"Wrongful Birth" Lawsuit Nets $21M

(AP)  In what is being called a "wrongful birth" case, a jury awarded more than $21 million Monday to a couple who claimed a doctor misdiagnosed a severe birth defect in their son, leading them to have a second child with similar problems.

But because the doctor works for the University of South Florida, the family will have to persuade the Legislature to award most of the money. State law limits negligence claims against government agencies at $200,000.

Daniel and Amara Estrada, whose two young sons aren't able to communicate and need constant care, sought at least enough money to care for the second child, 2-year-old Caleb.

"This is a severely impaired child who will need a great deal of care for the rest of his life," said Christian Searcy, one of the attorneys who tried the case. He called the award "conservative but fair."

The couple claimed that Dr. Boris Kousseff failed to diagnose their first son's genetic disorder, called Smith-Lemli-Opitz syndrome, which is the inability to correctly produce or synthesize cholesterol, after his 2002 birth.

Had the disorder been correctly diagnosed, a test would have indicated whether the couple's second child also was afflicted and they would have terminated the pregnancy, according to the lawsuit.

Instead, Kousseff, a specialist in genetic disorders, told them they should be able to have normal children in the future.

The jury decided that Kousseff was 90 percent negligent and that an Orlando doctor not named in the lawsuit was 10 percent at fault.

A USF spokeswoman didn't immediately return a call seeking comment Monday.

Searcy said he would push state lawmakers to pass a bill awarding the Estradas money over the $200,000 cap.

"I believe that this case is so powerful and this tragedy was so preventable and is so poignant, that it is the kind of case that should rise above the fray and rise above party politics," Searcy said.

[teeus]

"...For instance: Sign the kids up for Social Security. It might take some time, but so will getting a settlement..."
Posted by KaytyB

Well, see, kids can't get SS if the parents make more than $1000 a month.

"...Next up: If they don't want to care for their children, there are homes for them. There exist some really nice privately owned homes for people w/ developmental disabilities..."

And who's going to pay for that? The SS benifits? Trust me, they won't cover "really nice privately owned homes."

It's not as easy as you think.

[kaytyb]

This is ridiculious. Why don't the parents do the responsible thing... instead of sueing.

For instance: Sign the kids up for Social Security. It might take some time, but so will getting a settlement. And SSI will continue till their kids have died. A lot of times the state will pay for in-home care.

Next up: If they don't want to care for their children, there are homes for them. There exist some really nice privately owned homes for people w/ developmental disabilities. Family members can come visit anytime they want and can even sign the kids out and take them for a day or a weekend or week, however long they want. Their Social Security money gets transferred to the home for their care and other state and private orgs help pay for their care as well.

My best friend had a child who is autistic, has downs and cerebal palsy. She also has sezuires constantly. My best friend loved her and took care of her till she was 22. Then she was placed in a very nice home because her mom died of cancer. She is one of the sweetest people I've ever known.

To kill the child just because you had *** and ended up pregnant is wrong. Don't have unprotected *** if you can't deal w/ potential consquences, even if your married.

But I get the feeling this couple probably knew they would end up pregnant, they were just hoping to have a "normal" baby the second time around and were hugely disappointed when it didn't end up that way.

[lamp46-2009]

This is sickening...could you imagine if your parents stood up in front of the world and say if they had the chance they would have killed you before you were born b/c they didn't want you, but b/c a dr. told them they didn't kill you and now they're stuck with you! Oh wow I can just feel the love there.

I know that this is a really rough situation, and that it will take a lot of work and love to care for the child, b/c I work at a home for people with disabilities. But do you know what I've found?? I've found that most of the time people with disabilities are the most loving people and they give so much more than you could ever know.

I don't care what your religion background or political background is this article should bother you. The fact that the parents are wanting all this money and going to the public saying they don't really want a child with this disease and wish he was dead, is morbid. Like I said-I understand the difficulties first hand, but there are so many different organizations/agencies out there to help you and your child that most of the time the parents don't have to pay for their care, or they LEARN how to care for the child THEIRSELVES! Yes imagine that caring for your own child...wow that's a streach for people now a days. You really don't NEED two working parents one can stay home and the other can work and life goes on...

[darkvenusian]

say let the right wing nuts pay for them. They want to stop aborations so they should pay for the care instead of us who say if you don't believe in aborations don't have one.

But the right wing nuts wants us to pay because they can't.
Posted by antoniof123 at 12:05 PM : Jul 24, 2007



Antioniof123- I would suggest learning to spell your topic of debate before addressing it. Your words and ideas are an abhor-"ation". Not all conservatives are nut-jobs. But anyone who can look at a disabled child and say they are better off dead is reminiscent of a leftist-Nazi, and I find such ideas outrageous and unfair. The further we digress from the values this country was founded on, the more corrupt we become. And why people don't realize that is beyond me. It's right in front of our faces. We are simply in denial. What is to blame? Liberal ideals such as these.

As far as the doctor and his alleged malpractice goes- we should not rely on technology to make decisions for us. People are not infallible. People created the technology to conduct such medical tests, therefore TECHNOLOGY is not infallible. If the parents were so concerned, they should have gotten more than one opinion. They exersized CHOICE when they decided to conceive. From there on- the responsibility and consequence rested on them alone.

[my2centss]

Your DNA is flawed, and you want someone else to pay you because he cannot tell the future? You deserve nothing.

[mommyof01]

you people are idiots...my last name is spanish and yet i was born here and dont even speak a lick of spanish. I can't believe that just because someones last name is latino you have the right to judge....you know what that makes you a RACIST....what do you think that a woman wants to suffer the same heartbreak again with another child? im sure it's hard on here but how do you think she feels? do you think she wants to see both of her sons struggling and needing help the rest of their lifes? of course she doesn't she wanted to save a child from being like that and i am against abortion but a womans choice is her choice i have a 2 1/2 month old son and i love him more then anything in the world and if there was anything wrong with him i certainly wouldnt have terminated him but thats my choice...did any of you factor in how expensive a child is?? i bet you didn't or how about a terminally ill baby...how expensive can that get without good insurance..they deserve the money honestly to be able to study this disorder more and help their sons and someone said they didn't say anything about love? your an idiot because as mad as i would have been if something was missed with my son i would get justice for them...so they got money who cares its the justice thats satisfying. People should know better especially moms so if your men the shut the hell up because you don't know anything about being a mother at all.

[nothappyatall]

"Maybe the medical profession is a bit greedy for putting families in such situations where they simply have to sue to cover the bills and keep whatever little belongings they have left. That ever occur to you?"

Did it ever occur to you that when you CHOOSE to have a baby you take risks, up to and including death of the mother? WHen you CHOOSE to take the risk and it goes badly, that's YOUR problem, no one held a gun to their heads and forced them to have another baby. They made their bed, now go lay in it.

[paulajoy-2009]

1) Why can a doctor terminate a young human life but, if a pregnant woman is murdered than the person responsible is charged with 2 murders?? Why not 1 murder and practicing medicine without a license?

2) WOMENS RIGHTS!! WE women have the right to choose whether we keep our not yet born children alive!? What if that child is a girl,,,,, Doesn't SHE have the right to choose whether she would like to live or not?

3) If these parents don't want their child, why can't they go ahead and just kill it now? What's the difference between being out of the mother's stomach and in it when you get killed?

If you agree or disagree let me know @
www.myspace.com/myopinionatedspace

[paulajoy-2009]

1) Why can a doctor terminate a young human life but, if a pregnant woman is murdered than the person responsible is charged with 2 murders?? Why not 1 murder and practicing medicine without a license?

2) WOMENS RIGHTS!! WE women have the right to choose whether we keep our not yet born children alive!? What if that child is a girl,,,,, Doesn't SHE have the right to choose whether she would like to live or not?

3) If these parents don't want their child, why can't they go ahead and just kill it now? What's the difference between being out of the mother's stomach and in it when you get killed?

If you agree or disagree let me know @
www.myspace.com/myopinionatedspace

[paulajoy-2009]

1) Why can a doctor terminate a young human life but, if a pregnant woman is murdered than the person responsible is charged with 2 murders?? Why not 1 murder and practicing medicine without a license?

2) WOMENS RIGHTS!! WE women have the right to choose whether we keep our not yet born children alive!? What if that child is a girl,,,,, Doesn't SHE have the right to choose whether she would like to live or not?

3) If these parents don't want their child, why can't they go ahead and just kill it now? What's the difference between being out of the mother's stomach and in it when you get killed?

If you agree or disagree let me know @
www.myspace.com/myopinionatedspace