"Wrongful Birth" Lawsuit Nets $21M

Florida Couple Wins Claim Against Doctor Over Misdiagnosis Of Birth Defect In Second Child

(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.

[elukacek]

BIRTH DEFECTS or not most people would do anything to have the love of a lifetime from the joy of a child. Not all tests are 100% accurate to begin with some tests can cause trama to a fetus and some may be contaminated and say their is an issue and then you will never know what could have been. Its a scary risk everyone takes, and i wish this family the best of luck and i'm happy they won a reasonable settlement and i cant imagin taking care of two children with dissabilities is easy but god give you what he believes is right for you!

[zoltaric]

These people are sick. Why don't they sue God. Unbeleivable stupidity in this world. Good thing I wasnt on the jury.

[perimogi]

"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.

What a horrible statement that Caleb will live with forever, from his parents point of view, he is a preventable tragedy. Give the boy up to someone else please.

[dbstevens]

I'm sick and tired of all these ridiculous lawsuits. Sure, some are warranted, even some againts grossly negligent doctors. But diagnosis is NOT a perfect science, and doctors are human, which means they are not perfect either. So many of these lawsuits imply that they expect perfection from humans. That's stupid.

I am getting very, very sick of Americans and their lawsuit-happy greed. They're one of the main reasons our judicial system has decayed into chaos and idiocy.

I DO feel sorry for this child, and for his parents' situation. But this lawsuit is absurd.

[Syndicate]

Smith-Lemli-Opitz Syndrome (SLOS) is a genetic disorder that affects the development of children both before and after birth. The syndrome was first described in 1964 in three boys with poor growth, developmental delays, and a common pattern of congenital malformations including cleft palate, genital malformations, and polydactyly (extra fingers and toes). Although the name "RSH syndrome" (after the first initials of the first three patients) was first used for the disorder, the syndrome is now better known by the names of the three geneticists who first described it, Smith, Lemli, and Opitz. Although SLO/RSH Syndrome has always been known as a genetic disorder, the cause was not known for the first 30 years after its description. In 1993 scientists discovered that children with SLO/RSH Syndrome are unable to make cholesterol, an essential nutrient that is not provided by the mother to the baby before birth. Because the body also makes most of its own cholesterol after birth, children with SLO/RSH Syndrome continue to have trouble with development and general health after birth. The discovery of abnormal cholesterol metabolism in SLO/RSH Syndrome has made possible not only a laboratory test for more precise diagnosis of SLO/RSH Syndrome, but also provided a rationale for treatment of affected children. Given the advances of medical treatment, often the children can now live to adulthood.


from SmithLemliOpitz.org

[remmeler]

Give the boy up to someone else please.
Posted by perimogi

Hey Perimogi, good idea, why don't you contact them and offer to take them off their hands. I hope you have a lot of money to support their lifetime care.

These are children that won't get adopted very easily, I glad you are offering.

[antoniof123]

I 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.

[jbbuzbee]

Response to Brucestevens:

This seems far from "lawsuit happy greed". No one is saying that doctors must be perfect, but when they make a mistake (given the consequences) they must be held responsible. Thats why they make the big bucks. Thats why they have malpractice insurance (oddly, no one ever mentions that attorneys are constantly sued for malpractice...do you make this argument for them?). This didn't seem to be a case of the parents expecting perfection...it seemed to be a simple case of not performing the proper test.

As for the person stating that they should "give the boy up to someone else"...thats just stupid. It is ridiculous to expect someone to take a child with severe disabilities simply from a financial standpoint...not to mention the many other more important reasons.

[wings14fn]

In this case, I say they have the right to sue. They were misled when the doctor said their subsequent children would be normal. This obviously wasn't the case. Now they have two severely disabled children and will need money for their upkeep.

[agnim]

More example of an in-justice system run amok in this delusional age in which doctors are expected to be infallible.

Sure there should be help with the care of the children; but if a severely diseased child is worth $21 million, how much is a healthy child worth? LOL

[gkc99]

"Sure there should be help with the care of the children; but if a severely diseased child is worth $21 million, how much is a healthy child worth? "

Can't you read? They can only collect $200K, which certainly would not support a severely disabled child, thanks to the Jeb Bush and Republiscum limit on medical malpractice damages.

[tropikbreze]

The younger child is 2- I think the internet has been around for a lot more than two years. If I had a child with a medical problem (ie: their first child), I would have been doing all the research I could to understand the ailment and find all I could to make my child's life better. Not only would I have used the internet, I also would have obtained all the infomation I could from specialists. Had the parents done the above mentioned, I am sure they would have known that other chidren would be at risk. Shame on the parents. Also, malpractive insurance premiums have risen above comprehensable amounts. Family physicans in my area have given up their practices or moved because they were not making enough to cover the premiums.

[consciousnes]

I think the lawyer is counting his money. If they had one child with a defect, there was a good possibility that the next would have a defect.
Parents have to take some responsibility for having ***, or at least restricting it to the right time periods. Everybody knows what happens when they do and if they happen to be defective enough to have a defective child then they should take the responsibility, not pay a lawyer two and a half million dollars to get money out of an insurance company so everybody's insurance rates and doctor bills go higher.

[nothappyatall]

Can we have a retroactive abortion in this case and be done with it?

Amazing how they think they can sue over this, and it shows whats wrong with the medical system.


Prayers don't work
www.evilbible.com

[sandzz-2009]

Conscious,
The parents in this case did take responsibility for their actions. They went to see an expert to get screened. The so called expert told them that everything was fine. They did what most people would not even think about. So, how is that the parents are irresponsible?

On the issue of greedy lawyers, FYI, complete medical care is not exactly cheap. You might want to look up how much constant care runs up a family. Most families have to make a choice of where they either have to sell the house to cover the medical bills or to stop their child's medical care. Consequently the child has a greater chance of death. Man, those greedy lawyers. 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?

[susanhelit]

The parents had some tough luck - but medicine is not an exact science - I see that the doctor was wrong - but that doesn't even necessarily mean he made an error. Lots of diseases look alike, it's just plain very hard to tell. Sometimes it just really is no one's fault, there's no one to sue, no one to blame, it just happened.

[susanhelit]

Running tests for every possible disease (there are what - millions of them?) simply isn't possible. You go off of the symptoms (as well as parents and a nonverbal child can tell you), test for everything that seems likely, and give those results. I can guarentee you one thing - this doctor did not guarentee them a healthy child - no doctor could.

The jury ruled on emotion and sympathy, not reality and real malpractice. This is why doctors go out of business - they can do everything right, and still lose a malpractice suit. Sure, insurance pays - but that makes insurance go up to the point where you can't pay it anymore.

[tropikbreze]

I doubt the lawyers approached the parents... like I wrote previous, shame on the parents for not going the extra mile for the welfare of the first child and obtaining all the information they could and not consulting additional specialists. I would not stop until I had at least 3 confirming reports. That's what a real parent would do for the child they love and care for- perfect or not. P.S. I work for a multi-specialty physician group and nothing is an exact science just like Susanhelit stated.

[klingon69]

Can't you read? They can only collect $200K, which certainly would not support a severely disabled child, thanks to the Jeb Bush and Republiscum limit on medical malpractice damages.


Posted by gkc99 at 12:19 PM : Jul 24, 2007
The limit is not on medical malpractice, it is against Govt agencies since the doctor works for the University.

[hypnotoad72]

Exactly. Doctors are human too. Some don't deserve their jobs, but the ones who use their experience are more likely to be "on the money" with diagnoses. As with every other type of job, there's more to being a general practitioner than reading a reference sheet or cue card. That that those aren't helpful, but few jobs don't require a functional brain...

[mercyme884]

Hello did anyone catch the names of these people or the fact that they just sued the state of Florida.Were these people even legal aliens or more illegals on state welfare.I agree that it is a sad situation but how long are people of the of the U.S. supposed to sit back and take this sort of blackmail. They probably didn't even speak english and surely didn't understand it.So you bleeding heart liberals get your stories straight. You put down the President and the U.S.Military so come on lets at least call an illegal alien by the right name.

[liberalme]

These tests are so misleading--whn my daughter was pregnant with her first child, they did a blood test. The doctor told her if she didn't abort, they could have a severly damaged baby.
Wellthey decided not to abort, and if the baby didn't live, they would donate her organs.

Well that child is 15 and all that was wrong with her was a cleft palate that was repaired at age 1.

I certainly would get at least 3 other opinions. I've heard of many people who have had this test that shows something is wrong--and there isn't.

Not very reliable.

[lanaedawn]

"If they had one child with a defect, there was a good possibility that the next would have a defect.
Parents have to take some responsibility for having ***, or at least restricting it to the right time periods."

I was born perfectly healthy-8 years later my sister was born with cystic fibrosis-1 year later my brother was born perfectly healthy. You are wrong, with many genetic diseases there is not a 'good possibilty' of having another child with the same, or any, defect.

And the rest of you blaming the parents, I wish you would just learn to read a story thoroughly before forming an opinion. They went to a specialist, to an expert and he told them they were fine. You rely on doctors to exhaust all options before guaranteeing you something. They had their second child tested in vitro. There are many things to test when doing in vitro testing. The doctor should have mentioned that disease if the symptoms fit it at all so they could test for it.

I hope they are able to get the full $2 million. I think it is very classy of them to ask for a sum that will cover their son's medical expenses for his life. Those poor parents could have been saved this heartache.

[culturejam]

What a bunch of Nazis that would say a child should have been killed had they know he or she would be disabled. Some idiot commenter called these parents "classy"? Are you joking me? Get in touch with reality. Suing the state because you would have murdered your child had you known they were disabled when they were younger, and now that they are older you want to take millions of tax dollars even though there are already tax dollars for the disabled, is tacky and evil. Wrongful birth and wrongful life lawsuits are a sad aspect of a culture jam devalues life based on certain criteria. We should help disabled kids and fund their care, but saying they would be "better off dead" is definitely not the answer. But Hitler would be proud of these parents, the holocaust began with killing the very young and disabled in the name of "quality of life."

[tropikbreze]

Direct and to the point culturejam! One specialist doesn't make the world go around. I believe there is a such thing as a second opinion. As previously stated- I would have had as many specialists that I could. And yes there was the portion of the article "and they would have terminated the pregnancy, according to the lawsuit." There are millions of disabled children and I bet all those parents didn't go suing for support.

[kemetorigin]

Thank you culturejam.

This is insane. There is no mention of love for this child. There is no mention of responsibility for your own actions. Before these tests were available people did not sue. They took responsibility for their children. Also, this is contributing to the exorbitant health care costs. Further, what gauld, what disgust to say that you would have murdered your own child---especially after he/she has been born? These people are opportunists with opportunistic attorneys.

[sjw1253]

I do not understand the fact that people on here are automatically convicting the parents due to their last name.

I think you should be more careful in accusing people of being illegal unless you know for sure they are. There are millions of legal - American born people with latino last names and yes - many live in Florida.

The fact is that there should have been choice. The parents may even have been able to prevent the other pregnancy. I am sure they love their child - but again - today - people have the ability to choose to have a child with so many challenges due to genetic defects.

It does not matter what you or I think - it is each individual's right to make these choices - and no one can tell others what they can deal with emotionally as well as financially.

[ecuadoriana]

"Hello did anyone catch the names of these people...Were these people even legal aliens or more illegals on state welfare...They probably didn't even speak english and surely didn't understand it..." Posted by mercyme884 at 02:42 PM : Jul 24, 2007

Mercyme, where is the "mercy" in YOUR name??!!

You see, based on your name I assumed you'd have some. See, for you to pull out your racist trump card & assume someone is illegal based on their hispanic last name is as ridiculous & irresponsible as my assuming you have mercy! The difference is that I am not dangerous, but people like you are. People who like to judge others by their colour or their name are also the type who drag people out of their homes in the middle of the night & beat them to death.

Maybe you need to grab a dictionary & look up the word mercy before you hurt somebody.

I'll tell you something super funny, you might get a kick out of it- I have known many illegal aliens in the US throughout my whole life. They have names like O'Malley, Pierce, Loughead, Waverly, Upton. They come from places like England, Ireland, Australia, New Zealand. No one bothers them, no one looks at them with distrust & distain. Their common denominator? All white, yet all illegal.

Think about that next time you hear an Irish or Aussie accent & think "Oooh, I love their accent it's so cute!"

[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

[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

[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.

[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.

[my2centss]

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

[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.

[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...

[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.

[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.