Couple Not Warned of Baby's Missing Limbs Awarded $4.5M for 'Wrongful Birth'
A West Palm Beach, Fla., couple who says they would have aborted their son had they known he would be born with no arms and one leg was awarded $4.5 million in a "wrongful birth" lawsuit against the OB/GYN who failed to alert them of the boy's deformities.
During the two-week trial, Ana Mejia and Rudolfo Santana described the pain and anguish they have dealt with since bringing their son, Bryan Santana, into the world, the Palm Beach Post reported.
"Definitely, I would have had an abortion," Mejia said when asked what she would have done if obstetrician Dr. Marie Morel had warned her of the disabilities from the two ultrasounds she took.
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"He sees kids running and playing," Ms. Mejia said. "He looks like he wants to do the same, but he just can't."
The $4.5 million award is intended to be for the care of Bryan and will cover prostheses, wheelchairs, operations, attendants and other needs he will have during his estimated 70-year life, according to the couple's attorney, Robert Bergin.
"Ana and Rodolfo Santana know their mental anguish and their emotions are not important," Bergin said. "The only thing that will help make up for their mental anguish is to know Bryan's life plan is fully funded."
"It will give piece of mind to these people that no matter what happens to them, their son will be all right," said Jason Weisser, who also represents the couple.
Dr. Morel's attorneys, however, insisted their client was not negligent because the couple rejected amniocentesis, which might have revealed the abnormalities.
"No one is happy about what happened to Bryan Santana but Ana Mejia made the decision in 2008," he said.
The couple, however, said they were never told of the possibility of any abnormalities.
"There's not one shred of evidence that they were ever told there was an issue with one of his limbs, let along three," Weisser said.
Dr. Morel and her staff failed to meet national standards that require that technicians to identify each limb. However, medical records stated that the fetus had both arms and legs.
"That, ladies and gentleman is impossible," Weisser said. "It didn't happen."
According to FindLaw.com, at least 25 states allow wrongful birth lawsuits, which are based on the idea that if the health care provider would have told the parent about potential abnormalities, the parent would have had an abortion.
Most parents who file such suits are seeking compensation to provide for the expensive health care and support of the child, as lawsuits are generally the only means of recovering damages.
