50 million settlement for wrongful birth

Discussion in 'Abortion' started by JavisBeason, Dec 19, 2013.

  1. JavisBeason

    JavisBeason New Member

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    http://www.lifesitenews.com/news/jury-awards-couple-50-million-in-wrongful-birth-lawsuit

    [​IMG]
     
  2. Karma Mechanic

    Karma Mechanic Well-Known Member

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    why do you post a lying article?

    '

    There is a legal right to abortion, they had tested for information they did not receive due to negligence and are suing for the results. Again I ask why do you have to lie to make your point.
     
  3. JavisBeason

    JavisBeason New Member

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    I quoted an article... I didn't lie about anything. I posted opinion with the picture.

    Here's more opinion....
    These parents are pos's
     
  4. Pasithea

    Pasithea Banned at Members Request Past Donor

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    From another article on the same subject.

    http://seattletimes.com/html/localnews/2022438460_geneticverdictxml.html

    Hate them all you want, but their lawsuit has granted them enough money to secure medical care and living assistance for the rest of this child's life even after they die they can ensure he will be looked after.
     
  5. SFJEFF

    SFJEFF New Member

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    Since the citation was from a fairly obviously partisan site, I searched for an actual news source

    And of course there is more to the story- more that will be immaterial to the pro-life absolutists but relevant to everyone else.

    A King County jury awarded $50 million to a couple whose son was born with profound mental and physical disabilities after concluding that Valley Medical Center and LabCorp mishandled a genetic test.


    By Carol M. Ostrom
    Seattle Times health reporter


    After his severely disabled cousin was found to have a rare genetic defect called an “unbalanced chromosome translocation,” Brock Wuth discovered that any future children of his were at risk.

    In fact, Brock and Rhea Wuth were told they had a 50-50 chance of having a child with that defect or a related translocation. So they sought genetic counseling and testing and carefully followed all the recommendations.

    When Rhea Wuth became pregnant, genetic tests pronounced their unborn child normal.

    But as soon as their son was born on July 12, 2008, the Burien couple knew something was very wrong. Oliver, who has the genetic defect, was born with profound mental and physical disabilities.

    On Tuesday, a King County Superior Court jury placed the blame — $50 million worth — equally on Valley Medical Center in Renton and Laboratory Corporation of America (LabCorp), based in North Carolina.

    According to court papers in the wrongful-birth case, Valley ordered a prenatal test that can be counted on to find this type of chromosomal abnormality only when the lab receives additional information — a “road map,” essentially — showing it where to look for the specific problem. Valley failed to send that information to the lab, and never told Rhea Wuth that without the additional directions, the test results might not answer the crucial question.

    Although the lab’s own procedures specify it should follow up with a phone call when such information is missing, that call was not made, said the family’s lawyer, Todd Gardner, of Renton.

    The lab missed the translocation. Had the couple known of the genetic defect, they would have ended the pregnancy, according to court filings in the case.

    The verdict is the largest individual award in Washington state history, according to Jury Verdicts Northwest, which tracks jury awards.

    In a statement, Valley Medical Center, now part of UW Medicine, said: “We are very sorry for the tragedy the Wuth family has suffered. We continue to believe that the Valley Medical Center staff members acted appropriately.”

    Medical center officials would not comment about any plans to appeal.

    LabCorp, in a statement, said: “We believe the facts and the law do not support the verdict. 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.”

    The devastating outcome in this case, Gardner argued, began with Valley’s cutbacks to genetic-counseling services at its Maternal-Fetal Medicine Clinic from three days a week to one.

    He said Valley also did not replace the unit’s full-time manager, who quit in early 2007.

    The mistake could have been avoided had a trained genetic counselor supervised the handoff from the hospital to the lab, Gardner said.

    “I don’t think any of these people are bad people, but when you don’t give them the resources to do their job, then you create an environment where mistakes are inevitable,” Gardner said.

    Oliver, now age 5½, has an IQ of 50 to 70, can’t run, walk up stairs or talk beyond a few dozen words understandable to his parents, Gardner said. “He’ll need 24/7 care for the rest of his life.”

    They have arranged special-education classes and daytime help from Brock Wuth’s mother, Gardner said.

    The Wuths, who are both teachers, were “incredibly responsible” in seeking information and testing, Gardner said. “There was nothing else they could have done.”


    So lets review the facts:

    a) The parents knew that they had a 50/50 chance of having a child with this type of disorder
    b) They used the services of a company that tested specifically for that.
    c) The company screwed up the test- they committed malpractise.
    d) The child will require constant care for the rest of his life- 24/7 as described in the article
    e) Assuming $10/hour(which would be about minimum wage) that would be $87,000 a year- $870,000 for 10 years- that is just for attendents- and not for any specialized care.
     
  6. Pasithea

    Pasithea Banned at Members Request Past Donor

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    Exactly and his parents have secured enough money to provide the necessary care their child needs for the rest of his life, so I seriously don't understand how anyone can be mad at them for that.
     
  7. SFJEFF

    SFJEFF New Member

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    Mostly this is angst is the product of people who just are opposed to the concept of abortion, regardless of the circumstances.

    However, I think this is a very good case in point for CHOICE.

    I hate getting into the mud to argue about abortion, because it always seems to be devolve into me being called a defacto murderer because I believe that ultimately it is a woman's choice whether to carry a pregnancy to term.

    But in this case the parents knew that they had a potentially dangerous genetic mix- with a 50/50 chance of have a severly handicapped child.

    They clearly wanted to have a child, but since they had a family member who experienced the exact same thing, knew the ramifications.

    Who am I to tell those parents that they must carry that pregnancy to term and then raise a terribly handicapped child? Who am I to make that decision for them?

    I have tremendous respect for any parents who are responsible parents, but I am very thankful I was never put in this position as a parent.
     
  8. JavisBeason

    JavisBeason New Member

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    I guess some life is more valueable than others
     
  9. prometeus

    prometeus Banned

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  10. JavisBeason

    JavisBeason New Member

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    I'm going to sue the grandparents for wrongful births to 2pos ungrateful parents
     
  11. Pasithea

    Pasithea Banned at Members Request Past Donor

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    Ok. Let us know how that turns out for you.
     
  12. JavisBeason

    JavisBeason New Member

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    I'm sure all that 50 mil will be used for the kid and not sportscars, quitting their teaching jobs.

    Moral of the story, have a retarded kid.... get to retire in your 20s
     
  13. SFJEFF

    SFJEFF New Member

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    Unfortunately you do reflect the blinders that too many Pro-Life people wear.
     
  14. antb0y

    antb0y Well-Known Member

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    What bothers me most about this is:
    Does that kid with an IQ of "less than 70" understand that his parents don't want him and need to be financially compensated for the inconvenience of dealing with him? I hope not.

    Poor kid.
     
  15. Fugazi

    Fugazi New Member Past Donor

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    All this OP shows is the truer agenda of most pro-lifers where after the birth they don't give a flying (*)(*)(*)(*) about the child.
     
  16. JavisBeason

    JavisBeason New Member

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    so you are supportive of this couple's right to abort their kid for mental defects and other birth defects.... would you be as equally as supportive if the couple could test for the mythological gay gene and then decide that to abort if it came back positive? or only abortions for special needs children.


    the test came back said they had a 50/50 chance of this happening anyways. That is pretty crappy odds right there. So they proceed anyways, then when the baby does have problems, they search for a technicality and sue.

    - - - Updated - - -

    if love is based on whether or not you are inconvenienced or if the child is flawed or not.... you shouldn't breed.
     
  17. Fugazi

    Fugazi New Member Past Donor

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    Neither, I support the right of the woman to decide regardless of the reasons.

    Which has nothing to do with the comment I made.
     
  18. prometeus

    prometeus Banned

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    The only thing retarded here is your post.

    - - - Updated - - -

    Is it reading comprehension difficulty, ignorance, bigotry, dishonesty or some combination of them that drives you to post such drivel?
     
  19. SFJEFF

    SFJEFF New Member

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    I support a woman's right to determine what to do with her body in all circumstances until the fetus is viable outside the womb. But of course that is not what this court case was about.

    Did you not read the article at all?

    Their cousin had this happen so they knew that genetically that they had a 50/50 chance of this occurring if they tried to have a child.

    They used the services of a genetic testing company that was testing for exactly this.

    The company screwed up- the company made avoidable mistakes. The company told them that their fetus was defect free but the company screwed up.

    That is what this case is about.

    But if you are so concerned, reach out and offer to adopt this child away from what you consider to be unfit parents.

    And to show how above it all you are, don't take that cash, raise that kid just on your own.

    To show us all how much you care.
     
  20. SFJEFF

    SFJEFF New Member

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    I think that is the least of this 'poor kids' problems.

    Now at least, due to these parents actions, that 'poor kid' will have the resources to pay for his 24/7 care long after his terrible parents have passed away.
     
  21. Pasithea

    Pasithea Banned at Members Request Past Donor

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    Right? Or perhaps it would be too much of an INCONVENIENCE for him to go out of his way to take this child from his so-called unfit parents.
     
  22. SFJEFF

    SFJEFF New Member

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    I have a great deal of respect for any parents who are dealing with the very real hardships of having severely disabled children. As a father, I get tremendous joy from our child, but even a single healthy child is work.

    And I can't even imagine what the real emotional toll this is to the parents. Every parent I know- and that includes parents of disabled(though none as severely as this child will be) anguishes over his or her child's pain and suffering. Add to this the parents trying to figure out how to pay for the aid that is currently necessary and will be necessary for the rest of this child's life.

    Contrary to what the OP thinks, I suspect that these parents are struggling to do the best for their child.

    Certainly don't see any of these fine contrarians stepping up and volunteering to shoulder that responsibility.
     
  23. Makedde

    Makedde New Member Past Donor

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    Y'all can attack the parents as much as you like. You are not the ones paying thousands in medical bills because you have a sick child. Think of the financial burden this is on the family. You might think that a life is more important, but you are not the one in debt, and its likely these parents are struggling.

    Like it or not, there is a right to an abortion - and if you ant choicers value life so much, would you have adopted this child and cared for him yourselves?
     
  24. FreshAir

    FreshAir Well-Known Member Past Donor

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    if the patient requested this test and the doctor lied about the results, then the doctor should be sued
     
  25. tecoyah

    tecoyah Well-Known Member Past Donor

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    That would be the correct assumption.
     

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