Jump to content

Parents get 2.9Million in wrongful birth suit


  • Please log in to reply
60 replies to this topic

#51 FeralBob!

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

 

For and against

Should Blue Ivy have been at the VMAs?

Many were quick to condemn Beyonce and Jay Z after appearing on stage at the MTV Video Music Awards with their two-year-old daughter, but others thought it was a sweet family moment. What do you think?

Toddler attacked at gym creche

Two-year-old girl Eva Ness was left with a black eye and bite marks on her face and body after an altercation with an older child at a health club's child-minding facilities. Now her parents are calling for the centre to be closed.

Pregnancy a tricky matter of timing for FIFO couples

Manipulating rosters, coordinating 'conjugal' visits, working on site with your partner; getting pregnant can prove stressful for FIFO workers.

WIN a $100 RedBalloon for Dad

Enter now for your chance to win 1 of 5 $100 RedBalloon experience vouchers. Helping you make Dad's Day EXTRA HAPPY.

Carseats have twice as many germs as a toilet

Most parents know their child's carseat is not always squeaky clean, but they might not realise just how dirty it really is.

Doctors remove foetus from 'medical marvel' after 36 years

Doctors in India have removed the skeleton of a foetus that had been inside a woman for 36 years.

Nine months in six seconds: new parents' Vine clip a hit

We?ve seen some memorable time-lapse pregnancy and birth announcement videos before. Now one new couple has taken it to the extreme, capturing it all in just a six-second Vine video.

Sonia Kruger speaks of baby joy

Celebrity mum-to-be Sonia Kruger has spoken candidly about using donor eggs and IVF to fall pregnant at age 48.

Dressing to not impress: life through the eyes of a three-year-old

When it comes to getting dressed, my three-year-old has only one criterion: ?I don?t want to look beautiful.? And now I've worked out why.

Special nappies made with love for angel babies

Angel Baby Nappies make and provide tiny bereavement cloth nappies for pre-term stillborn babies and premature babies who pass away in the NICU.

Inside the brain of a tantruming toddler

What's going on in your child's mind in the lead-up to a tantrum? And what?s the best way to respond?

5 secrets to a long-lasting relationship

When it comes to keeping your relationship strong, it?s what you do - and not what you want - that really matters.

When 'furbabies' meet real babies

I am obsessed with my dogs, and can't imagine loving them any less once my baby arrives. But that doesn't stop everyone from telling me I will.

The least popular baby names of 2013

Looking for a baby name that?s nowhere near the top 10 ? or even the top 1000? Try the bottom five.

'I was so sleep deprived I crashed my car'

There are no laws regulating driving while tired, but statistics show that driver fatigue is one of the top three contributors to the road toll.

Why are there so few sexy maternity bras?

Rather than feeling ashamed of their post-baby bodies, women should be free to buy lingerie that makes them look attractive and pretty - no matter what stage of life they're in.

Toddler Alliyah one step closer to first trip home

She has lived the first 14 months of her life in a hospital intensive care unit, but Alliyah Broadby's parents hope to finally take their little girl home with them.

'Put people before IVF profits': IVF pioneer Alan Trounson

IVF could be done for hundreds of dollars in Australia instead of $8500 if clinics stopped charging what ''the market will handle'', a pioneer of the technology says.

Expectant parents urged to swap the pub for bub

Nearly one in five women drink while pregnant, but a current campaign is trying to drive down that unhealthy statistic.

Nutella supplies threatened by bad weather

There's bad news for fans of Nutella, the gooey, chocolatey hazelnut spread.

The cost of growing your own vegies

Does it make financial sense to grow your own veggies, or are you better off ordering produce from the local food co-op?

Breastfeeding mums less likely to suffer from PND, but all need support

A new study has shown the a complex relationship between a mother?s intention to breastfeed, her ability to do so, and postnatal depression.

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Win back some precious time and get FREE coupons

Membership to eBay's Bubs? Corner is free and includes a $10 coupon to spend on nappies each month - a win for multitasking mums!

Do you suffer from Precious Firstborn Syndrome?

Testing ?no more tears? shampoo in your own eyes, warming cucumber sticks so they're not cold straight from the fridge, waking a sleeping baby to check they?re still breathing: these are all symptoms of Precious Firstborn Syndrome.

Ezra's tragic death not in vain, mum says

Little Ezra was a "Harry Houdini" who loved trying to escape the family home. Now, after his tragic death, his parents are doing what they can to help others.

7 mistakes old hands make with new babies

As I sat across the table from my friend ? me, a seasoned mother of three; her, a brand new mum ? I thought of all the mistakes an old-hand parent can make when visiting a newborn baby.

Video: When adults act like children

Ever wondered what would happen if adults were allowed to act like children? This dad's hilarious video clip will give you an idea of what life would be like.

Mums hit hardest as flu cases skyrocket

The number of confirmed cases of influenza in Australia has doubled the number for the same time last year - and women are 25 per cent more likely to get it.

The mum who had four babies in nine months

Feeling exhausted due to the demands of caring for a baby? Imagine the life of this mum, who gave birth to three boys and one girl in just nine months.

Everything baby at Big W

Lowest prices on everything baby, only at Big W. Sale starts August 4 and ends August 20 2014.

Smiggle is painting the town red!

We have 3 Red Smiggle prize packs to give away! Enter by posting a photo of something red to your Instagram.

Going viral

Mum gives birth at school

After four decades in the industry, pest controller John Birkett couldn't believe what he found in one woman's bedroom.

Personalised baby gifts

We've scoured the internet to find gorgeous personalised keepsakes and nursery decor to record baby name and dates. They make great gifts for christenings, name days and birthdays! (All prices in AU.)

 

Mind, body, beauty, life

Making time for me

We look at your wellbeing, covering health, relationships, beauty and fashion, mind and body.

 
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.