COUPLE WINS $4.5 MILLION

[Danno 1,228]

The part of this story that struck me was: How do they explaIn this to their disabled son......

Mom and Dad: -"Little Billy, had we known you are gonna be born handicapped, we would have aborted you... in fact we felt so strongly about it we sued the medical folks who failed

to inform us of your condition so we wouldn't be stuck paying for the cost, your life will mean to us".

==================================================================

COUPLE WINS $4.5 MILLION IN ‘WRONGFUL BIRTH’ LAWSUIT AFTER CLAIMING THEY WOULD HAVE ABORTED DISABLED SON

Many times, “wrongful death” is at the root cause of a lawsuit, but what happens in the case of a “wrongful birth” charge?

In West Palm Beach, Florida, a couple sued a doctor and an ultrasound technician for negligence. The two claimed that they would have aborted their son, who was born with no arms and only one leg, had they known about his disabilities beforehand. PalmBeachPost.com’s Jane Musgrave writes:

[The parents] claimed they would have never have brought Bryan into the world had they known about his horrific disabilities. Had Morel and technicians at OB/GYN Specialists of the Palm Beaches and Perinatal Specialists of the Palm Beaches properly administered two ultrasounds and seen he was missing three limbs, the West Palm Beach couple said they would have terminated the pregnancy.

As a result of what some are calling a “wrongful birth,” Ana Mejia and Rodolfo Santana sued Dr. Marie Morel and an ultrasound technician for $9 million — a figure that was estimated to cover the child’s expenses for the next 70 years.

The couple believe that the doctor and his staff member should have noticed the baby’s issues before he was born. For what was apparently seen as a failure to properly read sonograms, a jury comprised of four men and two women sided with the couple, holding the doctor 85 percent negligent and the technician 15 percent negligent.

While the couple didn’t win the fill amount they wanted, they walked away with $4.5 million — half of the figure that was originally requested. Feeling overjoyed, they explained that the award would greatly assist their son Bryan.

Attorney Mark Rosen, who represents Morel and the responsible clinics, says that the losing party will appeal. According to Rosen, the couple had refused an amniocentesis, which may have helped to predict Bryan’s problems before his birth. According to LifeSiteNews.com, he said:

“There is nothing Dr. Morel wants more than for Bryan Santana to have a happy, healthy life. That doesn’t mean they’re responsible. Is it fair to blame physicians for acts of nature?”

The Palm Beach Post’s editorial board weighed in on this contentious battle, with Andrew Marra taking a stand against the parents’ lawsuit:

Bryan’s parents are understandably upset that they had no warning about the issues that awaited him. The problem with their lawsuit is its premise that their son is more flawed or somehow worse than a person with four fully formed limbs.

Despite his considerable deformities, there is no reason to assume that Bryan cannot lead a fulfilling and productive life…Certainly, Bryan will face challenges that few have to consider, and that is tragic. Whether these obstacles mean his life is not worth living should be up to him to decide, not to Ms. Mejia and a jury of her peers.

But Jac Wilder VerSteeg has a very different stance on the matter:

Ana Mejia absolutely is morally justified in suing health care providers who failed to warn her that her son, now 3 years old, would be born with three limbs missing. [...]

So how does a mother who would have terminated a pregnancy have any standing to argue on that child’s behalf? Isn’t there something inherently hypocritical about a “wrongful life” lawsuit?

Not at all.

http://www.theblaze.com/stories/couple-wins-4-5-million-in-wrongful-birth-lawsuit-after-claiming-they-would-have-aborted-disabled-son/

[웃 910]

Now they should put his a$ up for adoption!

LOL @ Dr. Morel (sounds like moral)

Edited September 20, 2011 by Lord Infamous

[Danno 1,228]

Now they should put his a$ up for adoption!

LOL @ Dr. Morel (sounds like moral)

There are a number of vets returning from war in pretty much the same physical condition, are they too a burden no one wants?

I hope not.

[luckytxn 2,265]

The part of this story that struck me was: How do they explaIn this to their disabled son......

Mom and Dad: -"Little Billy, had we known you are gonna be born handicapped, we would have aborted you... in fact we felt so strongly about it we sued the medical folks who failed

to inform us of your condition so we wouldn't be stuck paying for the cost, your life will mean to us".

==================================================================

COUPLE WINS $4.5 MILLION IN 'WRONGFUL BIRTH' LAWSUIT AFTER CLAIMING THEY WOULD HAVE ABORTED DISABLED SON

Many times, "wrongful death" is at the root cause of a lawsuit, but what happens in the case of a "wrongful birth" charge?

In West Palm Beach, Florida, a couple sued a doctor and an ultrasound technician for negligence. The two claimed that they would have aborted their son, who was born with no arms and only one leg, had they known about his disabilities beforehand. PalmBeachPost.com's Jane Musgrave writes:

[The parents] claimed they would have never have brought Bryan into the world had they known about his horrific disabilities. Had Morel and technicians at OB/GYN Specialists of the Palm Beaches and Perinatal Specialists of the Palm Beaches properly administered two ultrasounds and seen he was missing three limbs, the West Palm Beach couple said they would have terminated the pregnancy.

As a result of what some are calling a "wrongful birth," Ana Mejia and Rodolfo Santana sued Dr. Marie Morel and an ultrasound technician for $9 million — a figure that was estimated to cover the child's expenses for the next 70 years.

The couple believe that the doctor and his staff member should have noticed the baby's issues before he was born. For what was apparently seen as a failure to properly read sonograms, a jury comprised of four men and two women sided with the couple, holding the doctor 85 percent negligent and the technician 15 percent negligent.

While the couple didn't win the fill amount they wanted, they walked away with $4.5 million — half of the figure that was originally requested. Feeling overjoyed, they explained that the award would greatly assist their son Bryan.

Attorney Mark Rosen, who represents Morel and the responsible clinics, says that the losing party will appeal. According to Rosen, the couple had refused an amniocentesis, which may have helped to predict Bryan's problems before his birth. According to LifeSiteNews.com, he said:

"There is nothing Dr. Morel wants more than for Bryan Santana to have a happy, healthy life. That doesn't mean they're responsible. Is it fair to blame physicians for acts of nature?"

The Palm Beach Post's editorial board weighed in on this contentious battle, with Andrew Marra taking a stand against the parents' lawsuit:

Bryan's parents are understandably upset that they had no warning about the issues that awaited him. The problem with their lawsuit is its premise that their son is more flawed or somehow worse than a person with four fully formed limbs.

Despite his considerable deformities, there is no reason to assume that Bryan cannot lead a fulfilling and productive life…Certainly, Bryan will face challenges that few have to consider, and that is tragic. Whether these obstacles mean his life is not worth living should be up to him to decide, not to Ms. Mejia and a jury of her peers.

But Jac Wilder VerSteeg has a very different stance on the matter:

Ana Mejia absolutely is morally justified in suing health care providers who failed to warn her that her son, now 3 years old, would be born with three limbs missing. [...]

So how does a mother who would have terminated a pregnancy have any standing to argue on that child's behalf? Isn't there something inherently hypocritical about a "wrongful life" lawsuit?

Not at all.

http://www.theblaze....d-disabled-son/

Wrong

[웃 910]

There are a number of vets returning from war in pretty much the same physical condition, are they too a burden no one wants?

I hope not.

And many female vets too.

[Danno 1,228]

And many female vets too.

When I said "vets" that I guess would include females too.

How many females have returned limbless, I saw one featured at the 911 opening last week.

[Golden Gate 530]

How will they explain to their son when he is older all the money they received for his wrongful life?

[웃 910]

There are a number of vets returning from war in pretty much the same physical condition, are they too a burden no one wants?

I hope not.

Why are we over there still?

How will they explain to their son when he is older all the money they received for his wrongful life?

He is a millionaire along with his parents. He will be very grateful for their hard work in the courtroom!

[Danno 1,228]

Why are we over there still?

Because Obamer stopped the water-boarding.

[slim 1,530]

What's the problem with a family trying to be fiscally responsible?

They didn't have the money to care for a child with no limbs so they would've terminated the pregnancy. Morals aside, that's the responsible thing to do. Since the medical folks were negligent, they have to pay. They were the ones who were irresponsible.

[_Simpson_ 250]

He is a millionaire along with his parents. He will be very grateful for their hard work in the courtroom!

How will he feel knowing that had his parents known he was going to be handicapped they would of killed his ####?

What's the problem with a family trying to be fiscally responsible?

They didn't have the money to care for a child with no limbs so they would've terminated the pregnancy. Morals aside, that's the responsible thing to do. Since the medical folks were negligent, they have to pay. They were the ones who were irresponsible.

Morals aside? That's huge besides we have plenty of programs that help families in these situations.

[slim 1,530]

How will he feel knowing that had his parents known he was going to be handicapped they would of killed his ####?

It's a moot point. When all those anti-abortion folks say, "how would you feel if your mother aborted you?" well, the fact is, you wouldn't feel anything because you wouldn't exist.

Morals aside? That's huge besides we have plenty of programs that help families in these situations.

Are you talking tax payer funded programs? Why should I pay for their invalid kid?

[_Simpson_ 250]

It's a moot point. When all those anti-abortion folks say, "how would you feel if your mother aborted you?" well, the fact is, you wouldn't feel anything because you wouldn't exist.

How will this kid feel knowning that the parents wanted to kill his #######, that is the question I asked. As far as the question goes, with most pro-lifers I know the question in never that simple.

Are you talking tax payer funded programs? Why should I pay for their invalid kid?

Not such thing as a invalid kid. I have always stated here and other place that when it comes to kids I'm more than happy to pay taxes.

[slim 1,530]

How will this kid feel knowning that the parents wanted to kill his #######, that is the question I asked. As far as the question goes, with most pro-lifers I know the question in never that simple.

Why would it be a question at all - he's alive and has the money to be supported his entire life.

Not such thing as a invalid kid. I have always stated here and other place that when it comes to kids I'm more than happy to pay taxes.

Really? Is this kid going to take care of himself and contribute to society?

You may have no problem paying for things, but I don't want to pay for kids' healthcare. It's not my job to take care of other peoples' kids. If you want to take care of kids you can donate as much money as you want to charities that do so. But don't make me pay for it through the strong arm of government.

In all seriousness, if you really want to help kids you'd get rid of government intervention. It costs the government 10X as much to do something the private sector can do and when you're talking things like donations, almost 100% of your money could go to the intended recipient.

[Deputy Purple 1,294]

Really? Is this kid going to take care of himself and contribute to society?

You may have no problem paying for things, but I don't want to pay for kids' healthcare. It's not my job to take care of other peoples' kids. If you want to take care of kids you can donate as much money as you want to charities that do so. But don't make me pay for it through the strong arm of government.

WOW! Really? "Invalid Kid"?

My 4 year old son is deaf. He just recently started hearing (10 month ago) thanks to Cochlear Implants. The cost was well over $300,000.00! Don't worry you didn't pay a single penny towards the cost as I'm a responsible adult who has always provided Medical Insurance for my family.

FWIW, my son in no more "invalid" than anyone else is.

BTW, this kid can overcome his physical deformities. Prosthetic limbs are much more common and functional than they were just a couple of decades ago. If his parents have medical insurance then the prostheses and therapy for him to learn to use them are available at little to no cost.

Being awarded millions of dollars in this case is stupid. How much to think will remain once the selfish parents are done spending?

Besides if they were so concerned then why didn't they go for the amniosynthesis? I detects a lot more than a simple ultrasound.

Edited September 20, 2011 by Bob 4 Anna