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$4.5 Million in ‘Wrongful Birth’ Lawsuit


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Couple Wins $4.5 Million in ‘Wrongful Birth’ Lawsuit After Claiming They Would Have Aborted Disabled Son

Posted on September 19, 2011 at 2:42pm by Billy Hallowell

Ana Mejia testifying about her son Bryan's disabilities (Photo Credit: Richard Graulich/Palm Beach Post)

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.

What do you think — do Mejia and Santana deserve the $4.5 million they’ve been awarded? Take our poll, below:

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

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Wow!!! This is heavy. :blink:

I know that in England where I was born, they ask my parents if they wanted a certain test done while the baby is in the womb that would determine if the baby has a certain deformity. It was fairly costly to administer. My father inquired what the odds were that I'd have this deformity and the doctor stated 1 in 4600. My father about punched the Dr in the nose, asking why are you even bringing this up with odds like that. He's told me many times since that as a AF officer, he doesn't get stressed until an unpleasant chance of something bad happens are 1 in 7.

We have friends that had a son that had sever deformities. And the amount of stress and heart break the parents went thru was beyond what I would consider humanly possible. Everything in their lives revolved around their child...thankfully the father is an officer in the AF and receive a LOT of support. However, their son lived to be 11, but wasn't suppose to live pass 3. I know they would tell you it was all worth it.

But from someone that watch the amount of suffering that all 3 had to go thru....they are all Saints in my eyes

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Everyone is different....but personally I think this is a crazy lawsuit. tests are wrong sometimes.... doctors are wrong sometimes.....God does everything for a reason in my opinion.

My personal story....My youngest was such a hard pregnancy. He was supposed to have downs and have stunted limbs according to the doctors working on my case . On more than one occasion they asked myself and my husband if we fully understood what our life was going to be like and tried to convince us to terminate. They took him 2 mos early because they said his kidneys were failing. THEY WERE WRONG! All of them. He was born at 3 pounds and perfect. He had to spend a month in the hospital to grow and learn to eat etc but he had none of the disabilities they said. I look at him and praise the lord. I would have accepted him if he were disabled, he would be my son!

Not saying it is going to be easy for them, by any means but I hope these parents cherish him. He maybe disabled physically but I am sure that he understands that his parents just won alot of money by saying that they didnt want him :( that breaks my heart....

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