
(New Line Cinema)
Should I (or my guardian) be able to sue someone for an action which saved my life?
That’s the rather metaphysical question at the center of Ariel and Deborah Levy’s wrongful birth suit against Legacy Health System. Last Friday, a jury awarded the Portland, Oregon-area couple $2.9 million (out of a requested $7 million) for the birth of their daughter, Kalanit, now 4.
The Levys had two sons when, in 2006, Deborah unexpectedly became pregnant. Because she was 34, the Levys were concerned that the baby might have a genetic disorder.
Thirteen weeks into Deborah’s pregnancy, according to The Oregonian’s article, she had a chorionic villus sampling (CVS). It came back negative for Down Syndrome. The Levys say the tissue sample was negligently taken from Deborah, rather than from the baby. Legacy contends the CVS was properly done and the results were negative because Kalanit has mosaic Down Syndrome, meaning that a significant number of her cells don’t have an extra copy of chromosome 21.
Two later ultrasounds indicated that the baby had traits characteristic of people with Down Syndrome. But, the Levys say, doctors assured them the baby didn’t have Down Syndrome, based on the CVS.
A week after Kalanit was born, Deborah took her to the pediatrician for a well-baby check. There she learned that Kalanit had Down Syndrome.
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