Couple sued for the money to take care of their child’s condition
A Portland, Ore. couple was awarded $2.9 million on Friday for the care of their Down syndrome baby, who they argue would not have been born if doctors had not been “negligent” in their pre-natal care.
Ariel and Deborah Levy won their “wrongful birth” suit against Legacy Health System, arguing they chose to continue their pregnancy based on what doctors told them, according to ABC News, and would have terminated it if they had not been assured their baby did not have the genetic condition.
Jurors found five instances of Legacy Health’s negligence, including a doctor’s finding that the baby had a normal chromosomal profile based on a test that was performed and analyzed incorrectly.
Thirteen weeks into Deborah Levy’s pregnancy, according to The Oregonian, her doctor tested a sample of tissue and concluded the baby did not have any chromosomal problems. Even though later tests suggested it might have Down syndrome, doctors assured the family that nothing was wrong.
A week after the baby was born, the Levys discovered their baby did in fact have Down syndrome. The doctor had taken a sample of the wrong kind of tissue, according to the lawsuit – a mistake that was never caught.
They also argued the doctors were “negligent in their performance, analysis and reporting” of their daughter’s test results after she was born.
The child is now four years old.
“It’s been difficult for them,” the family’s lawyer David K. Miller told KATU-TV. “There’s been a lot of misinformation out there.
“These are parents who love this little girl very, very much,” Miller said. “Their mission since the beginning was to provide for her and that’s what this is all about.”
The Levy family originally sued for $7 million to cover the costs of care for their daughter over her lifetime.
While the parents chose not to comment after the verdict, the health care company hit back at the decision in a statement.
“While Legacy Health has great respect for the judicial process, we are disappointed in today’s verdict,” the statement read. “The legal team from Legacy Health will be reviewing the record and considering available options.”