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PostPosted: Fri Jun 09, 2006 2:49 pm 
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One of the cases I'm working on kind of bugs me... thought it might make a good topic to yap about other than the general yappy stuff I post.

A couple who after the birth of their first son finds out that they are both carriers of a certain gene that causes Cystic Fibrosis (known as CF from here on). A few years later they decide to try and have another child, the plan being that they are going to have a test done before the child is born and if it has CF they will terminate the pregnancy. The lab that does the test screws up and tells the couple the child is fine. The child is born, and seems fine a year or so later the doctor does a sweat test (apparently something to do to test for CF) and the test comes back positive. The child has CF. The couple then sues the lab for the false results (which they should) and the lab acknowledges that they are at fault. Instead of suing for the false results the couple sues for some bs reason, they claim that the lab screwed up and as a result caused the wrongful birth of their child. I don't know the result of this case since it hasn't come across my desk yet.

Ok. While I agree that they should sue for the wrong results.. isn't it kind of messed up to say the child was wrongfully born?! They supposedly love this child and yet they are announcing not only was he a mistake but not wanted?! What the heck is wrong with some people?

So anyway the case has gotten some conversation going at work. The question is, if you KNEW that you and your spouse were carriers for certain birth defects/disease would you take the chance and have a child? Would you get pregnant and then have a test done to decide if you should carry the child to full term?

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PostPosted: Fri Jun 09, 2006 3:03 pm 
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Origam wrote:
What the heck is wrong with some people?



$$$$

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PostPosted: Fri Jun 09, 2006 3:03 pm 
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Origam wrote:
One of the cases I'm working on kind of bugs me... thought it might make a good topic to yap about other than the general yappy stuff I post.

A couple who after the birth of their first son finds out that they are both carriers of a certain gene that causes Cystic Fibrosis (known as CF from here on). A few years later they decide to try and have another child, the plan being that they are going to have a test done before the child is born and if it has CF they will terminate the pregnancy. The lab that does the test screws up and tells the couple the child is fine. The child is born, and seems fine a year or so later the doctor does a sweat test (apparently something to do to test for CF) and the test comes back positive. The child has CF. The couple then sues the lab for the false results (which they should) and the lab acknowledges that they are at fault. Instead of suing for the false results the couple sues for some bs reason, they claim that the lab screwed up and as a result caused the wrongful birth of their child. I don't know the result of this case since it hasn't come across my desk yet.

Ok. While I agree that they should sue for the wrong results.. isn't it kind of messed up to say the child was wrongfully born?! They supposedly love this child and yet they are announcing not only was he a mistake but not wanted?! What the heck is wrong with some people?

So anyway the case has gotten some conversation going at work. The question is, if you KNEW that you and your spouse were carriers for certain birth defects/disease would you take the chance and have a child? Would you get pregnant and then have a test done to decide if you should carry the child to full term?



The first thing that came to mind is $$$ with the term "wrongful birth" vs. faulty results. And here's a couple who won $1.3 million for the same, although they weren't carriers of a faulty gene, but their child was born severely retarded and they believe it should have been detected on the sonogram.

http://www.cbsnews.com/stories/2003/06/ ... 9472.shtml

If I knew we were carriers of a birth defect, no way would I try to have a child, then check for it and terminate if necessary. How selfish of this couple. They should have adopted. (a kid, cat or dog). Unfortunately, they'll probably win.


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PostPosted: Fri Jun 09, 2006 3:04 pm 
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From that article:

But wrongful birth suits are not accepted everywhere. Right now, only twenty eight states recognize them, and nine states prohibit them outright. And most of these cases are settled out of court.

“When your client is offered a certain amount of money that's going to change their life, what more is it that you think you can do for your client,” says Harz.

Wrongful birth suits often settle out of court for less money than a jury might award because insurance companies don't want a child like Jade brought before a jury. Plus, sonograms don't always make the most convincing evidence at trial.


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PostPosted: Fri Jun 09, 2006 3:05 pm 
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And...

Wrongful birth suits give children and adults with disabilities the message that our very existence was a tragic mistake,” says Saxton at a disability conference.

“The message is that these children’s' lives are so miserable and such a burden to the family that the only compensation would be millions of dollars. And this is such a distortion, of what these children’s' lives are like.”


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PostPosted: Fri Jun 09, 2006 3:12 pm 
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Grace wrote:
And...

Wrongful birth suits give children and adults with disabilities the message that our very existence was a tragic mistake,” says Saxton at a disability conference.

“The message is that these children’s' lives are so miserable and such a burden to the family that the only compensation would be millions of dollars. And this is such a distortion, of what these children’s' lives are like.”


Thats the ticket right there Grace...The burden on the family. In todays "Me" society they don't want the hassle.

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PostPosted: Fri Jun 09, 2006 3:12 pm 
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Yeah money seems to motivate a lot of people. They will more than likely win because they are partially in the right. The lab committed an error and admits to it. That part I'm ok with. The part about wrongful birth though.. that just irritates me. How's that poor kid going to feel when he can understand all of this?

I guess it would depend on the severity of the illness or defect that my genes had. I'd need to know the worst case sceneario and some other fun stuff before I could decide. I couldn't get pregnant and THEN decide if I wanted to keep it or not.

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PostPosted: Fri Jun 09, 2006 4:17 pm 
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It just makes me sick to think that someone would get pregnant THEN do a test to see if they want the baby or not. Either you want a child, or you don't. However that child turns out, he/she is supposed to be loved like any other child, and it's a decision you make before you get pregnant. "Oh, he's not going to be normal? Well, we'll just suck him out piece by piece with a vacuum. We certainly wouldn't want to be burdened by that!" :roll:

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PostPosted: Fri Jun 09, 2006 5:37 pm 
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Mr. Venom wrote:
Grace wrote:
And...

Wrongful birth suits give children and adults with disabilities the message that our very existence was a tragic mistake,” says Saxton at a disability conference.

“The message is that these children’s' lives are so miserable and such a burden to the family that the only compensation would be millions of dollars. And this is such a distortion, of what these children’s' lives are like.”


Thats the ticket right there Grace...The burden on the family. In todays "Me" society they don't want the hassle.


Another aspect is the huge medical expense and the much shortened life span. I believe with early detection and treatment the current expectation is death by the 30s which has only improved from the early teens in the last couple of decades or so. Knowing you are bringing a child into the world that will be doomed to an early death and not a pleasant death is a difficult option for many people.

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Last edited by Wayne Stollings on Sat Jun 10, 2006 8:05 am, edited 1 time in total.

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PostPosted: Sat Jun 10, 2006 7:31 am 
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I carry the gene for muscular dystrophy (though that's not really why I chose not to have children), my sister and cousins and I were all tested when we were in our teens.
What's odd is that one of my cousins tested negative and had a child that has MD.
I wanted to comment on this:

Quote:
Thats the ticket right there Grace...The burden on the family. In todays "Me" society they don't want the hassle.


Raising a child with severe disabilities is a lot more than a "hassle", Venom, there's literally millions of dollars in potential doctor and hospital bills over the rest of the child's life, special schools, transportation, housing, therapy, home care by nurses, and of course the inevitable watching the child die before you do, often an unpleasant death in the best of circumstances.
Don't presume that people don't want these children to save themselves a little "hassle", because you obviously know little about it.

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PostPosted: Sat Jun 10, 2006 9:45 am 
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oinks wrote:
Don't presume that people don't want these children to save themselves a little "hassle", because you obviously know little about it.


Know little about what? The fact that my family carries rare blood diseases,heart disease,kidney disease,and now were finding severe cases of mental illness which my youngest sister and one of my nephew is now suffering? You're right .I just don't understand huh?

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PostPosted: Sat Jun 10, 2006 11:34 am 
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Everyone carrying genes of a disorder which would cause disease in a child and public expense, should be forced to be sterilized. The ones already done should all be red worm composted.
This is the only way to get rid of these horrendous genetic diseases and deformities that stupid, careless, selfish people keep on--to the expense and detriment of society. :x

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PostPosted: Sat Jun 10, 2006 1:04 pm 
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Quote:
Everyone carrying genes of a disorder which would cause disease in a child and public expense, should be forced to be sterilized. The ones already done should all be red worm composted.
This is the only way to get rid of these horrendous genetic diseases and deformities that stupid, careless, selfish people keep on--to the expense and detriment of society.


I do believe genetic prefection was attempted back in the 1930s and 1940s in Germany. It didn't work out too well.

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PostPosted: Sat Jun 10, 2006 1:23 pm 
hunter88 wrote:
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Everyone carrying genes of a disorder which would cause disease in a child and public expense, should be forced to be sterilized. The ones already done should all be red worm composted.
This is the only way to get rid of these horrendous genetic diseases and deformities that stupid, careless, selfish people keep on--to the expense and detriment of society.


I do believe genetic prefection was attempted back in the 1930s and 1940s in Germany. It didn't work out too well.


It worked out pretty good for those in position of authority, for quite awhile. And of course, by virtue of their authority, they had the right to do as they saw fit.


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PostPosted: Sat Jun 10, 2006 2:31 pm 
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hunter88 wrote:
Quote:
Everyone carrying genes of a disorder which would cause disease in a child and public expense, should be forced to be sterilized. The ones already done should all be red worm composted.
This is the only way to get rid of these horrendous genetic diseases and deformities that stupid, careless, selfish people keep on--to the expense and detriment of society.


I do believe genetic perfection was attempted back in the 1930s and 1940s in Germany. It didn't work out too well.

Now, now, turkey, I didn't say anything about perfection did I.
The way humans evolved up until several thousand years ago, was that the strongest survived and provided the most, selected the best looking women, and anyone who couldn't keep up, survive battle and hunting large game, was left to die. That was God's way, and a good one. Perhaps mimicking this would be a very good thing, but is probably logistically and psychologically impossible. So let the crash sort 'em out.

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