Wrongful Birth!

Not only do some folks deserve to die in our culture, others shouldn’t have even been born!

From the Plain Dealer

In the Cuyahoga County case, Coleman received an ultrasound four months into her pregnancy. Although the heart, head, brain and face of the fetus were not clearly shown, doctors did not order another scan. Coleman said she was never told about the unclear pictures.

In December 2001, Coleman gave birth to a daughter who had alobar holoprosencephaly, a fatal genetic condition in which the brain fails to develop. After the baby died, Coleman was told that a proper ultrasound could have detected the condition, though nothing could have been done to prevent the disorder.

A trial court ruled in favor of defendants Dr. Vikram Dogra and University Hospitals of Cleveland/Cleveland Women’s Health Center and others. The 8th Ohio District Court of Appeals reversed that decision in part, saying that Coleman had the right to make a “wrongful birth” claim. The defendants appealed to the Ohio Supreme Court.

In the second case, Helen Schirmer of Kentucky underwent genetic testing and counseling during her pregnancy because she knew she carried a dormant genetic disorder, Trisomy 22, that she could pass on to her children. The disorder causes severe mental retardation and physical disability.

The tests mistakenly informed Schirmer she was carrying a healthy child, but in September 1997 she gave birth to a son who is unable to speak, walk, stand or crawl and is totally dependent on his parents for care.

A trial court ruled in favor of defendants Mount Auburn Obstetrics & Gynecologic Associates in Cincinnati. The 1st Ohio District Court of Appeals reversed that decision in part, saying that Schirmer could pursue damages for economic costs under a “wrongful birth” claim. The appeals court allowed collection of damages only until Schirmer’s son reaches 18 and denied a request for pain and suffering claims, known as non-economic damages. Both sides appealed to the Ohio Supreme Court, which is expected to rule by fall.

Richard Garner, the lawyer for University Hospitals in the Coleman suit, said plaintiffs cannot prove cause or liability for legal damages against his clients.

“We disagree there has been a breach of duty,” Garner said.

Responding to a Justice O’Donnell question, Coleman’s lawyer James DeRoche said suggestions that his client’s claim was over the loss of a right to an abortion are untrue.

“The damage claim is for emotional trauma and harm and for the extraordinary cost,” DeRoche said. “The outcome should have been foreseen.”

I hope the Ohio Justices have the brains not to take this case. It will just mean more expensive testing for women, more costs for insurance companies (and higher premiums for consumers) and greater malpractice costs for doctors and hospitals. Instead, maybe some counseling for these moms on the gifts their babies are despite their handicaps would be in order.

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