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In a unanimous decision, a Washington appeals court has upheld a $50 million verdict in favor of a King County couple whose son was born with severe birth defects that should have been spotted by genetic testing.
The three-judge appellate court affirmed the December 2013 verdict in favor of Rhea and Brock Wuth, whose son Oliver suffers from a chromosomal problem the Wuths had asked doctors to check for. Three care providers – including the Valley Medical Center in Renton – had asked that the judgment be thrown out.
Born in 2008, Oliver’s body didn’t make sense. His fingers were long, but his hands, like his feet, were tiny. His head was bent and turned, his leg muscles so tight they wouldn’t straighten. His parents described him as “vacant” and “broken.”
Prior to his birth, the Wuths had worried that Oliver would be afflicted by a rare genetic abnormality that Brock carried. Prenatal tests conducted by Laboratory Corporation of America for Valley Medical Center came back clear because of errors by staff at both organizations.
The Wuths sued in 2010, claiming the hospital and lab caused a “wrongful birth” by failing to properly conduct the genetic tests. A King County Superior Court jury agreed and awarded the $50 million judgment.
Read full, original post: $50 million dollar verdict in Seattle-area ‘wrongful birth’ doesn’t shock the conscience
