Published on March 12th, 2012 | by James Johnson0
Couple Awarded $2.9 Million In “Wrongful Birth” Lawsuit
Wrongful death lawsuits are fairly common in the medical world however an Oregon couple this week flipped that scenario and were awarded $2.9 million on Friday for “wrongful birth.”
The couple claimed in their lawsuit that they would have terminated the birth of their child had they known that the baby would be born with Down syndrome.
Ariel and Deborah Levy sued Legacy Health System for negligence after the company failed on five attempts to take proper tissue samples necessary to determine the chromosomal profile of the couple’s child and then failing to correctly read the information that was gathered.
Lawyers for the hospital said they were “disappointed” with the cases verdict and they may appeal the courts decision. The couple originally asked for $7 million to care for their now four year old son.
After the case Ariel and Deborah’s lawyer said:
“These are parents who love this little girl very, very much. Their mission since the beginning was to provide for her and that’s what this is all about.”
According to the Oregonian as the jury filed out the Levys mouthed the words “thank you” to the jury.
Do you think the family was properly awards given the hospitals failure to properly diagnose the child before birth?