In a lawsuit publicized nationally, including Oregon Live, a couple is suing a physician and a medical lab for $3 million due to a failed prenatal test that resulted in the birth of a daughter, now four-years-old, that will require lifelong care for Down syndrome.
A.L. and D.L., the child’s parents, were excited at the birth of their daughter, then, after hospital staff mentioned that their child appeared to have Down syndrome, grew shocked.
D.L., the child’s mother, was asked by a doctor if she had taken a chorionic villus sampling, also referred to as CVS, during her pregnancy. D.L. told the doctor that she had the test and was told that her child would be both normal and healthy.
A blood test, taken a few days after the delivery, confirmed that the child, K.L., had Down syndrome.
Named in the suit is North Portland’s Legacy Center for Maternal-Fetal Medicine, and a Legacy lab that allegedly bungled the testing.
K.L., born June 2007, is not expected to ever live on her own or support herself. The estimated cost, to care for K.L. throughout her life, is $3 million.
The case, currently in the hands of a jury for deliberation, is an extremely rare one. Experts watching noted that CVS testing is 99.7 percent accurate. But, when they fail, not many parents are willing to take the case to court and face public scrutiny.
David K. Miller, the attorney for the family, says that the couple has received death threats due to their perceived heartlessness. Multnomah County Circuit Court Judge Karin Immergut has banned photographs inside the courtroom of the couple to help insure their safety.
Statistics from several studies have shown that 89 percent of women who learn they are giving birth to a baby with Down syndrome make the decision to end the pregnancy.
Miller said that instead of cells taken from the fetus the lab based their results on cells taken from the mother in error – from D.L.’s maternal tissue.
The suit finds fault in the actions of Dr. T.J., for removing the maternal tissue, and the lab, for inaccurately reassuring the 34-year old mother that her child would be fine.
D.L. had two ultrasounds that showed traits of Down syndrome prior to taking the CVS test.
A.L. and D.L., now both 39, have known each other since preschool. The two began dating in 1996, married in 2000 and have two healthy boys, both in elementary school. In November 2006 they were surprised to learn that D.L. was pregnant.
D.L., 34 at the time, was aware that her age put her at risk for genetic disorders. A screening during her first-trimester showed that her chances were higher than the 1 in 250 of women her age that may give birth to a Down syndrome child.
D.L.’s chances were 1 in 130. The information is what allegedly prompted the CVS testing at 13 weeks into her pregnancy.
Of the original CVS test results A.L. told jurors, “We were told that we had nothing to worry about.”
A week after giving birth, when D.L. learned that her daughter’s blood test confirmed a diagnosis of Down syndrome, she said “it was devastating.”
The couple is concerned about K.L.’s future – one expert said that K.L. could live into her 50s. But, between now and then, the estimated $3 million that will be needed to care for her is in the hands of the jury to award.
If you have suffered from a personal injury, the costs associated with a wrongful birth being an example, contact a personal injury lawyer for help right away!