Completely agree with you.

AS usual Caplan gets it wrong. A child with down's syndrome demands a huge amount of attention, special schooling and not until later in life can they be tested to be determined how severe the condition is. As the article stated had the couple been given the right information, they would have opted for an abortion. Jewish couples regularly get tested to ascertain if the baby in the womb has Tay-Sachs disease which is almost always fatal in childhood. All of the positive results result in abortion.

Some one made a serious error and it will cost a hell of a lot of money for schools, clothes, nannies, etc. And above all heartache. Nature played a cruel trick on them. They have to take a lot of attention away from the other two children to maintain this girl. She will need constant overseeing and nothing will take away the pain.

It is difficult enough to raise normal children, but when you have to be daily reminded that an awful burden has been placed on you and your whole life now has to revolve around one individual instead of all the others equally, then money cannot solve that problem. I can feel the sadness, the emptiness, the lack of joy, the lost dreams, the removal of life's pleasures, hopes and enjoyment.

The husband, the boys, the wife all have to adjust their lives to give this girl the extra care and attention she will need. The father will never walk her down the wedding aisle. The mother will not have a girl to share a mother daughter closeness. Care must be arranged that the other children do not feel slighted by the extra attention the girl must need. Transportation must be arranged to a special school. A whole other set of problems instead of joys must be considered.

I find the situation unbearably sad.

Caplan is an insensitive despicable egocentric who only thought is to get his name in print. The facts are there 89% opt for abortion and why? They don't want the heartache. Therefore Caplan comes down with the few with the fait accompli and not with the majority who want and can have a normal child and want to enjoy normal children.

The Jewish couples who have children with Tay-Sach's disease are gut wrenched at seeing their children die a little every day. Why do we have these tests and procedures if they are not there to help us avoid suffering. If your normal child is in your car and a drunk runs a red light and causes your child to become brain damaged? Are you going to sue for damages, bet your life you will. This is the same thing. This problem could have been avoided and there was a mistake. The parents and brothers will have to take care of this girl for the rest of her life!

I don't know what's up with your child that has Down syndrome, but mine, who will soon be nine really isn't as much trouble as his two brothers. He's relatively self sufficient and isn't nearly as demanding. Most people terminate a fetus with a Down syndrome because they are afraid and are totally ignorant about what raising a child with Down syndrome REALLY will be like. I was devastated and stupid at one point too.

@bookworm12 -- you sound like one of those people who think those with Down Syndrome can't do anything. "I can feel the sadness, the emptiness, the lack of joy, the lost dreams, the removal of life's pleasures, hopes and enjoyment." Oh, really? Someone's entire life sucks because their child has Down Syndrome? Many parents of Down's children (some of my friends among them) report that their children bring great joy because of their nature. If someone's entire life sucks because a child has something wrong, then maybe those people should re-think having children at all because there are no perfect children and many (ADD, dyslexic, asthmatic, food allergies, etc.) require specialized care.

"The husband, the boys, the wife all have to adjust their lives to give this girl the extra care and attention she will need." Whenever a new child is born into a family, everyone has to adjust. That's the nature of adding to your family. Deal with it.

"The father will never walk her down the wedding aisle. The mother will not have a girl to share a mother daughter closeness." Oh, yeah? Hate to break it to you, but those afflicted with Down Syndrome do get married, and a friend of mine has a much closer relationship with her Down's teen daughter than with her other teen daughters -- her Down's daughter isn't constantly blaming everything on Mom or thinking the world revolves around her like some teens are apt to do.

"Care must be arranged that the other children do not feel slighted by the extra attention the girl must need. Transportation must be arranged to a special school. A whole other set of problems instead of joys must be considered." Sometimes families are better off when they have to sacrifice for a family member. It's a lesson in family love. If the children feel slighted because they not getting the same extra attention, then perhaps they need help in better understanding that families are about "from each according to his abilities, to each according to his needs." Furthermore, many Down Syndrome children can be mainstreamed at public schools and don't need special schools.

To read your post, having a child with Down Syndrome is just one bleak, miserable, expensive day after another. For many parents of Down's children, this couldn't be farther from the truth. I get that people can be scared of coping with child who is not the same as others, but when it comes right down to it, no child is the same as all others. They are all unique and all require individualized care and attention. Unfortunately, some need more than others, but that's life.

I feel for these parents, but more because they may not recognize their diamond in the rough than because the test failed and their daughter was born with Down Syndrome.

Greetings bookworm12,

I agree with you in principle.

I also believe every child has the right to be born healthy and to parents that want it.

This poor child was cheated by all quarters.

Will a RTL type step up and adopt this child and take full responsibility for her needs?

Nope. They never do. RTL concern for a child's welfare stops abruptly as soon as it is born.

Hey ADS80: Uh, how many Downs kids do you think get adopted? Answer: close to zero. They are much more likely to end up in an institution because the parents aren't able to cope.

At least if you're going to judge others, get a clue about the realities of the situation.

I won't be as sarcastic as Rickeroo but I get his point and he is absolutely right. This story makes me sick to my stomach. Obviously there is something seriously wrong with these parents. I studied genetics in college and everything that bookworm said I would have agreed with....until I became a mother ...and until I met many many people with down syndrome.

Most of the people I know with down syndrome are self sufficient and fun; several are amazing artist and gardeners. Sure they can't do algebra----- but if we are basing the value of life on the ability to learn algebra I would lose over half of my friends. People with down syndrome feel the same feelings ( if not more so) , have the same emotions, they get sarcasm and jokes. FOR GOD SAKE THEY ARE HUMAN........to rid the world of people with down syndrome should be an abomination. sick , sick , sick......

Hey Zan -

RTL crowd taking care of them, adopting them?? You better believe we do - in huge numbers! There are entire families and ministries whose goal it is to ease the life of children abandoned and unwanted - especially those w/ Down. I am proud to be a part of a group that specifically sends money to orphanages in Russia that are full of Down children (they won't let them be adopted out). We're here and ready as long as we are given a chance - as are every crisis pregnancy center -

LizziefromBoston- Beautifully worded reply!

Bottom line is someone at the hospital lab or maybe the doctor made a mistake. When they make a mistake even if it is accidental they can be sued. That's why they carry insurance. I know that this is about a child and what I am about to say is not but I had some similar happen to me. My dog had bad breath I took her to the vet and she had a bad tooth. The vet pulled the tooth and all was ok. The following year she developed a "sore" in her mouth. I took her to the vet. They ran a bunch of tests including a biopsy on the sore. They said the biopsy was negative for cancer. The dog continue to have problems, suffered and declined. She was losing weight and lethargic. Finally I had to put her down after 1200 dollars in vet bills. The vet that was treating her wanted 150 dollars to do it. My old vet said he would do it for 50. So I had him do it. When she was gone the vet called me into the procedure room. I didn't have the heart to go stay in there with her while it was done. The vet showed me a tumor in her muzzle as large as three fingers. I told him what was done. He said if the biopsy was done and read correctly that no competent vet could miss that diagnosis. Mad, your damn right I was! That poor animal almost starved to death. That damn vet was just stringing me along running up a bill. I should have sued his @ss!

That's absurd! Why should the parents put the child up for adoption. They are willing to make the lifetime commitment of caring for this child, but need help financially to do so. If there is evidence that the test SHOULD HAVE revealed the child would be born with downs syndrome, but failed to do so, some of that financial help should come from the responsible party. But likely, there is a degree of accuracy with these tests that accounts for these cases, and it was the parents responsibility to be aware of this when making their decision.

Geturheadoutofurazz!...

You're wrong about Down's syndrome kids and adoption. They are actually in high demand by parents who have either had a child w/ Down's Syndrome...or have fostered/adopted one. There are waiting lists here in the US. Why? They are simply great, wonderful children.

This child most likely will never be able to live independently. The parents should sue so they can have something for her in a trust after they are gone and she can be taken care of properly and not in some state run cr@p hole. IT IS LOOKING OUT FOR THE CHILD LONG TERM!

Bookwork12 - While I appreciate your sensitivity and empathy, it is wrongly placed. Most people who have a child with DS are just like the couple in this article - we find out at birth. And an overwhelming majority (somewhere over 95%) are very happy they have that child in their lives. Siblings benefit, parents benefit. There is even proof showing that the divorce rate goes down in those with DS.

It is shocking an hard when you find out in the hospital, but quickly most of us get beyond that and start seeing the amazing joy and new, richer world we live in. This is very hard to explain to someone who has never experienced it, but it is the way an overwhelming majority of us parents with a child with DS feel.

No need for your sympathies, those of us who have difficulty adapting to having a child who is outside o the definition of "normal" are few and far between.

I got a completely different impression from the article. My impression is that to have a legal basis to sue for mis-diagnosis, the parents are forced by law to state the child is unwanted, instead of having an alternate "I would have prepared differently had I known in advance". I've heard of a similar thing with adoptions, that if a child develops a mental illness, adoptive parents are forced by law to say they wouldn't have adopted instead of being able to say "I would have adopted anyway and simply would have known what to watch for and nip it in the bud if I had accurate information on the birth parents' medical problems."

Yes, many people with Down Syndrome are high-functioning, but many are low-functioning. It is likely with a lawsuit like this the child in question is low-functioning and needs intensive, expensive treatment, and the parents had to humble themselves by saying what was legally necessary to get their child what was needed. Sad, and there should be another way to address the mis-diagnosis so the lab doesn't dare make that mistake ever again and get the child funding for treatment.

i feel so sorry for that little girl and her brothers. her brothers will now wonder if they parents had wanted them and if they had the syndrome would their parents have gotten rid of them? many problems are going to come for this family...

jezuz flippin christ, this is the kind of crap that seems to make me more and more want to give up on the idea that humanity will ever climb out of this cesspool we've created around us. It leaves a bad taste, and makes u want to vomit.

I'm pro-choice, but I had a wonderful friend growing up who was Downs. He was about 10 years older than me, but very child-like. He played kickball with the schoolyard kids, volunteered at the Fire Department and had a janitor job at the local factory. His kindness and selflessness were a real lesson to those of us who were "normal." I can honestly say, I'm a better person having known Stevie.

As for adoptions, the person who said zero is wrong. There are special grants to adopt special needs children. Often the adoptions are nearly free because of the incentives and there are many loving homes for these kids. Not every child is adopted, but to say it can't happen is wrong. So, they parents could have given the girl up for adoption.

In response to bookworm12:

You would think that someone who apparently enjoys reading so much that they decided to employ a user name denoting that activity would be better able to comprehend a short article. While your response was almost as long as the article the entire premise of your response is based upon your flawed reading of "Caplan"'s article.

He is arguing that forcing parents in this situation to sue for "wrongful birth" is an additional and unnecessary cruelty. In order to file the lawsuit the parents must effectively argue before the court that it was wrong for their child to be born. That they wish their child were never born. That had they known the child would be born with Down's Syndrome they would have terminated the pregnancy. He is stating that there should be another mechanism that allows parents in this situation to recover damages without have to make such an argument as it can damage the parents standing in their community, church, business or family. Other children in the family could then question whether they too were unwanted.

Perhaps his position was too nuanced for you. Do the books you normally worm your way in to have pretty pictures?

Additionally your position is cold and heartless. People with Down's Syndrome can be some of the most caring and genuine people you will ever meet. There is no guile in their personality and their unbridled enthusiasm and joy can warm even a cynical and morally bankrupt human such as yourself.

Have fun with your pop up books.

If the hospital screws up and says you don't have cancer and you do, you bet your booties you will sue their butts off. The point is the hospital and the lab need to be held responsible. Just because a child is the outcome does not mean the hospital and lab should get off without blame or paying for their error.

There are also parents who are willing to admit they are not perfect and simply can not and could not handle the strain of a handicapped child. That does not make them evil or bad parents or anything else to admit it. As they chose to have the test done and had admitted freely they would abort if there was any chance of a handicapped child, at least they were willing to admit to themselves they knew they could not handle it. I admire them for it. They deserve no blame for being honest with themselves or others. The blame lies with the lab and they should be required to pay for their screw up. One wonders how careless them have been on other situations or was this a case of someone there deliberately messing up this test due to personal or religious reasons?

If 85% of the women carrying a baby with Down's Syndrome abort, then the condition is not as desirable as some parents here are acting like. There are those who can handle it however, there are a large number of apparently very "defective" women who feel they simply cannot. As I am not perfect, I will not stand and throw stones at them. To each his or her own. This decision should not be fought in the pages of the paper or on the tv news channels. It belongs to the parents and the lab who screwed up. The parents have enough heart ache as it is....

Three percent of all births involve some kind of birth defect. Sometimes it's Down Syndrome. Other times it is another disorder for which there is no prenatal test, or that is too rare to justify routine screenings. These parents incur the same disappointment, expenses and hardships. What makes these parents so special that they should get compensated for it?

Having children is a crapshoot. You take a risk of having a disabled child, no matter who you are. The fact that there is even a test for Down Syndrome is great, but if you start attaching massive liabilities to it, then the price of these tests is just going to go up to cover these $3 million errors. Now all of the sudden it's not an affordable resource at all... it will either become a test for the wealthy, or another burdensome cost for the health insurance market to bear.

The laboratory that erred should refund the cost of the botched procedure, and maybe some punitive damages to deter carelessness. But they did not injure this child or cause its condition, and should not have to pay for its lifelong care; that is just how this child is, and the parents need to either accept her or put her up for adoption to a family who will.

didnt know people with downs were perfect, if i listened to you i would think having one is like getting infinite puppies. but alas you forgot to mention their lack of impulse control and potential violence. I watched a downs person break another girls arm in school because he thought she was in his seat, or the lady in my apartment complex who screws what seems like an infinite number of people every night.

@Mike-1590718, excellent catch and response to bookworm. Makes me nuts when comments go wild of the point.

@ JLM -268998: THANK YOU!!! I was feeling frustrated, reading through the responses, until I got to yours: straightforward and logical. ... Whatever a person's stance on abortion, I think we can all agree that, once born, a person's validity or right to exist is NOT up for debate -- otherwise, we wouldn't be so angered or horrified by the memory of things like the nazi holocaust. I don't object to suing the laboratory for some punitive damages or some small assistance, in order to ensure in future the lab will take every possible precaution against mistakes; but expecting them to foot the entire bill for the added medical/other support services the child may require is ridiculous. And, as stated by multiple people above, there needs to be a way of suing the lab other than claiming you would rather not have had one of your childen. I agree with the article that it is horribly degrading to human life in general for a person to stand up and say that another person "shouldn't be here". ... As JLM says, having children is a "crapshoot". They may not have Down's Syndrome, but they could have a learning disorder, physical limitation, or grow up to be a brilliant neuroscience student who decides to go on a shooting spree in a movie theater. Personally, i'd rather deal with the difficulties associated with a differently-abled child than have to struggle with the unanswerable questions that the parents of a mass-murderer might ask themselves...

I agree, if the child ever does learn about it, they'll just feel hated, ashamed, and unloved.

Uh, did you miss the part of the article where they said the girl has Down Syndrome?

CJ, what is your point? Do you think because she has Down's Syndrome that she cannot understand the concept that her parents wish she had never been born?

Joel, that's just sad and pathetic. Show some respect if you have any.

You never know when your life might be affected by disease or injury. I hope for your sake it won't - it's quite clear you wouldn't be able to handle it.

My brother is a "tard" as you put it - count your blessings & shut the heck up!

Randy: I think that was the author's point. Create a different system for these kinds of cases so they aren't a public spectacle.

For the parents to receive compensation, they had to declare in a public forum that they would not have had the child. Do we know if this is REALLY how they feel? Sure, they may have chosen to terminate the pregnancy. But what about the here and now? Have they bonded with this child? Do they have an enormous amount of love for her. Are they seeking every bit of help and access to services for her? How severe is her Down's? Is the talk of not wanting her just "lip service" because that's what the court tells them to do? Just not not enough info here.

But, if they TRULY do not want her, that is just sick and I would hope someone investigates the family to make sure she is receiving the proper care and treatment and services to allow her to live as productive a life as possible given her condition.

One of the big issues, which SHOULDN'T be and WOULDN'T be if insurance companies would step up and do what is right and decent is how to pay for all the therapies, extra heath costs....kids with Down often have congenital heart problems among other issues....and then there is the issue that haunts EVERY parent of a child with a disability.

WHO WILL CARE FOR THIS CHILD WHEN THE PARENTS ARE NO LONGER ABLE TO, OR ARE DEAD?

All but the most wealthy families will essentially be impoverished by providing lifelong care for a child with a disability that affects their ability to manage life completely independently, particularly since the Republican Party will greatly diminish if not entirely eliminate any governmental assistance with the child's care if they have their way, and the insurance company will dodge ht bullet because they deem it a pre-existing condition.

I truly hate to turn this into a political discussion, but this is the face of "fiscal responsibility" in th flesh, so to speak. Yes, this child deserves every opportunity to become everything she can possibly be. It's not her fault se was born with disability, nor is it her parents fault. Sometimes things happen.

HOWEVER.......without appropriate supports, which are unbelievably expensive, she will never have the quality of life that she and every other child deserves, and chances are almost 100% that she will require lifelong support at least to some degree, and if given their way, a Republican administration will yank that rug right out from under them and smile while doing it because they are "saving the taxpayers money". After all, a child with Down Syndrome is unlikely to become a significant source o taxable income, so why should they be the beneficiary of the contributions of hard working taxpayers?

Welcome. Welcome to the brave new fiscally responsible world.

I find it sad that the parents choose to view their child as a tragedy instead of a loving her unconditionally. I feel sorry for all of their children...there are obviously conditions one has to meet in their household to be valued and not considered a burden. Also, down syndrome?! Most can function on a normal level...I hope the poor girl CAN'T understand what her parents are doing.

If it is indeed true that they would have terminated the pregnancy had they known about the Downs, I'd look real closely at how they treat their other two "perfect" kids, especially if anything happens to either one of them to make them need extra care later in life. I would be willing to have their CPS monitor the family.

It's a far cry from parents suing to obtain financial help and expecting them to abuse their child. As the mother of an autistic child, allow me to share with you that we who deal with these problems don't automatically harm our children. Were we able to take a different decision, we may have traveled a different road, yes. That doesn't mean we're abusive hurtful people who will take out the errors of others on innocent children.

Shame on you for suggesting that we would do so, Jean. We're better than you believe. It's difficult but we can love and look after our children. It's difficult, true, but they're our flesh and blood and we love them.

I could not have put it any better myself.

I can't believe this case was even brought up, mistakes CAN happen...sure they are uncommon but that's not to say impossible. What is this teaching that poor child? That their parents wouldn't have wanted them, that they would be dead if the test had been accurate. Once the child was born they could have opted to give it up for adoption but instead they want to rake in a payday because they don't want to be like every other parent with a DS baby who gets by on their own. These people disgust me, they are what's wrong with America and the court systems, everyone wants to profit from an unfortunate circumstance or mistake instead of dealing with it. I would hate to be any of their children, I wouldn't know if they would want me if a disability occurred.

Hey Reasonable (and those who agree): Nothing stopping you from traveling to Oregon and adopting this child. That is if you can find the time in your busy schedule judging others.

Judge not, lest ye be judged...

We'll turn that around....are YOU heading out there to adopt her??? No??? Didn't think so. Nothing in this world is guaranteed, exception that everyone will die one day. Especially not a test run to see if there's a possible medical condition.

If you're talking to me, sjm, why would I go up there to adopt the child? I'm not judging these parents. I can completely understand their plight. I don't know all the facts, but if it can be shown that there was negligence on the part of the lab here then these people would be entitled to damages, in this case the extra cost of raising a Downs child through their lifetime.

My point is, those who judge these people can do something: Adopt of Downs child right now. There are literally thousands in institutions throughout this country and any given time. What they should NOT do is tell others how to live their lives.

Reasonable22 - right on. Medicine is not infallible. Sometimes tests fail, even though no one is to blame. All of us take a chance that something might not work out whenever we have a pregnancy and birth. It's part of life. They need to grow up and learn to deal with it. There are no guarantees in this life. Just because something doesn't work out the way we would like it to doesn't necessarily mean that someone else is to blame and must pay. This is a large part of why health care is so expensive. Ask your doctor how much he/she has to pay each month for malpractice insurance.

Getur~ Nothing stopping? Well for starters, the kid isn't up for adoption. Also I'm expecting my own kid and I can guarantee, DS or not, this baby will be loved and cherished and I won't go whining and demanding compensation because a test (which doesn't say it's 100% accurate to begin with) says there's no risk and it's born otherwise. BTW~ Aren't you telling us how to live our lives and judging us because we don't agree with these 'parents' (and you)?

And I'd be willing to bet that the chances of a false result is included in the permission statement they must have had to sign. Sorry that they don't seem to want the child (but why did they wait four years to sue), sorrier still that the stoopid court awarded the money.

They were not 'denied' anything. They were given the results of a test which is known NOT to be 100% accurate. They have already stated that they would NOT have 'prepared for the upcoming challenges associated with having a Down's Syndrome child'. Rather, they would have killed it right then.

I think the judge should dismiss the case and then declare the child a ward of the state and remove her from that family. And those two sons are going to need a lot of therapy. "My parents wanted to kill my sister. Maybe they want to kill me."

According to a story in the Oregonian, the Levys, concerned about the risk of Down due to the mother’s age, sought prenatal testing. They maintain that the lab and doctors at Legacy Health Care’s Center for Maternal-Fetal Medicine in North Portland botched the test...

If a test fails to detect a serious problem and the parents want to sue the lab, doctors or hospital, the parents have to go to court and argue in a public forum that they would not have had their child if they had known. They have to try and put a dollar value on the “harm” they feel they have suffered.

In order for the parents to be compensated at all for this misdiagnosis, it seems that they're forced into court to make these claims.

I imagine raising a child with Down's syndrome isn't cheap. I can understand the temptation to try to get something from those who made the mistake, in exchange for the monetary and emotional costs involved.

And I'm thinking the fact that they didn't give up their daughter, they kept her in spite of the challenges associated with her care, says something (positive) about them as parents and about their true feelings for her.

I think these parents are awful. I have a child with Down syndrome and raising her is not some horrible burden. In fact, it is a delight. Is it hard sometimes? Of course, as almost all child-rearing is. I think these parents want to couch their suit as a malpractice one, but I don't believe that is what it is. I think the truth is either these parents want to profit from their child's disability or they truly think she shouldn't have been born and they are mad that she was. I hate to be pulling for the money possibility, but I am. As for the wrongful life argument, our country has never recognized such an action and I hope they don't start with this case. Also, to think that this child will not be able to understand what her parents have said in court, if she finds out when she is older, is wishful thinking. She will understand and, if she believes it, it will break her heart. What kind of message have they sent to their daughter and sons?

Wahoo, When I was 13 my 20 year old sister and I had a fight. She told me that my parents almost got a divorce when my mom found out she was pregnant with me. Mom wanted an abortion but she would have to go to another state to have it because Roe vs Wade had not yet happened and it wasn't legal in our state. Dad told her that if she did he'd leave her and take my 3 sisters with him. I point blank asked my mom and confirmed it.

You know what, I got over it. No hard feelings about it, no trauma, no therapy needed. I think you are over exaggerating the situation.

Glad for your sake, jlmyers72, that your dad threatened divorce and won that argument.

"And I'm thinking the fact that they didn't give up their daughter, they kept her in spite of the challenges associated with her care, says something (positive) about them as parents and about their true feelings for her." <-- I look at that fact as they saw $$$$$ when they found out about it. They never cared about their daughter, and only see her as winning the lottery. THat child should be yanked from that house and put into a house where parents will love her and see her as something other than a lottery ticket.

I feel bad for their two boys. For them to grow up in a household where mommy and daddy would have killed their little sister because something was wrong with her, so now they have to be afraid if they do something wrong or have something happen to them, will mommy and daddy get rid of me as well.

My, my. Seems a whole bunch of people on this string think since they read this opinion piece they must know the facts and what was going on in these people's minds. Unbelievable. Says a LOT more about YOU than these parents.

What the parents say they are looking for is the money that it will take to care for this child over a lifetime, i.e. not a windfall for them (Mike). There are many levels of Downs (Laurie), and a severely stricken child can be a huge emotional and financial drain.

Shakalac, you may be correct, that the fact the parents kept their daughter is a positive sign. However, they should still have the right to bring a claim against the lab for the damages, i.e. costs, associated with this child. If they cannot prove the lab was negligent (wahoo2), and this situation falls within the scientific margin of error, then they will not prevail.

What Dr. Caplan is arguing is not that these parents be denied their right to seek a remedy, but that this FORUM--the civil courts--is the wrong one.

I hope they will try and connect with (IMDSA.org) International Mosaic Down Syndrome Association, where they will find that there is other families out here ready to support them. Also, the list for adopting a baby who has Down syndrome is 200 families long. National Down Syndrome Adoption Network

How do you know the test(s) were improperly carried out? I suspect that the results happened to be in the very small percentage of false readings. That does not mean that the test was done improperly.

I don't mean to be cruel or anything, but this child probably wouldn't have been adopted. There are many children with no disabilities that have a hard enough time being adopted. Depending on the severity of the down syndrome, this child may not be able to ever live on his or her own, and may require assistance for the rest of their life. Who will provide this assistance? The lab that did the testing should be required to pay for it...they need to be held accountable for a test that is routine and they botched it.

mis, you are absolutely right. I have read lots of newspaper ads saying that the loving couple wants to adopt "your healthy white infant." I have yet to read one asking to adopt "your handicapped baby."

Cleveland: Your heart is in the right place, but you are sadly naive. The adoption rate for Downs kids is virtually zero. The most likely alternative is a state institution.

How do you know they didn't?

Deciding that having a severely disabled child was not in the best interest of their family is a perfectly rational thing. This little girl will take resources from her parents and away from her siblings: emotional and physical energy, not to mention money for the plethora of medical treatments and therapies that are usually a big part of living with a Down Syndrome child.

I watched my parents go through the trauma of having a mentally ill child (my sibling) and I would not wish that on anyone. They never sleep well anymore, and both of them suffer from depression. Both have had to take unpaid time off work, and have dealt with hospitals, the police, insurance, the cost, and seemingly every kind of ignorance imaginable. Parents as well as kids deserve to have a good quality of life, and sometimes it means not allowing a life to happen.

Whoever this "medical ethicist" is, they need to rethink this, because when I took a medical ethics course, they taught us not to judge too quickly, and that seems like exactly what this article's author is doing.

CJ, I agree with you completely about those bioethicists who sit up in their ivory towers looking down and judging everyone else. As my mother would say to them, "Don't talk until it happens."

Cassandra: I think you miss Dr. Caplan's point. He is not saying these parents did anything wrong. What he is saying is that these types of claims should be handled in a special type of court, not in the civil courts which are public. That way the parents aren't judged (as they are on this blog) AND the child is spared the heartbreaking news that his or her parents did not want them.

And I couldn't agree more. The system gave these parents no alternative BUT to say that, given the correct info, they would have chosen not to have this baby. The fact is, no on, probably including them, really KNOWS what choice they would have made.

Penny..."Required" by whom exactly???

Way to decide the case before you know all (or any) of the facts, Richard. You'd make a terrible juror.

Hey everybody: Ty's auditioning for God. Anyone think he should get the part?

Yes

This is exactly Dr. Caplan's point. Move these claims to a different forum altogether, and get them out of the civil courts.

Amen, Nanosilver!

BINGO AND AMEN! And there is....it's called Medicaid, or Medical if you're in California. It's the one that has already taken severe hits in the election free-for-all, and will end up being non-existent if we elect a Republican president or majority.

Tncare if you are in TN and Peachcare if you are in GA.

Let's hope so!!!!!!

And who pays for this "no-fault insurance plan?" Do you decide to pay into it upon a + preg test? Can anyone opt out? Mandatory for every pregnant woman?

ERRN - the company who administers the test should be required to carry this insurance at their own cost. Just like lawyers and doctors are required to carry malpractice insurance. These parents took a test and it failed. In this country, when we pay money of something and it fails at what it's supposed to accomplish, we sue. The problem with this situation is - the failed test did not cause her Down's, it caused her to be BORN. Hence, "wrongful birth." Ugly, sure, but that is the legal argument that gets the most compensation. They could have argued that they should just get their money back for the test (in fact, that's possibly what the defense would've argued), but that would not help them take care of the kid for the rest of her life. And I don't see how this lawsuit is ANY proof AT ALL that they are bad parents, that they don't love her or that the CPS should be involved as some of you ludicrous posters have suggested. In fact, I think they are doing EXACTLY what any American would do - when we feel wronged, we sue!!!

you are making an assumption that they do not love their child. Actually they are trying to be sure she will be provided for. Who is going to care for this child when the parents are dead? the article stated that the testing was done due to the mother's age-so it is safe to assume they are an older couple. do they assume their sons will take over or even be able to take over for them?

Hey everybody: AJN623 is also auditioning for God. Anyone think she should get the part?

Yes

It is so very easy for people to vilify these parents, but the truth of the matter is that no one knows what they are going through. Even other parents with kids with Downs... as with "normal" kids, every one is different and every situation is different. I, myself, am the parent of a special needs child who is both a huge source of joy and a huge source of stress, worry, financial drain, etc... Extremes of opinions in this type of situation are enormously unhelpful to parents who are just doing the best we can with what life has given us. We are ALL products of our own experiences and we form our opinions and decisions based on those experiences. We would do well to remember that no matter what our experiences are, they are not the same as the Levys. I wish them the best as they travel an uncertain road.

I say again---why did they wait till the little girl was four years old to sue?

Get a clue, Mike: Tort reform is a canard that every study has shown would reduce lawsuits by 1 or 2 percentage points, at best. Maybe you should just turn off the TV.

This is a simple case of whether or not the lab was negligent. As you point out, the parents will lose "unless they can prove that the lab was negligent." That's our civil justice system.

Like the man said, Our legal system is the worst every devised....Except for ALL the others.

Yes urazz.... you are correct lets not try and improve our system, it's better than all of the rest so it's fine! Spoken like a true lawyer. Why don't we do away with the laws preventing ambulance chaser lawyers or those preventing lawyers from hanging out in ERs as well. They only reduced lawsuits from auto accidents by a few percent.

That's funny, Jamie. But where does it stop? LOTS of genetic stuff (everything, really) comes from the parents. But you're thinking like a lawyer!

I think Jamie's point is that none of us are genetically perfect. If there were tests for every possible condition, whether it is your child having ADD to they will die of cancer at 50 or a heart condition at 80, would that be grounds for abortion?

I have worked with Down's Syndrome children in public schools (special private schools are not required) and found them to be sweet and cooperative. Range of mental retardation varies from mild to severe and prenatal tests cannot predict that. Most of the kids in our special education programs today are not from genetic birth defects such as Down's Syndrome, but children who once had normal potential but were damaged before birth by drugs and alcohol.

We, as a society, are quickly losing a sense of the value of human life. We seem to value only by how "useful" or potentially "useful" a person is judged to be. Many people, from Ghandi to American politicians to religious leaders have said a version of the following quote; Pope John Paul II said, " A society will be judged on the basis of how it treats it's weakest members." What kind of society have we become?

Children with Down are unquestionably some of the most happy, loving children on earth. Sadly, happy and loving will get you a life of unrelenting poverty and desolation if not accompanied by a ruthless financial wizard and this is particularly true of children with disabilities.

So perhaps you think that women and children should be dying in or near childbirth like God intended it prior to science interfering with the divine plan? Perhaps your kid shouldn't get vaccines either, wear seat belts, brush his teeth, or take vitamins?

Avoiding problems is not eugenics!

Why don't you look into this little girls eyes and tell her that she is a problem who could have been avoided.

ERRN: Judge not, lest ye be judged...

Actually, the last one only ended (at least publicly....in secret, it probably continues) in the mid 1970's. You can read the whole sordid story of how Indiana's eugenics program was the inspiration or Hitlers program here:

http://www.iupui.edu/~eugenics/

This country has a long and well-documented history of kicking people when they're down.

Really???? Are you suggesting that by finding against this lawsuit the people of this country are kicking "people" when they are down??? (of course this little girl isn't really a person if she was meant to be aborted, is she?)

Can we at least stop this "differentially abled" and "special needs" nonsense? We are talking about handicapped children and should face that fact.

Just something to think about...so the test was done incorrectly. Did someone knowingly perform the test incorrectly? Probably not. Human error. We are all human and make mistakes. Honest mistakes should not be a reason to make another person wealthy. Should something happen? Of course. Person losing their job? Maybe. More training? Absolutely. But making these parents wealthy in the name of "taking care" of this little girl that they would have otherwise aborted is disgusting.

Cathy: Thanks for pointing out the FACTS. Should give everyone on this blog pause; don't come to conclusions before learning all the FACTS. Otherwise its just your prejudices and predilections talking.

ERRN: So if you were on the jury maybe you're not persuaded. That's fine. But these parents should have the right to present their claim. If they are right, then the lab (or its insurance company, actually) should compensate them for the costs associated with the child's condition. Like it or not, that's our civil justice system.

Azz, or perhaps I might have been persuaded. Had someone willfully done something really, really wrong. The parents do have the right and they did so. They just have to live with the fallout--people thinking and saying their opinions.

Right...that's our system. And you and your ilk are trying to change it so that people like these monsters are sheltered. Closed doors so that no one has to know that they really would have aborted this little girl. Why do it behind closed doors if there is nothing wrong with it?

Look, I am NOT a RTL...in fact I think many people should have been aborted (think hard about that one)...but can you not see the sadness in a parent saying (directly to their child), "If only I had know (fill in the blank...you had Down's syndrome, you can't play football like your father, you can't play piano, etc) I would have aborted you."

This is by far the stupidest comment on this blog. Who the hell are you to presume to tell others whether or not they can procreate?!?!?!

And if these people chose to do so, they were being prudent by being concerned that the child not have a condition they could not cope with.

Why do some people think they know all the answers and, worse, presume to tell others how to live?

Truly the root of all evil (with apologies to "money").

Hey everybody: ERRN is REALLY trying to get the role of God! Anybody here think she should get the part?

ERRN must have missed the part in the Bible that says, "Judge not, lest ye be judged..."

Yeah, uh, Azz, I don't believe in God. But just in case, if there is one out there, I am not terribly worried if he/she holds the same standards to you, me and these parents when he judges.

Since their daughter is not up for adoption, perhaps you can adopt another special needs child. How about it? (crickets.....)

Would love to adopt but way too expensive (attorney's fees and all.) But I would be more than happy to take this baby and raise it on my own.

If you, diana, or azz, or any liberal out there is willing to pick up the fees...I will adopt and take on all responsibility...

ERRN: .... If you cannot afford the basic adoption fees (which are frankly lower for special needs children, sometimes under two thousand dollars)... how on Earth can you think you will be able to afford all the therapy, special class helpers, medication, and doctor's bills for such a child? How will you have stocked away the thousands of dollars or more for a trust fund for her, for when you are gone, to continue all these very necessary things to keep her safe and healthy, let alone feeling connected to her community as an adult? As once you have adopted her/him... that is your responsibility as a parent, the government sure doesn't give you enough to make all that happen.

And knowing that... how on Earth can you judge the parents of this little girl for doing anything they can to try and find the money to provide such things for her?

Here's the Pro-Life contingent. Typical close minded, judgmental, telling others how to live their lives, presuming they and only they know God's will.

Hey Karl: Judge not, lest ye be judged...

You are wanting, my friend.

" how you treat the least of my children is how you treat me"- Jesus Christ"

And the religious right weighs in. Bet you're a staunch Republican, too. Frankly, having a cousin with Don Syndrome neither makes you an expert nor qualifies you for sainthood. If you want that, offer to willingly contribute to the physical and emotional welfare of children with disabilities. For those of you who still haven't caught on, QUIT WHINING ABOUT YOUR TAXES GOING TO PAY FOR MEDICAID TO PAY FOR THE THERAPIES AND OTHER MEDICAL CARE THESE KIDS NEED TO SURVIVE.

No one other than a previous snarky poster advocated infanticide. Abortion, yes...which is a completely different procedure.

Retired Rn has a real point. Many pro-lifers are the first to complain about food stamps or birth control for the those who need it and rail against the President's health care initiatives. If you want every one of those 85% of those who would have been aborted to be born instead, then our social systems will need to able to help care for them. Many families need extra help from the govt due to medical hardship and those are the programs getting cut. If there are more handicapped children being born, we will need more special ed for the schools but then the GOPers I know are screaming about tax monies being spent on schools. You can't have it both ways.

Retired,

Please stop screaming. You are going to have a stroke. Most "staunch republicans" wouldn't dream of taking needed resources away from those who really need them. It's the welfare queens with fake nails, latest cell phones and nice handbags that has most of them (and me-a staunch libertarian) frustrated. AND I might add the lawyers who bring forth these ridiculous lawsuits (who actually, shockingly, win.)

They can terminate any unwanted pregnancy they want to, that is their choice not the doctors, doctors are not infallible, medical science is just at the beginnings of unraveling the chromosomal soup. Every pregnancy has inherent risk, and if you are disappointed with your child that is your problem. Suing the doctor is not the answer.

Hey Karl: That's your opinion and that's your right. So if you were on the jury (highly unlikely; trial lawyers are trained to look out for close minded people) you would not be persuaded. That's fine. Let's let the other 11 jurors have their vote, shall we?

Again, I must ask...please tell me about this "no-fault" insurance plan! Who buys into it? When (+ preg test?) Mandatory for every pregnant female? WHAT WHAT WHAT??? Please give specifics.

The parents are looking out for their daughter by trying to get her care covered financially. In no way does this lawsuit mean they don't love and cherish her.

If you had a child under these circumstances and were advised that you could insure her future financially, you'd be an idiot to not try to get that for her care. The parents are doing what they can for their family. I understand their concern while pregnant in trying to make sure that they did not get into a situation that would burden their entire family (it is not just about the parents when you bring a handicapped child home). Perhaps they can't afford to pay for their sons' little league or college because the daughter's care impacts their spending ability.

Being a parent of a healthy child is hard enough. It takes dedication and sacrifice. The rewards are incredible, but that does not mean it is easy. They had 2 other children to consider in the equation...

Sorry you feel that way, choosing to kill this child is a sad horrible choice, and I will pray that you will see that the grace of God extends to all humanity , including those that you would label as handicapped.

Karl, there you go again. Abortion is not "killing a child." That is a different topic entirely. And I am not the one who labels handicapped children that way..."handicapped" is general usage...or it was, before all those "differentially abled" euphemisms took over.

Forget it, Cassandra. No amount of reason can open a closed mind. One that is closed by a supposed "faith" is simply impossible.

The REAL sad part is that guys like Karl, who obviously has issues, always want to judge others and tell them how to run their lives. I'd like to see how things are going with Karl's life.

Michelle, I am very sorry for your suffering and I agree completely that it is horrible to hear of babies being abused. But if you could choose to have a healthy baby, I believe you would do it.

I am so sorry for your pain, I feel the same way, every baby is a gift and is full of love whether handicapped or not. It is a sad commentary on our society to devalue life because it is not what is determined to be "Perfect".

Karl, no society has EVER valued handicapped children as much as ours does. It was not that long ago that children with Down syndrome were called morons or dummies or, at best, retarded. I believe one factor is the alliance between Evangelicals who opposed abortion for any reason...and liberal women who have postponed childbearing for their careers, thus raising the risk of birth defects.

You are wrong about this society valuing so called imperfect people, look at the statistics of 85 percent of parents would choose to abort. And it is not just evangelicals who are against abortion for any reason, many other religions around the world do as well including Catholics. Late term abortion is infanticide. Are you okay with a 32 week fetus who is aborted alive having its spine and throat cut with a pair of scissors? It happens, and it is immoral and EVIL. I would not do that to a newborn animal. If someone cannot accept their own child who is born needing special and extra care, then they are not mature enough to deal with the reality of the fragility of health and life

No Karl, we do value the handicapped/disabled/lwhatever term you wish to use. The amount of money that is spend on special education for these kids - many of whom will never be able to ilive independent lives or communicate with others - is bordering on the obscene, particularly when we are cutting back so on education for "normal" kids.

Michelle: What is stopping you from adopting a Downs child? There are literally thousands available at any given time. Put up or shut up!

Karl is one step from shooting up an abortion clinic. Don't get him angry (or I should say, angrier). I think he's off his meds.

Michelle, I'm sorry that you cannot have the children that you appear to want. I'm sorry that anyone who wants and would love a child cannot have one. That being said.....

Here is the reality. I, along with a group of friends, have been "voting" literally thousands of times each over the past five months in a contest for cooling pads to be donated to nonprofits for people whose epilepsy is affected by temperature. Since yesterday, when the contest was changed to a pad for a specific person, we have "voted" more than 1500 times to get a $129 bed cooling pad for a six year old who has Dravet Syndrome, which is a singularly evil form of unrelenting epilepsy that kills children, slowly but surely. Why doesn't her mom just buy her one? Well, first of all, it's almost impossible for someone who is wheelchair bound to get gainful employment. Second, getting child care for this child who has almost constant seizures is not only impossible but even if a day care WOULD accept her she would very probably die during a seizure in one because she requires constant trained medical observation and intervention and Medicaid won't pay for the one medication that actually does have any significant effect on her seizures because A) it has not been approved for use in this country even though it has been shown to work with no more or worse side effects than aspirin and B) it's $1200.00 a month! Needless to say, every donation, every single dime that can be scraped up from anywhere goes for that. However, Dravet seizures are directly related to temperature regulation, and a $129 bed cooling pad would make a huge difference in her life, her brother's life, and her mother's life but MEDICAID WON'T BUY IT!

THAT is the reality of having a disabled child. Sitting there watching your child slowly die because you cannot pay for the things they need just to stay alive, regardless of what you do or don't do, and on the best of days only watching them lose quality of life literally by the minute because you are not a multimillionaire and your friends and neighbors don't want to pay taxes to gve them someting that non-disabled children take for granted.

These parents have not abused their daughter. They have not said they don't want her. What they are doing is trying to make sure she is well cared for the rest of her life.

They are being honest when they say they would have terminated the pregnancy. The stats say that 85% in that situation do choose to terminate. I would have done so as well. With 2 other children to care for, they had to figure out if they were able to care for a handicapped child and still have a quality of life for the others. We do not know if they have a lot of money or emotional support to have done so. For some people, it is less of a burden. If it meant that the mother could not go back to work, that could mean bankruptcy or real trouble for the entire family.

The fact is, she was born and is their daughter. They obviously love her and did not give her up for adoption. They just think that since the test was done improperly that they were denied the information they were relying on. I think it is fair that they get help in caring for her. They will not have a luxury home or cars if they win, but they can have some peace of mind about knowing she will be cared for, especially if something happens to one or both of them.

If you cannot have a child and desperately want one, there are many babies and even more children in the world who could use a loving home. Try not judging these folks who have had a few bad breaks along the way. Try compassion for their situation. Our legal system forces them to categorize things a certain way in order to obtain money to care for her. The author of this article understands that and tried to explain it. It seems to have gone over your head and those of many others here. Try reading slower and absorbing the information.

Retired,

I am going to go out on a limb here and certainly jump to conclusions. This mother PROBABLY became wheelchair bound AFTER she had this child. Instead of spending all your time "voting" (what exactly does that mean exactly...) why not just buy the cooling blanket? I will be more than happy to buy it for this child. Contact me and I will see to it.

And diana, if they are being honest and able to look into this little girl's eyes and say, " I would have terminated you if..."...

love???? oh right...they just needed to have lots of $$$$ to prove it

speechless

Right Azz...money being the root of all evil...