Portland Couple Awarded $2.9M in Wrongful Birth Case
It seems we now have lemon laws for our children as well as our cars...
A jury in Portland, Ore., awarded a couple $2.9 million dollars on Friday for the "wrongful birth" of their daughter who has Down syndrome.
Kalanit Levy was born in June of 2007 to Ariel and Deborah Levy, after prenatal testing did not reveal any abnormalities.
The Levys' attorney said Dr. Thomas Jenkins removed maternal tissue – instead of the fetal tissue – from Deborah Levy's womb which resulted in faulty test readings. The suit also faults the medical center for reassuring Deborah Levy that her baby didn't have an extra 21st chromosome.
The couple says they would have had an abortion had the test been done properly and they had known about the Down syndrome.
It wasn't until a few days after Kalanit's birth that a blood test confirmed that the little girl had the genetic disorder. And now, four years later, the Levys are suing the hospital to pay for the extra costs of caring for their daughter.
The Levys said in the suit that they worry about future medical problems and their daughter's ability to interact with others. They have been told by experts that Kalanit will most likely not be able to live on her.