Couple Wins Suit, Doc Didn’t Suggest Aborting Baby With Down Syndrome

State   |   Rebecca Taylor   |   Mar 13, 2012   |   3:37PM   |   Washington, DC

A couple in Oregon has been awarded $2.9 million because they would have aborted their little girl had they known she had Down Syndrome. Deborah and Ariel Levy told an Oregon court that prenatal testing they received said little Kalanit did not have Down Syndrome. The Levy said that they were devastated when Kalanit was diagnosed after she was born.

$2.9 million for saying you would have killed your child in the womb if you only had known.

The Levys insist that they were only suing for funds to help care for Kalanit. What about caring for her mental and emotional health? How devastating would it be to know your parents stood up in a court of law and told anyone who would listen that they would have ended your life if they had known your genetic make-up. And then were awarded millions.

The Levys also have 2 boys who are older than Kalanit. What about them? What will they think when they find out that their parents stood up in a court of law and told anyone who would listen that they would have ended your beloved sister’s life because of her genes. And then were awarded millions.

Wrongful birth lawsuits like these are just plain wrong. It would be one thing if the doctors caused an injury to the child, but to be awarded money because they did not afford you the information that would have lead to to kill your child is simply beyond comprehension. No court should ever be able to rule that a citizen was wrongfully born.

A handful of states have laws against these kinds of lawsuits for this very reason. And without protection from legal action, doctors and other medical professionals are coerced into a prenatal seek-and-destroy mission. In states like Oregon where wrongful birth lawsuits are allowed, if medical professionals are not successful in finding everything that could possibly be “wrong” with a child, they may be sued. That is not health care. That is eugenics.

Wesley J. Smith wrote the following about this case in the Daily Caller:

The time has come to reverse course. We could begin with states prohibiting wrongful birth lawsuits as a matter of public policy. We may have a right to have a baby, but we don’t — or at least shouldn’t — have a right to the baby we want. Most importantly, none of us should ever be declared by a jury to be a wrongful life. May Kalanit never learn that her parents would have prevented her from ever being born.

In the meantime, we need to proclaim loudly and proudly the joy and happiness that people with Down Syndrome bring the world. We truly are better off with their love and kindness.

But don’t take my word for it. Watch this video from the International Down Syndrome Coalition for Life and you will want to award $2.9 million to each and every one of these families: