In the largest settlement of its kind in British history, the mother of a boy with hemophilia and autism was awarded $12 million dollars for the “wrongful birth” of her son who is now six years old.
Mrs. Justice Yip ruled that had Omodele Meadows been given correct information by doctors, she would have aborted Adejuwon, who is now 6.
In a long story with extensive quotes that appeared in Metro, a British daily, Mrs. Justice Yip found against Dr. Hafshah Khan, who, although she did not carry out the initial test, give Meadows the results .
The legal battle was over costs related to Adejuwon’s autism. Dr. Khan’s lawyers agreed to pay about $1.8 million for care related to the boy’s hemophilia. His autism, they said, was not because of physician negligence but a matter of “bad luck.”
Justice Yip disagreed. According to the Metro
“‘I reject the submission that the losses flowing from his autism fell outside the defendant’s assumption of responsibility. […] It follows that I consider that the costs related to Adejuwon’s autism may properly be recovered. Damages will be assessed in the sum of £9,000,000,’ [$12 million].”
Justice Yip went out of her way to argue that Adejuwon was not an “unwanted child.” She wrote, “It cannot be easy for any mother to contend bluntly that her child should not have been born. ‘Her love for her son shone through from her written statements. ‘She had specifically sought to avoid bringing a child with hemophilia into the world, knowing the suffering that condition causes.”
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Justice Yip continued
‘The fact that she says clearly that she would have terminated her pregnancy had she known the baby would have hemophilia is not the same at all as saying that Adejuwon is now an unwanted child. ‘On the contrary, it appears that he is much loved and cared for. ‘The burden of caring for him though is much greater than the burden of caring for a normal healthy child and extends far beyond purely financial cost.’
Meadows had herself tested for the gene linked to hemophilia after a nephew was born with the disease in 2006. When she was given the “all clear,” she did not have detailed genetic testing done on her unborn son. Once Adejuwon was born Ms. Meadows did undergo the testing and found she was a carrier.
She then sued Dr. Khan.
Dr. Anthony McCarthy of SPUC told LifeSiteNews that killing Adejuwon in the womb would have been wrong.
“The judge says that Adejuwon is very much loved and that the claim is not now that he is an ‘unwanted child’,” he told the pro-life publication. “Wanted or not, everyone would admit that it would be utterly wrong to end his life because of his disability.
“Surely our society can support the parents of disabled children without the deeply sinister suggestion that those parents should have been allowed to end those children’s lives. There is nothing medical about facilitating this in the case of an unborn, any more than a born child.”
LifeNews.com Note: Dave Andrusko is the editor of National Right to Life News and an author and editor of several books on abortion topics. This post originally appeared in at National Right to Life News Today —- an online column on pro-life issues.