Woman sues doctor for being born

[Raph's Girl]

http://www.courttv.com/news/2005/1110/harriton_ctv.html

A blind and deaf Australian woman who claims she never should have been born is suing a doctor for a lifetime of suffering in the country's first "wrongful life" suit.

Alexia Harriton, 24, is seeking compensation from the doctor who misdiagnosed rubella in the first trimester of her mother's pregnancy, claiming Olga Harriton would have aborted her had she been aware of the potential birth defects arising from the illness.

Lawyers for the Sydney woman argued in Australia's highest court Thursday that Dr. Paul Stephens is liable for the costs arising from a lifetime of medical treatment that Harriton needs to survive.

His negligence resulted in the birth of a child who is "profoundly disabled," a media spokesperson for the law firm representing Harriton told Courttv.com.

Harriton's lawyers claim that Stephens had a duty to Olga Harriton and to her unborn daughter to inform her of the risk of the infection passing to her child.

"Had the rubella been diagnosed, Olga [Harriton] would have exercised her lawful right to terminate the pregnancy," court documents state.

The suit says Harriton, 24, who was born mentally retarded, spastic, deaf and blind, is in need of constant round-the-clock care from which she "can look forward to no improvement" in the future.

Harriton's attorneys asked Australia's Court of Appeals Thursday for unspecified damages associated with Alexia's "rubella affected life," including the costs of special care, medical expenses, housing and other expenses, according to a press statement. The lawyers would only speak to Courttv.com through their spokesperson, Kerry O'Shea.

A statute of limitations prevents Harriton's parents from filing the claim, making the case the first in Australia to be filed against a health-care specialist by a child born with congenital defects.

Harriton's suit, which was initially filed in 2002, was denied by lower courts on the grounds that the doctor did not breach his duty to the mother or the child.

"The defendant has not caused the infant's injury but merely failed to prevent its birth," Justice Timothy Studdert wrote in a June 2002 judgment.

Studdert also cited rulings from foreign courts, including the United States, which addressed the esoteric difficulties of putting a dollar tag on "the value of non existence" as compared to the costs of living with a disability.

"Whether it is better never to have been born at all than to have been born with even gross deficiencies is a mystery more properly to be left to the philosophers and the theologians," the New York Court of Appeals wrote in a 1986 decision rejecting a similar "wrongful life" claim. "The implications of any such proposition are staggering."

A similar claim had greater success in California, where the state appeals court found that a testing laboratory was responsible for the medical costs associated with the care of a child whose parents were not informed of the potential for a certain genetic disease being passed onto the fetus.

Alongside Harriton's suit is a similar claim from a 5-year-old Australian boy who was born with permanent brain damage and cerebral palsy after doctors failed to detect a blood disorder present in his father's system.

Keeden Waller's parents have filed suit on his behalf, claiming they would have sought out other methods of conception had they been aware of the potential for birth defects.

Waller's claims were also heard Thursday in conjunction with Harriton's, after a New South Wales appeals court rejected both their claims in 2004 in a 2-to-1 decision.

Those justices also said it was impossible to determine whether no life was better than a life of suffering, or to assess liability for that suffering.

Appeals Court Chief Justice James Spiegelman also found that the doctors did not breach any duty to the children.

The dissenting justice, however, found the doctors' negligence especially grave in light of the fact that the disabilities were easily detectable and preventable.

The High Court is expected to render its decision in the next few months.

[Turtle Dove]

ugh...... people work dang it!!!! Stop looking for the easy way out you lazy slugs!

[damnhooligan]

And it took them 24 years to determine this was the best course of action? Perhaps this woman's mother can claim "If I knew you would have ended up disabled, I wouldn't have had you" now that she knows there's no cure for her daughter. But 24 years ago, she could have very well been far more hopeful. People with disabled children often cling to the hope that technology will advance and find a cure or solution for their disabilities. Sometimes, that's all that keeps them going.

This isn't to say that the doctor is completely without fault, but to blame him for a life coming into existance, is absolutely revolting. If this woman truly thought that no life at all was better than a life of suffering, she'd have offed herself already, rather than ask for monetary compensation.

[IceFlash78]

How pathetic... If you're deaf and blind, you shouldn't have never been born because you have no hope for the future?

Although I'm deaf, I could never imagine being blind, so I cannot honestly say I know what the woman is goign through,

that being said.. i think she's pathetic. I never let my deafness stop me from having a "full life." To use a cliched example, Helen Keller was both deaf and blind, yet that didn't stop her from going to Radcliffe and becoming famous. If she could do it, then that woman certainly can, if she would just stop moaning and get up and DO something.

I just reread the post again, and it says that she was mentally retarded. I'm sorry if I'm insulting anybody, but if she's mentally retarded, then would she really be able to file a lawsuit? Is it possible that the parents or some other person are somehow pushing her around to get some money?

[Jester]

I have a blind friend myself....he's a wonderful guy and i couldn't think of my life without him being there to laugh with. If his mother had thought this way, I'd be out a really great friend. And on the whole Deaf/Blind thing (like IceFlash Said.... whoops)...wasn't one of the world's most renouned women both deaf and blind?
EDIT:Helps if you read the whole of the posts eh,....
EDIT 2: I'm wondering if her mother or her caretakers are doing this....and since when is it cool to sue because your child was boorn with a handicap.... This world is so freakin' messed up. Like IceFlash, and my buddy there are some great, hard working, well adjusted people with disabilities. Are we just supposed to get rid of people because they don't fit our mold of perfection?

I really don't think it's fair to put this poor woman down. She's deaf AND blind. Try living like that for a week let alone your entire life and see how chipper you would be.

Yes, this should have been taken cared of much earlier than 24 years later, but still, the doctor is still in fault for not helping to prevent such a poor life.
While I don't think the doctor should be entitled to support the woman for the rest of her life, I do believe that he should make a one time compensation payment to her for his mistake.


I feel abolutely awful for the poor woman. Such a sad existance when the only form of communication is touch. *frowns*

[Spitfire]

If shes deaf and blind how does she know what the wrod sue even is? How did she learn how to talk? And how does she even know where she is or what she is doing? I smell a scam...

Well, yes, obviously she didn't decide to sue the doctor herself, but a person who is completely responsible for her can sue in her place for her.


It's like when a small child gets hit by a car, the parents can sue the driver in place for the child.

[Spitfire]

Originally Posted by Ryona

Well, yes, obviously she didn't decide to sue the doctor herself, but a person who is completely responsible for her can sue in her place for her.


It's like when a small child gets hit by a car, the parents can sue the driver in place for the child.

Well then they shouldn't say it's the woman's choice to sue. She can't hear or see therefore she can't even decide herself. She can't even be asked if this is what she wants. I honestly see this poor women as being used to get money. As sad and messed up as that sounds. I feel sorry for her. She shouldn't have to live like that...or be used for that purpose. What the hell is wrong with people?

[Jester]

That is possible Spit, but again Helen Keller was Deaf and Blind and was able to comunicate...who knows....sh might be able to say this is what she wants, but thought life may be hard, it's still life. I think the whole basis for this argument is kinda weak. "Had I know my baby was gonna be this messed up I'd have aborted." Where's the love for your child? Where's the attempts made to make this person, dispite their disabilities able to function and be an effective member of the world community. Just becaude you're physical and mentally handicapped doesn't mean that you're existance is worthless...

[IceFlash78]

Originally Posted by Spitfire666xXxXx

If shes deaf and blind how does she know what the wrod sue even is? How did she learn how to talk? And how does she even know where she is or what she is doing? I smell a scam...

It's probably a scam IMHO, but really... if she had loving parents and a good support system, she could have learned sign language easily. True, she wouldn't be able to see it, but she would be able to feel the signs if she had her hands on the signer's hands while he/she was signing, then sign herself to respond.


I wonder if this woman even have an idea of what it would be like to have sight and hearing. Myself, I was deaf from birth, and while I interact with the hearing world everyday, and understand how it functions I CANNOT imagine living as a hearing individual.

[Turtle Dove]

this is so sad and depressing! Why do people look for the easy way out?! This world has gotten too cruel and cold

[Jo269976]

Originally Posted by Mikey's Girl

this is so sad and depressing! Why do people look for the easy way out?! This world has gotten too cruel and cold

I'm with you there, the most common word now is "sue"

[Jo Dawn]

Originally Posted by Jester

That is possible Spit, but again Helen Keller was Deaf and Blind and was able to comunicate...who knows....sh might be able to say this is what she wants, but thought life may be hard, it's still life. I think the whole basis for this argument is kinda weak. "Had I know my baby was gonna be this messed up I'd have aborted." Where's the love for your child? Where's the attempts made to make this person, dispite their disabilities able to function and be an effective member of the world community. Just becaude you're physical and mentally handicapped doesn't mean that you're existance is worthless...

Exactly.


I think this is a great example of 'life happens'. Is it sad? Yeah... but what I find even sadder than her condition is the fact that they are SUING because of it.

What a waste of time and money and court time. People are born worse off than her every day... and their parents LOVE them, and feel no need to do something like this. She could have done alot of things to have a pretty good life.

People die tragically every day... their lives cut too short. Some people never have chidren. Some people's chidren die young. These people have a daughter, that, yes, is challenged... but that is absolutely NO reason to act like this. These people have a daughter... and they are SUING because they have been blessed with her.

Absolutely sickening.

[KROW]

Y'know, it could be worse; she could've been born without any of her limbs.

A perked eyebrow is my only reaction to this. I mean, rubella? There are vaccinations for that -- have been for more than 24 years.

[Buslady]

I've seen many heart wrenching deformed kids when I drove special needs, some I wonder WHY they were allowed to live. Some are fantastic kids but some...I shudder to think of them. The worst was the brain damaged infant who's legs were short and twisted and his hand were attatched to stubs on his shoulders. This boy will never live a life that he deserves. I think it's heartless, if someone knew their baby was going to be severly deformed or brain damaged to a point where life will not be too great, and they let it live..it's cruel. But that's humans, we're cruel to each other.

In this case though, I smell SCAMORAMA!! The gal can learn to communicate, hands. When visual and audio are down, tactile takes over. Hellen Keller. She was able to write a story I believe and they didnt HAVE the technology back then that we have.
But Harrington isn't just blind and deaf, she's spastic and mentally disabled, very sad stuff. She may not be able to learn to communicate being mentally disabled; so I say it's a scam.

[ThirdMarioBro]

My opinion is if the doctor in any way caused the condition, he should be sued as far as the legal system allows. If it would have happened either way, then leave the poor man alone.

I know how arrogant and bullheaded (aka: see assholes) doctors can be first hand. My Dad was in a fire accident years ago and was scorched 80%. Yeah, he was burnt severely, but he was mentally competant. I'll skimp on details because that would take a book, but while he was in recovery the asshole doctors (both he's and she's) wouldn't take care of him properly or give him the right fluids because they figured he wouldn't make it anyway. They basically wrote him off as dead. As a result, he had two strokes and now can't talk permanantly. The doctor caused that solely out of neglegance and arrogance, yet there's nothing you can do about it.

When I was being born, my doctor was literlally drunk while delivering me and as a result I almost died. Though miscare and sloppiness, my heart stopped for 5 minutes and I was basically dead. A different doctor came in and saved the day, but had that bastard not been stopped, he could have easily killed me or someone else at birth because he was drunk and just didn't give a fu*k. He seemed apolagetic later, but who cares?

Point is, don't automatically assume that they are just trying to get some cash out of the situation by using their daughter as an excuse. There are countless variables in play that none of us know about. Or I could be completely wrong. Either way, I just know that you can't automatically trust a doctor to know what he or she is doing in all situations because their training teaches them to assert themselves and always act like they are in control. I know this from a relitive who is a doctor. He's an overcompetant asshole as well. I don't mean all doctors are like that by any means, but a large majority of them are. Keep that in mind when judging a situation like this. It may sound like tabliod news, and it easily may be. Then again, it could not.

[Jester]

I can agree with you on the fact that if the doctor was neglegent he should be sued, but it seems so wrong to say, "Had I known my baby wasn't going to be perfect we'd have aborted." I may be biased (I'm pro-life), but it sems like a cop out. With some effort this woman could live a life that's only slightly limited by her disabilities.

[ThirdMarioBro]

I think the term "slightly limited by her abilities" is a bit of an understatement though.