David K. Miller, of the Oregon law firm Miller & Wagner, LLP, represented a Portland-area couple who was awarded almost $3 million last Friday in a “wrongful birth” case. The couple gave birth to a daughter with Down syndrome, even though the couple was previously told prenatal tests had “definitively” ruled out their child having the chromosomal abnormality.
As a result of the negligently performed prenatal tests, the couple based their difficult and personal decision to continue the pregnancy on incorrect information. Although the couple loves their daughter very much and wants to maximize her care, therapy and educational opportunities, they are faced with the substantial financial realities of paying for her current and future medical expenses.
After a 10-day trial in Multnomah County Circuit Court, a jury took less than six hours to reach their unanimous verdict in favor of the Portland-area couple.
The money awarded will be used to help cover the costs of care the child will need throughout her lifetime. She currently needs physical therapy and speech therapy, and will certainly face other future health issues. Experts think it is highly unlikely she will ever be able to live independently.
“Wrongful birth” suits are rarely filed in Oregon or across the United States. This case, however, demonstrates that plaintiffs in such suits can prevail and receive funds to deal with the significant costs of caring for children facing substantial physical and mental challenges.
The medical malpractice firm of Miller & Wagner, LLP is committed to helping victims and their loved ones who have suffered serious injury or wrongful death due to the negligence of medical providers. For more information about Miller & Wagner, call now.