Is it wrong to be born? That question was asked in front of an Oregon jury who responded in a resounding yes with a guilty verdict of 12 to 0 against Legacy Center for Maternal Fetal Medicine and the Legacy Lab. The jury awarded nearly 3 million dollars to Ariel and Deborah Levy for the wrongful birth of their daughter, Kalanit who was born with Down syndrome although the prenatal tests said that she was normal. Levy was 34 years old at the time of her pregnancy with Kalanit and requested genetic tests. She had two previous deliveries of healthy boys and thought she had completed childbearing. Her pregnancy with Kalanit was a total surprise and she wanted to make sure the baby was normal. A chorionic villus sampling (CVS) was done at 13 weeks and the results were good. Levy breathed a sigh of relief, but not for long.
Although the CVS result was normal, Levy’s two ultrasounds weren’t. They were suspicious for Down syndrome but her physician assured her that she had a normal baby and did not bother to do an amniocentesis. When Kalanit was born, a hospital worker informed Levy that she appeared to have Down syndrome. One week later, the diagnosis was confirmed. Levy and her husband were devastated. How could this happen? Kalanit has a rare form of Down syndrome called Mosaic Down syndrome meaning some of her cells do not have abnormal chromosomes.
The Levys initiated a lawsuit in 2007 for a wrongful birth. They contend that although they love their daughter, had they known she had Down syndrome, they would have terminated the pregnancy. The trial languished for 10 days. The Levys received death threats. The Pro-Life and the Pro-Choice supporters squared off in predictable fashion and I shake my head in frustration. The ultrasound didn’t lie. An amniocentesis was warranted. The Levys did not make an informed decision regarding the birth of their daughter because they were not given the correct data.
Physicians don’t walk on water. On some regretful occasions, we will make mistakes. If for any reason you’re not comfortable with your physician or the diagnosis given, please get a second opinion; or even a third. And above all, trust your instincts.
Was it wrong for Kalanit Levy to be born? I’ll let you be the judge.