future of their daughter. I hope the child never finds out how her parents would’ve killed her had they known.
I am in a state of many emotions right now. I have a son with Down Syndrome and to answer your question violetred, no they can’t make an accurate prognosis about a child’s abilities or independence or anything about what that child can do! My son has exceeded his dr’s expectations and he’s only 3. He goes to therapy 3 times a week for occupational therapy, speech therapy and physical therapy, he’s a HEALTHY toddler, he is NOT dumb by any means, he acts and is treated like a normal kiddo and everyone that he encounters, not only accepts him but loves him. It sickens me right down to my very core after reading the full story that the parents claim they love her and are just looking out for her well being. They wouldn’t have even gone through with the pregnancy if they had known beforehand. I say that if Legacy hadn’t of screwed up, their daughter wouldn’t have even had a chance. Down Syndrome is NOT the plague people. They are human beings who only want acceptance and to be loved by our society that still believe they should never be given a chance to begin with. My heart weeps for such ignorance.
Dear Violetred:
You ask a fantastic question! As the mom of two daughters, one with Down syndrome, I remember having that same fear when my second daughter’s condition was diagnosed. (She was diagnosed prenatally, and we decided to go for it. Intuitively, I sensed it would work out, and it’s been so much better than we even imagined.) And you hit the nail on the head. What is often presented by the medical community at diagnosis, unfortunately, is a far grimmer picture than the reality of real life with most children with DS. Here’s a great link to check out in terms of a recent study of the level of happiness in a few thousand families who have a child/sibling with DS: http://tinyurl.com/7t9svax. While it’s true that it’s no easier at the outset (prenatally or at birth) to assess the level of cognitive challenges a child with DS might face than it would be to predict the IQ level of a typical child; it’s also true that we can’t we readily know what possible challenges a “typical” child might face, such as learning delays, dyslexia, behavioral issues, mental health issues, ASD (autism spectrum disorder), etc. There is always a risk factor.
However, what we do know is that, more and more, as early intervention is better understood and implemented, and society’s willingness to see and accept disability as a natural phenomenon (and not necessarily a “bad” one) increases, kids like my daughter have a pretty statistically positive outlook. My daughter is in a general classroom with her typical peers, learning just like any typical child would. She makes straight A’s on her spelling tests, she reads at least a 3rd grade level but struggles with math like mad. But regardless of her intelligence, her peers *love* her. She’s actually a popular kid. Trust me… did I expect that? No way. Has it been easy? Nope. We deal with a level of civil rights oppression that I could never have imagined. It’s not life with her that is hard. It’s life with a society that worships perfection, and achievement at the expense of quality of life. I cannot begin to quantify what she has taught us in terms of learning to be in the moment and enjoy life *right now* and, this is the best part, remembering to laugh. She has a better sense of humor than most adults I know. I could go on and on, but this suit has been a sobering, dare I say painful, wake up call to so many families like mine that our culture truly lives in the dark ages when it comes to understanding the realities (and the upside) of Down syndrome. Thanks so much for your frank question. (ps: I’m with ya, Talissa! This is tough stuff. And yet, it’s an opportunity to educate. What you wrote is right on. Thank you.)
I think this is outrageous, and I am a mother of a child with profound disabilities AND a lawyer. I have no law suit verdict or trust fund for my profoundly disabled daughter. I, like many other families, had to relly on governmental programs to provide what we needed to keep our daughter living with us in her home. If this family says they would have aborted their child if they had known she would have Down syndrome, then they do not deserve to raise her. They do not deserve to share in the innocence and pure joy that she will bring into the world and to
all who know her. They do not deserve to participate in the wonderful network of families who raise these special children. Shame on them for sending the wrong message about the value of their daughter’s life.
Violetred is correct. This child should have received early intervention. If she received that, is educated in an inclusive environment, and is fairly healthy she can have a great life and be far more productive than prior generations had the chance to be. Because inclusive education is new–we truly do not know know how much a child can achieve–but I know young adults with DS who are in college. Sadly these parents are not only sue happy–but they are part of the over 90% of people who ignorantly don’t give babies with Down syndrome a chance. Over 90% are aborted and that is a tragedy that can only be changed with education and awareness. My daughter has DS, is eleven, and is a true joy to us and to many others. As Cynthia stated–others would gladly have stepped in to raise this child–they did not have to ‘keep’ her–just give her the chance to be born!
I’m disgusted, shocked and deeply saddened by this lawsuit and its outcome.
There is NO doctor in 2012 that can foresee what this child or any child with Down Syndrome or any person with disability will be capable of doing in the future. Not a single one of them. There isn’t any research that has the power to see in the future. There isn’t much research out there. As a doctor you study 2 pages about the common features and that’s it. You can’t call yourself an expert by reading a two pages summary.
Nevertheless over the last 10 years there has been immense progress, let alone over the last 60 years, in regards to Down Syndrome and their abilities. Everyone – teachers, researchers agree that with continuous support and education, people with Down Syndrome can live healthy, independent and productive lives. We have young adults that go to college and have degrees. They are human rights advocates, actors and active citizens in our society.
We have no right to treat them as if they are worthless.
I think the social services should investigate this family as they have publicly announced that they don’t want their daughter. They even stated they would have aborted her if they knew. A parent of any average child who announces in a newspaper that they don’t want their child, looses his/her child. I think the same should apply to these parents. They are not fit to be parents to any child. It is cruel what they have done. My thoughts are with the little 4 year old. I wish you the best ever future. Is the court going to make sure your parents spend every penny of the $2.9 million on you? No, I don’t think so.
I must add one more thing–I wish this couple would do the right thing and give this child to a family that wants her–along with the 3 million. They don’t deserve a dime–and they don’t deserve her.
Having a child with Down syndrome does not cost millions of dollars. In fact, unless they have other complications, like heart problems, they don’t cost much more that a typical child. And no, there is no way to predict the intelligence level
or functional level of a child with downs in utero or after birth. No more than it is with any other child. People with DS live full, functional lives, hold jobs, go to school and some even get married.
Additionally, no one ever says those prenatal screening tests are 100% accurate. it is wrong to hold a medical facility liable for something they cannot create, predict or alter. this sets a bad precedent aside from just being a horrible way to treat a human being.
Wow. I hope their daughter doesn’t read this when she is old enough to understand that her parents would have aborted her had they known she had Down syndrome. One can only hope that the judge ordered that the money be put into a special needs trust for the little girl. Both of my daughters happen to have Down syndrome and I love my children as they are for who they are…as every parent should.
Right on Cynthia, Talissa, Julie!!!! My thoughts exactly!
How very sad. I hope the child never finds out that her parents argued in court that they would have killed her if they had known she was not perfect.
If you set aside the particular type of disability and try to be objective: the parents were told X and the health care providers (doctors, lab technicians, hospital employees etc.) should have told them Y then this is an error on the part of the health care providers. End of story. It doesn’t matter that this particular child has DS-the situation could have been any disease or disability and the result is the same. This was a misdiagnosis and the healthcare system is responsible.
I find it disgusting a parent would say they “abort” a child because of disabilities. They apparently have never encountered a person with developmentaly disablities….
That baby should be adopted to parents who want her.
AS A PERSON DIAGNOSED AS HAVING DOWNS AT BIRTH I KNOW FULL WELL THAT DOCTORS ARE OFTEN WRONG WHEN THEY MAKE PREDICTIONS ABOUT BABIES BORN WITH DOWNS. MOM WAS TOLD I WOULD NEVER WALK OR TALK AND WOULDN’T LIVE TO SEE MY EIGHT BIRTHDAY. BUT I WILL TURN 50 THIS YEAR! MY ADVICE TO ANYONE RAISING A BABY WITH DOWNS IS MAKE SURE YOUR EXPECTATIONS ARE HIGHER THAN THE DOCTORS AND THESE PARENTS. AND TEACH YOUR KID TO NEVER GIVE UP! <3
Aside from the sadness of a family not wanting their child, I think the legal issue is did the dr. actually make a mistake? If the test came back negative and was performed properly there would be no reason to tell the family anything otherwise. Not to mention the tests are not definitive anyway. They give you a percentage based increase- so if it comes back positive then they say “you have a 45% greater chance of having a child with Downs” or whatever. So, I am not sure there is any way to be held responsible for test results that are already vague. That said, my daughter was diagnosed with lethal dwarfism, a trisomy and heart failure in utero. We were told several times to terminate. We were told that her chances of survival were less than 1%. We planned her memorial service before we celebrated her birth. And she is 3.5 now. No health issues at all. We saw 6 different specialists. Just sayin’.
Okay, I can NOT believe some comments I have read. I have a son that has Down syndrome, he’s not a burden, he’s a human being. A person that is born with Down syndrome deserves a chance at living a life and should be respected.. My son is included in school activities with his peers, he’s a part of his peers and is treated with respect. It makes me sad that someone could abort their baby born with Down syndrome. Yeah, my son needs Speech and OT, big deal.. GIVE THE PERSON A CHANCE AT LIVING A LIFE. When my son was born,I said to all my family,” if you can’t treat as person first we do not need you in our life”. So my son is a person with Down syndrome.
I meant the comments on Oregonlive. It’s just sad.
Paula Rule, you rock. I couldn’t have said it any better.
Read the book called “My Emily” by Matt Patterson. This book tells the story of a hurting family, an amazing little girl and a mysteriously faithful God. Emily wasn’t born perfect – so one might think. She was born with Down Syndrome and many would jump to the conclusion that she would have very little hope for a life with any significance. Awesome and heartwarming, touching book.
OMG! How sad can you get! Too talk about your precious child this way! Like she’s worth nothing too them. Where’s the 3 million for all the other down symdome kids? Sounds like their just money hungry to me. I have a 12 year old son with autism, and I would take nothing for him. I’m just afraid this little girl will be put away so they don’t have too deal with her. God bless her! And take care of her!
I have mixed feeling about this and and this is coming from someone with a very mild neurological/learning disability, someone who supports disability rights and someone who has actually worked with people with disabilities.
I can imagine to the best of my ability how hard it is to raise a child with any kind of disability, in my mothers case she had to worry about accidents as I was hyperactive and accident prone, she had to worry about my education and chances of employment, ok I was educated and I have been employed in several jobs but she never had to worry about my ability to live independently because I showed signs of being capable of that and more and no she never thought about aborting me because she acknowledged my right to live and did her best.
However in Deborah’s and Ariel’s case they have a lot more to worry about and I mean a lot more! They have probably had all the necessary tests done and most people with Down Syndrome are capable of a lot of things they tend to experience difficulties living independently and generally need assistance in almost every area of their lives, perhaps they wanted to abort their child because they didn’t think they could handle life with a special needs child? If that was the case then those fears and concerns are justified, understandable and should not be judged. In saying that I am glad that this precious child was born and has a chance to contribute something valuable to society and she has every right to live but there are two sides to this and people need to realise and understand that.
In regards to suing the doctors for supposedly inaccurate test results is absolutely unreasonable as these doctors are human not God, they make mistakes too
to publicly spit on God’s gift has to be an awful sin. i would not want to be those people!
The money awarded is to pay for the cost of living for the daughter with additional doctor and specialty school costs. They went to get tested before hand to see if she had down and the lab personal extracted and tested the mother’s tissue instead of the child. The whole purpose was to ensure the child wasn’t going to have down since it’s common with older mothers, they messed up.
To these parents their daughter is not “worthless.” She netted them 3 million. The court system should have suggested they give up their rights as parents and place her with a family who would have happily raised her for much less and provided her lots of love. The prenatal testing to screen for Down Syndrome is just that, Screening. An amnio isn’t even 100% accurate so I am amazed that the courts would award such a judgement.
I suppose that this case has many unanswered questions that only the jurors and judge will ever really know. I wish to know how many “tests” were given by Legacy. In most cases, these tests are not conclusive. I have heard of opposite cases where parents were told by professionals in the field that the baby/fetus was to be born with Down syndrome only to discover at birth that the child was perfectly healthy. So, what do we say in those cases….shall everyone sue in these “wrongful births” scenarios? The parents of this little girl have the right to choose; however they have just been awarded a substantial amount of money for NOT seeking a “second-opinion” from another medical doctor or facility if they were that concerned.
I found the story pathetic when I heard a lawsuit had been filed. I am now thoroughly disgusted to see the degree of ignorance still existing today/2012 in our country regarding special needs individuals, Down Syndrome in particular. That a jury would award these pathetic parents 3 million dollars is outrageous.
I am a single mom with a beautiful 19 year old daughter with Down Syndrome. She is high functional, happy, healthy and my joy. If these pathetic folks were angry enough about having a child with DS to sue, I cannot imagine how they can be the loving, nurturing parents she needs. I hope the hospital appeals and wins!!!!
Abortion is still a choice, and this article is not about abortion. Who are you all to judge what any other parent does before their child is born? Who are you to dictate that these people should just be grateful the hospital messed up? Their right to be fully informed and to make decisions based upon that information was removed by the hospital’s mistake. As a result, they do have a malpractice case. That’s what the issue is. Had I known how severely disabled my son would be, how often he would face death and endure daily suffering, I, too, would have considered aborting, as I believe his soul isn’t present until birth. Your beliefs (and apparent violation of posting guidelines here, as religious judging is abusive language) do not get to dictate my worth, my ability to make informed decisions or my child’s worth.
Whether to continue a pregnancy is a decision that is legally and spiritually between a family and its Supreme Being, should they choose to believe in one.
Hopefully this little girl will never read this article. I have a child with special needs and it takes a lot of money to cover his therapies, 90% of my time, and I haven’t sued anybody, and don’t intend to.
Mamatat you make some valid points and I am sorry for what your son and family endures. Unfortunately we do have the right to judge these people for the decision they would have made before their baby was born. They made it grounds for public opinion when they entered it into public record by suing. After her birth when they knew she had DS they had another opportunity to make an informed decision. But it was a contrary decision to keep her and not give her up for adoption when they stated they would have aborted had they known prior. It just comes off as a greedy money scheme at the expense of their daughter. The mistake was in the testing or lab results which are never without error. To me this would be equivalent to suing because ultrasound showed a girl and it ended up being a boy. I think the outrage you read is not over religion or political beliefs but that of parents who have unconditional love for their children and cannot imagine a world where they would have wished them never born.
As a mother of a six year old with Ds and five typical children (who are by no means perfect themselves), I find the actions of Deborah and Ariel Levy beyond contempt. How can they look at that beautiful face and say “if we only knew…. we would have killed you.” This is not the first case of wrongful birth being rewarded by an insane legal system. Hey Deb and Ari – guess what – these children have more worth in their little fingers than you will ever possess. You don’t deserve this child! She should be suing you for wrongful parenting!!!
This is part of the bigger silent genocide that is happening to children with Ds – 9 out of 10 babies with a positive test for Ds are aborted – this isn’t prevention – this is MURDER – plain and simple. Now they tell us that they can do genome mapping to locate “other disabilities and conditions”. Will we start aborting if we see there is a chance the child will develop leukemia or breast cancer one day? What the heck is happening to the heart and soul of this country? I for one, say it is time to get it back and if you only want “perfect” children – then stay childless because you do not deserve to be a parent.
They sued to get rich and because they don’t want her. They don’t want the stares. They want the cookie cutter blonde toddler. Well you know what? Send her my way! She will have an awesome uncle to hang out with who turns 34 tomorrow and still goes to therapies and programs daily. People like this make me sick. Having some one with Down Syndrome in my life has changed me and it has changed me for the better. I can’t imagine my life with out him in it. Stories like this make me so mad because this beautiful little girl will be the one who suffers; no one else.