Jump to content

Parents get 2.9Million in wrongful birth suit


  • Please log in to reply
60 replies to this topic

#51 BunnyBob

Posted 22 March 2012 - 10:04 AM

As usual BMJ has hit the nail on the head.

The other thing to remember is that if they didn't have insurance then, they sure as hell won't have it now. There is not an insurer, not here, certainly not in the US, who will insure a person who has a pre-existing condition for issues assocaited with that condition. They just don't do it, because it would cost too much and they would get too little back.  

Insurance, first, last and always, is there to make a profit for insurance companies. They will pay out too, but they are not altruistic, they are not benevolent, they are there to make a profit.

#52 sueb31

Posted 22 March 2012 - 10:16 AM

I'd have thought it might be like here too - that a child is only covered under insurance till they are a certain age? So it might be nigh on impossible to get insurance for an adult? I don't know how that works in the USA for people with disabilities.

Also, most people in the general public would probably be amazed at the service costs for someone living out of home and needing support. Although certainly there are some people with DS who may not need 24 hour support, many do. Once you are in the position of needing 24 hour carers, the costs are enormous.

As far as health needs, yes they'd probably know whether the girl had heart problems (ie whetehr they needed funding for surgeries). But there are a number of other health problems (including early onset dementia) that only become apparent later in life. There is a higher risk of autism and hearing and visual impairment. As well as mental health problems which include depression, anxiety and psychosis.

I don't wish to weigh in on the moral debate of suing for this situation. But from a financial point of view, I don't think the figures are particularly outrageous when you consider all of the above.

Sue

#53 Liv_FERAL_sh

Posted 22 March 2012 - 11:03 AM

Nothing to add except to agree wholeheartedly with BMJ!

Its very easy to get our judgy hats on and say 'that's disgusting'...it's harder to develop some bloody empathy and think about the realities of down syndrome. I applaud the parents for taking action to ensure their child would have something there to help ensure they are looked after.

#54 jaimmdee

Posted 22 March 2012 - 08:53 PM

In Australia, your settlement firstly pays back Medicare for any related care - yep, that includes all those supposedly free hospital stays.  You also have to repay centerlink for any benefits.  You are then precluded fom claiming on Medicare and centerlink for a period of time depending upon the amount of the settlement.  Again, no free medical care in Australia in those circumstances.

$2.9million won't cover lifetime care for someone with a severe disability.  We live in a world where wheelchairs are $40k (and kids grow), modified vehicles are $60k, standing frame $5k-10k, supportive seating and bedding $10k.  Then you have hoist, commodes, communication devices, adaptive equipment, house modifications, paid carers, medications, appointments, therapy - the list goes on and on.  The parents now have one less thing to worry about - I wish we all could be relieved of that stress.

#55 Mel1609

Posted 22 March 2012 - 09:14 PM

QUOTE (mtilly @ 21/03/2012, 11:53 PM) <{POST_SNAPBACK}>
This assumes that you in no way invested the money. Even if you just stuck the money into high interest savings accounts earning 6% that is already $174,000 per year (or over 14,000 a month!) BEFORE you've even used any of the principle. I feel sad for the family but I think it is a ridiculously large amount of money to award.


Firstly, this type of case is not unique to the US - they happen here all the time, and not just for DS. Secondly, if a child is awarded a pay out due to medical negligence in Australia, you don't just get the whole lump in one go. It's held by the court, and you need to "apply" for money and to show them what it's for - this is to ensure the child is adequately provided for their whole lives, and that the parents or carers don't fritter the money away. So you can't live off the interest I'm afraid. Thirdly, a lifetime of care for child with severe SN can be massive - 2.9 mill is actually not a lot.

It doesn't open flood gates, the gates are already open. Most of these cases don't even get to court - they settle before that needs to happen. If an error has been made, the evidence is clear, there are experts to back it up, etc, etc, the insurers will generally pay once a figure has been agreed upon. It's not a straight forward process and it can take years and years as the child needs to reach a certain age before the extent of their disability can be established. These parents love their children dearly, and only want to make their lives more comfortable, and to be able to give them everything they deserve.

Edited by Mel1609, 22 March 2012 - 09:36 PM.


#56 lamarque

Posted 22 March 2012 - 09:17 PM

QUOTE (Lightning_bug @ 21/03/2012, 11:13 PM) <{POST_SNAPBACK}>
So?  I would think you could safely presume the court knew the type of testing.  Had all sorts of experts who know far more than DR Google would and they decided there was sufficient fact and evidence to conclude the parents were misled.

Unless, of course, some key specialist in the field of genetic testing is on EB (which is quite possible), the general public can presume safely there were probably facts beyond many people's average understanding and comprehension presented to the court and the court was satisfied.

Of course, I could be wrong.  Maybe some lay person should check over the shoulders of the courts to 'tut' their moral objections to the facts.

And they're not suing for some undiagnosable condition.  They're suing for a diagnosable one.  One they were guarenteed their child didn't have.  There's a massive difference.

Ahh, a breath of fresh logic.  Well said.

The Court case is done and dusted and they won.  No point discussing what tests may or may not have been undertaken.  If a doctor had told them the test was inconclusive or not 100%, we wouldn't be here discussing it.  

I hope their lives are made somewhat easier.



#57 bluecardigans

Posted 22 March 2012 - 09:43 PM

Can't find anything more recent..This is back in 2006...
QUOTE
The report shows that the cost of accommodation support services per user in institutional or residential settings in New South Wales ($107,124) was similar to some other major jurisdictions, being Victoria ($112,643), and Western Australia ($117,712).


That is just accommodation per year and doesn't include adult day program support or any medical or therapy expenses.
http://www.audit.nsw.gov.au/ArticleDocumen...df.aspx?Embed=Y


#58 Studybug

Posted 22 March 2012 - 09:43 PM

There's a lot of sense being made in this thread - ahh refreshing... wink.gif

Just another pp agreeing with BMJ and the like.

As an aside, is this the feminist Ariel Levy the author of Female Chauvinist Pigs?...

#59 -Emissary-

Posted 25 March 2012 - 10:28 PM

I am glad they won that money. I do hope that it would make their lives easier.

QUOTE (mtilly @ 22/03/2012, 08:35 AM) <{POST_SNAPBACK}>
That's actually not correct. Again, you are assuming that the money was not invested. Let's assume 2,000,000 remaining after legal fees, if invested in say a high interest account (I'm sure there would be better options for that amount of money but for now this will do), at 6%, that leave $120,000 per year even if you NEVER spent the principle.


I don't think there is anywhere in the world that you can get an interest rate of 6% at the moment. In the US, the interest rate is.. 1%?

Obviously if they are financially savvy then they'll be able to invest their money wisely. Either way, they are now in a better position than before.

#60 canuckmel

Posted 27 March 2012 - 09:52 PM

QUOTE (Fancy and Epic @ 21/03/2012, 07:53 PM) <{POST_SNAPBACK}>
I'd sue in a heartbeat if I were hellbent on not raising a child with SN and I went through a process like amnio and was assured my child did not have the condition being tested for.  

Kids with SN have significant impacts on the parents ability to earn and cost serious money to raise.  I cannot see the problem with wanting someone else to meet those costs after the parents did what they could to prevent the condition they were unwilling to deal with.

And I do not think it does not mean they do not love the child they are raising.  In some ways you can see this as assuring the child's future financially as either it means there is enough money that the parent/s do not need to return to work while they are needed or there is enough money to take care of the child's future.

Childbirth and pregnancy are risky.  Genetic conditions which can be tested for are less risky--if they were assured the baby did not have DS, then they had the right to sue IMO.


I was about to comment with basically this exact response.

#61 canuckmel

Posted 27 March 2012 - 09:55 PM

QUOTE (fertile woman @ 21/03/2012, 08:38 PM) <{POST_SNAPBACK}>
At the same time it breaks my heart when parents start legal action over an existing child.  I don't think it requires 2.9 million dollars extra to raise a SN child so it makes me feel (rightly or wrongly) that they are seeking compensation for having a child they don't want at all.


We are talking about America though, a country with a 'user pays' medical system where a condition such as cancer can send you bankrupt and force a family to sell their home and live on welfare.




2 user(s) are reading this topic

0 members, 2 guests, 0 anonymous users

 

WIN a $500 Visa debit card

Are you a parent? Simply take our survey for your chance to win a $500 pre-paid VISA debit card.

Breastfeeding doesn't make you a better mum - feeding your baby does

Given my immense dislike of Hopkins and her opinions, I was genuinely shocked to discover that last week she actually said something that I agreed with.

'Toni, another baby has died': the anguish of watching governments fail our babies

It has been six years since whooping cough claimed the life of four-week-old Dana McCaffery. Her parents are angry that lessons learnt weren't enough to save other babies.

Longer breastfeeding linked to higher IQ

A study of 3500 infants has found that babies who are breastfed grow up to be more intelligent and wealthy.

The 2015 flu vaccine: what's new, who should get it

For certain members of the community, catching flu can lead to severe illness or death. A vaccination can be lifesaving.

Dealing with a nappy escape artist

I hear about the tots that have a penchant for ripping their nappies off and the odd one that even smears the brown stuff on the walls and fine home furnishings, and I shudder.

Hospital apologises for 'traumatising' baby mix-up

St Vincent's Hospital has apologised "unreservedly" for a baby mix-up that left one new mum traumatised.

Tips for flying with a baby

Travelling with kids requires a whole other set of skills - ones that I have learned through (sometimes unfortunate) trial and error.

How to stay calm in an emergency

I’m not expecting you to be as calm as you might be right now. What I mean is that if your panic levels are through the roof during a stressful situation, let’s bring them down to just under the ceiling.

Toddler gets 'drunk' after cranberry juice mix-up

A toddler was taken to hospital after a waitress served her sangria instead of cranberry juice at a US restaurant.

We need to stop using this word when we talk about childbirth

Is it shaming to point out that women are often being let down in birth?

The certificate helping parents deal with pregnancy loss

For some people, this certificate will offer a sense of validation that their child was acknowledged as being here and now gone, and will help them with life post-loss.

Grieving families give warnings after toddler deaths

Two Queensland families are grieving the loss of their toddler sons after the boys drowned in separate incidents last week.

The phenomenon of phantom pregnancy kicks

'Phantom pregnancy kicks’ are encountered by many mums months - or even years - after their pregnancy is over.

The health insurance advice you can't afford to ignore

There's one simple switch that could save you hundreds of dollars a year in private health insurance.

4D scans show how smoking affects babies still in the womb

The harmful effects of smoking during pregnancy on unborn babies may be seen in tiny movements in their faces using 4D ultrasound scans, research has found.

How to babyproof your job interview

Once upon a time, I was a fan of job interviews. That all changed after I'd switched careers, had a baby and decided to spend the first year at home with her.

Sign up to our 30 days of #PlayIQ challenge

Sign up to receive 30 amazing tips and ideas for play with baby during the month of April and submit a picture or tip on our social wall for a chance to win an amazing Fisher-Price prize pack.

The most dangerous toddler food trends

Pete Evans' paleo cookbook for kids caused a storm, but there are plenty of other unsafe food trends for babies and toddlers.

Infection killed new mum of twins

Modern medicine could not save 19-year-old Sophie Burgess who died 48 hours after giving birth to twins in the UK.

Win a Ben & Holly's Little Kingdom prize pack

To celebrate the April 1 release of Holly's Magic Wand on DVD and Digital, we are giving away five DVD packs featuring the newest installment of Ben & Holly's Little Kingdom Holly's Magic Wand and many more hours of family entertainment! Enter Now!

Special Ticket Offer, Save $8!

The Essential Baby & Toddler Show is back this April! Save $8 off the door price for a limited time only!

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Sign up to our 30 days of #PlayIQ challenge

Sign up to receive 30 amazing tips and ideas for play with baby during the month of April and submit a picture or tip on our social wall for a chance to win an amazing Fisher-Price prize pack.

Man faces jail after giving woman abortion pill smoothie

A Norwegian man is facing jail after putting abortion pills in his ex-girlfriend's smoothie, causing her to have a miscarriage.

'He's a blessing': family of baby born without eyes

Jordy Jackson was born without eyes. He has anophthalmia, which affects one in every 100,000 babies born.

Win one of 5 Cadbury Easter Hampers

With Easter fast approaching, Cadbury are giving away 5 Cadbury Easter Hampers. Enter Now!

Super fit model Sarah Stage defends her pregnancy body

Model Sarah Stage has defended her pregnancy body after critics claimed her slim figure at eight-and-a-half months pregnant wasn't "normal".

Win a Ben & Holly's Little Kingdom and Peppa Pig prize pack

To celebrate the April 1 release of Holly's Magic Wand on DVD and Digital, Essential Baby and Entertainment One are giving away five bumper DVD packs featuring the newest installment of Ben & Holly's Little Kingdom Holly's Magic Wand and many more hours of family entertainment! Enter Now!

Why I post breastfeeding photos online

I love to take pictures of my children. In some of the pictures, my younger son is nursing.

The day I broke my baby

There are things I wish I didn't know. I wish I didn't know that companies make tiny braces, small enough to hold necks no bigger than a wrist.

The place just for dads of multiples

When a couple discovers they're expecting multiples, the dad can sometimes be almost forgotten in all the excitement and preparation. But one group offers a space just for dads of twins and higher-order multiples.

Brave mum calls for domestic violence law reform

A brave mum of two has shared details of the harrowing attacks she suffered at the hands of her partner in a bid to help other victims of domestic violence.

Why I had the new test for Down syndrome

Early last year I turned 35, and having just found out I was pregnant, I opted to have the new test for Down syndrome.

Geeky baby gear

If your family is more into Star Wars, gaming and the periodic table than most, you might want to check out these geek-chic baby items.

2015: the year of the sheep

According to the Chinese zodiac, babies born in the year of the sheep are creative and enjoy spending quiet time with their own thoughts.

Breakthrough genetic testing now available in Australia

Pregnant women will for the first time have access to locally analysed, accurate, non-invasive pre-natal genetic testing when the first Australian clinic to offer the services opens its doors next week.

Grandbabies: the babies born looking old

Not a day under 65 and a lifetime of struggle! That's the look of these newborns, who look adorably older than their real age. Social networking site Reddit recently featured user submissions of adorable grandbabies, here are our favourites.

Family kicked off flight after toddler seatbelt drama

An entire family was kicked off a Cathay Pacific flight when a misbehaving toddler refused to put his seatbelt on.

Stolen baby found after 17 years

A baby stolen from her mother's arms shortly after birth has been found through an astonishing coincidence.

53 creative pregnancy announcements

Announcing that you're expecting can be a time to express your creativity, sense of humour and imagination. Check out how other parents and parents-to-be have broken the news to friends and family.

IKEA hacks for the nursery and kids' rooms

Are you one of those that know the whole IKEA catalogue by heart? Love their stuff but want to personalise it? Here's some inspiration to help you realise the potential of IKEA furniture and fittings.

36 baby names inspired by food and drinks

A French court may have ruled out Nutella as a baby name, but that doesn't have to stop you from taking inspiration from the supermarket (or bottle shop). See what parents in the US have chosen for their delicious little ones.

Clever breastfeeding products

Check out this range of products designed to help make your breastfeeding journey more enjoyable, manageable and convenient.

 

Sign up now!

30 days of #PlayIQ challenge

Receive a daily email from Essential Baby during April with great play tips and ideas, then submit your baby at play photos to our Playwall, Instagram or Twitter for your chance to win.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.