Ariel and Deborah Levy won their “wrongful birth” suit against Legacy Health System, arguing they chose to continue their pregnancy based on what doctors told them, according to ABC News, and would have terminated it if they had not been assured their baby did not have the genetic condition.
Jurors found five instances of Legacy Health’s negligence, including a doctor’s finding that the baby had a normal chromosomal profile based on a test that was performed and analyzed incorrectly.
Thirteen weeks into Deborah Levy’s pregnancy, according to The Oregonian, her doctor tested a sample of tissue and concluded the baby did not have any chromosomal problems. Even though later tests suggested it might have Down syndrome, doctors assured the family that nothing was wrong.
A week after the baby was born, the Levys discovered their baby did in fact have Down syndrome. The doctor had taken a sample of the wrong kind of tissue, according to the lawsuit – a mistake that was never caught.
They also argued the doctors were “negligent in their performance, analysis and reporting” of their daughter’s test results after she was born.
The child is now four years old.