Wrongful Birth Verdict Signals Growth of the Culture of Death, Threatens the Disabled

By Deacon Keith Fournier
3/14/2012
Catholic Online (www.catholic.org)

Killing a disabled child in the womb is not morally distinct from killing a disabled child after birth.

The mother and father claimed in their lawsuit that if they knew that Kalanit had an extra 21st chromosome they would have had her killed by abortion. Only, they used the sterile term taken from contemporary Orwellian newspeak, they said they would have "terminated the pregnancy". This verdict in Oregon is about selectively killing disabled children. It is another form of feticide. It takes the evil a step further by insisting that medical professionals have a duty to tell the parents if the child is disabled so that they can choose to kill their child by abortion. Our compelling duty is to replace the current culture of death, nihilism, and instrumentalism with a new culture of life and a civilization of love.

A little girl with Down syndrome

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PORTLAND, OR (Catholic Online) - Little Kalanit Levy is four years old. She lives with her mother, Deborah, father Ariel, and two brothers in Portland, Oregon. Last week the Levy's received a 2.9 million dollar jury verdict against Legacy Health System.

They were represented by a lawyer named David Miller who filed the lawsuit which gave rise to this verdict. Originally, it demanded 7 million dollars. The theory upon which the case was based is called "Wrongful Birth". The case lasted ten days and the jury took only six hours to reach a unanimous verdict in Multnomah County Circuit Court. The implications of this verdict are ominous on many fronts.

In most medical negligence or malpractice cases, the medical service professionals and providers are found liable for violating the standard of care. That violation must be shown to have caused economic damages, such as proximately causing an injury to the child or to the mother.

However, in Wrongful Birth" cases, the "damage" alleged is the very existence and birth of the child. That's right. This is what lawyers call the "theory of the case", the very existence of the child is the alleged injury. This cause of action was for a "Wrongful Birth" of a little girl.

Little Kalanit has Down syndrome. It is also called Trisomy 21 because these children have an extra 21st chromosome. In these children the presence of an extra chromosome affects their development. It occurs in roughly one of every 800 births.

Sadly, statistics demonstrate that between 85% and 95% of parents who receive a prenatal diagnosis which indicates that their little boy or girl has this extra chromosome choose to kill them through procured abortion rather than welcome them.

This decision to take the life of a disabled child in the womb is the worst kind of disability discrimination. It is deadly for the child. However, under the current positive law in the United States, this violation of the fundamental Human Right to Life of that child is legal throughout the entire nine months in which they live in the first home of the whole human race.

Ariel and Deborah Levy sued, claiming that the medical providers improperly read sonograms as well as a prenatal chorionic villus sampling. They gave the parents an incorrect pre-natal diagnosis. They were told that their little girl was "normal".

The doctors did not tell them their little girl baby was disabled. Because of that they did not abort her. That was the basis of their case. And, they succeeded. The natural response that comes to most people who read the facts of this case is based upon the fact that the truth revealed by the Natural Law is still at work in our conscience. We know that it is wrong to take innocent human life.

We also know that killing an innocent neighbor is always wrong. Medical science has confirmed what our conscience long ago told us, the child in the womb is our first neighbor. To further compound the matter in this case, we recognize our special obligation to those among us who are disabled.

This legal case is one more bad fruit of the Culture of Death. It also demonstrates that we have lost our national moral compass. This loss is leading our nation, indeed the entire West, down the road to our own self-destruction.

The lawyer representing the parents, David Miller, has given numerous interviews to the Press. He told one reporter "There's been a lot of misinformation out there. These are parents who love this little girl very, very much. Their mission since the beginning was to provide for her and that's what this is all about."

I was sickened by the fact that the lawsuit was even filed. I am a lawyer. I know that such a theory is growing in its use - and lawyers like this one are causing it to grow in acceptability. It represents an ominous trend.

I was further sickened by this attorneys effort to argue in the Press after winning the case that the parents - who admittedly would have killed this child - were somehow acting out of "love" for their little girl. He should be ashamed.

I was reminded of a lawyer and doctor team in the last millennium. Alfred Erich Hoche was the Doctor and Karl Ludwig Lorenz Binding, the lawyer. They laid the groundwork for the rise of National Socialism in Germany. They authored a study entitled "Life Unworthy of Life".

In that evil little book they coined the phrase "useless eaters" in referring to the disabled and those whom the emerging Nazi movement wanted to eliminate. In so doing, they laid the predicate in language for the later ...

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1 - 10 of 38 Comments

Katzefrecker
2 months ago
Eugenics, Abortion and Margaret di Castello:

Eugenicist ethics surface repeatedly in the abortion controversy. In Nazi Germany this ideology was used to justify racial abortion, sterilization, birth control (all of which were prohibited for Aryans, but were both encouraged and forced upon other people), infanticide among handicapped newborns (including Aryans), and finally genocide.

Although it is not intrinsically evil – contrarily it is quite commendable – to set high standards in the procreation of children (whether it be in terms of intelligence, beauty, artistic or athletic abilities, resistance to disease, and etcetera), other means of accomplishing this goal exist wholly within the Judeo-Christian framework.

The time to perform "quality control" is in choosing a marital partner and before becoming pregnant. Once children have been conceived, an even higher standard of morality demands that we do no harm to other people, including those who are inconvenient for us, or who through no fault of their own cannot achieve ideals…indeed, how many of us can?

Our religious heritage teaches: "Thou shalt not kill." Parents certainly aren't omniscient. Why, then, should they perform ultimate acts? Why should anyone with limited knowledge arbitrate a "life versus death" decision for another innocent being who cannot object in self- defense? If the unborn may seem onerous at times, does this also imply that they are worthless and unfit even to live?

Consider the case of Blessed Margaret of Citta di Castello, Italy, a medieval young woman who may soon be canonized by the Roman Catholic Church. She was born blind, dwarf, hunchback, and lame. At age six her embarrassed parents locked her in a room adjacent to a church for 14 years. They immured the doorway so that she couldn't get out and seldom visited her. Frequently Margaret suffered from extreme seasonal changes in temperature in this prison.

Today Margaret is honored for courage and cheerfulness, despite multiple handicaps and rejection, for her prayerful life during long, lonely years of unnecessary confinement, and for mercifully forgiving her parents for their cruelty. In summary, this deformed youth was a loving, gentle, and forbearing person who was spiritually sound and led an exemplary life.

Beyond being a moral issue, abortion is a civil rights matter. Aren't unwanted, unplanned, or impaired pre-borns still members of the human family and, accordingly, worthy of respect? Shouldn't nascent human lives have the right to continue simply because they already exist? If infanticide is murder, then why is abortion right? The state has (or should have) a vested interest in protecting human life. Moreover, who among us possesses the prescience required to discern whose lives will ultimately prove admirable?

Some parents would argue that it's irresponsible deliberately to bring physically, mentally, or otherwise genetically challenged children into the world, if they could more conveniently get rid of them in utero. Such parents might altruistically rationalize a prospective abortion by saying to themselves something like: "How can bringing an impaired child into the world make the world a better place"? Or, "Won't such a child ultimately be teased or otherwise mistreated in school for being different"? To this I would reply that all this says to certain citizens, such as those with Down syndrome, thalidomide induced deformities, rubella babies, anencephaly, other physical and genetic abnormalities or handicaps, and etcetera is: "Gee, too bad they didn't get you." Furthermore, citizens with handicaps are to be respected and valued. School children will believe that their handicapped classmates are worthless, if we tell them that they're worthless. For religious believers, an anencephalic child is an automatic saint, because he/she can never commit a sin.

Subsequently, the whole pro-choice philosophy under the banner of "women's rights" becomes controversial, questionable, and specious. If it's perfectly all right to abort a completely healthy, normal, potentially intelligent, physically beautiful unborn child, then why go to any great lengths to preserve an unborn child with physical and/or mental problems?

Handicapped people don't have a monopoly on courage. They can despair too. But, their determination to continue and overcome problems can also be inspirational. Certainly it costs more to care for the handicapped than it costs to destroy them. But, should we kill those who are unwanted because of their expenses? Isn't it better to let them live, to love and respect them, and to give them whatever we can?

What we do to the unborn is more a measure of us than it is of them. Pandemic, selective, eugenic abortions might someday produce a neo-master race of cerebral, healthy, talented, or attractive citizens. However, I would still prefer the company of people like Margaret of Castello, who lacked many of these attributes but had integrity.
Ann
1 year ago
instead of giving these horrible people money they should have taken the child away along with the other children and given them to parents who would love them more than money!!! How sad are humans,G-D help us!!!
eleni_aus
1 year ago
In Australia we are planing to aveh a form of insurance that will enable those with disabilities and their carers to have a reasonable life including adequate medical and other treatment and opportunitites for resiential assistance etc - instead of a poverty stricken, emotionally debilitating and exhausting endurance race that results in many families breaking up under the strain ... intellectual disabilities can be profound - an adult with an emotional age of an 18 month old, physically towering over a parent and throwing a a tantrum ... assaullting caregivers ... and physical disabiltites can be severe, the person requiring round the clock supervision and attention. Living well generally requires assistence: physiotherapy, speech therapists, repeated surgery, extra tuition or early intervention to enable a child to reach their potential ... These cost money. Society as a whole needs to provide what an individual family is unable to provide. And yes taxation is needed for this. And why not - is not that what taxation shuld be for? Spreading resources to those who desperately need them but are unable to provide them for themselves. My only gnawing concern is that such a policy would lead to resentment of those with disabilities replacing any pity or sympathy. But families certainly need more than they can currently obtain to facilitate best outcomes for their children / adults / elders with disabilities..
JeanCatherine
1 year ago
PS to my story and also regarding the Movie, "October Baby" premiering March 23, 2012 in select theatres look for it.

I also was reminded that the child is left on the doorstep and symbolizes abandonment and could be contrued as to how we abandon the children in our culture. It also may symbolize how we must find better solutions for our future. It was a very symbolic dream and one I cant completely interepret or explain but one that I must care about and include in my caring of humanity. I hope Im doing this.

If anyone gets the chance they are showing a movie called "October Baby" in a select few theartres I believe March 23 next week. If anyone is interested find it if it is in your area. The movie owners will donate 10 percent to preganancy centers if Im not mistaken. Its a good cause I think.
Deborah
1 year ago
I am a Developmental-Behavioral Pediatrician. I see children and their families when the child is not developing in a typical way. Some have challenges with intelligence, learning, physical abilities, autism or extreme behavioral issues. One out of 5 children will have some "disability" in learning or emotions or chronic health problems. Look at ourselves as adults. How many of us have challenges with our emotions or our health? God forbid the future time when a test on a baby's chromosomes will spell out all the risks for differences from the ideal. Risks for diabetes, heart disease, cancer, Alzheimer's, Parents given this information will be encouraged to make a "rational and kind" decision to kill the baby before birth. No mother who is pregnant says she WANTS to have a disabled child! To have a "choice" about killing an "imperfect" baby is legal--for it is also legal to kill a perfect baby or a baby of the wrong sex. When a society believes that it makes better decisions than God about who should be born, that society has clearly turned away from God.
The parents (usually mothers) that come to me with children with chromosomal differences or other challenges--love their children. They do want help with the challenges. And THIS is where all of us need to wake up. We should advocate for all new life in the womb to be projected. But we need to SHOW how much these lives are treasured, whether the baby is typical or challenged, black or white, cute or ugly, healthy or unhealthy. These families do need extra finances, respite care, and respect. This family probably were upset that they asked for tests to prove their baby was normal and were angry that the test was not accurate. They want extra money to support the child when they have died. But ALL families with a child who will need life long care or expensive medicine or technologies should get the help they need. It is not right that only families who go to court and sue will get the needed financial support. God is not giving these children with extra needs only to the families they are born into. He is giving them to family of mankind. And we need to treat these families and these children as our own brothers and sisters.
JeanCatherine
1 year ago
Ive heard of a women who had an abortion as many have when she was young. She aborted the child and later found out she could not longer have any more. This child was her last blessing. What if someone's last chance to have a child was with Down's Syndrome? Would you abort this child? This is a question I have to ask.

I would never abort any child of mine. Ive sacrificed and have no children so that others could have children. Im not even sure if I can have children anyway. I was told I have a cracked pelvic bones some years ago so there is a possibility I would have had to have a child by ceasarian or maybe this injury may have made me sterile I dont know. Its not important God intended for me to help all "children" in my small way. He showed me where to look some years ago when I was becoming a fallen away Catholic.

Some years before I had a dream/or nightmare depending how one looks at it: I was young long before the ways of the world tainted my outlook on life to adulthood. I remembered it in my journey back to God.

If I could paint this one picture I would want many to see.

First of all it was a painting of a dead baby left on a doorstep during and autumn mid day. It was grey. When one finally looked at the child one noticed it was burnt and dead. There was a light on the porch and the stairs reminded one of an old southern victorian home. Open porch and trees in front of the home. Beauty and death locked into one.

The autumn symbolized dying time of the seasons of course. The child the extreme of death eventually. The light was shining on this death for symbolic reasons of course and I suppose the old house was symbolic of wisdom and wealth or whatever. Im sure the whole dream was symbolic of abortion because years later when I learned more about the Pro-Life cause the dream became quite apparent.

I went to the Priests for Life sight and educated myself on abortion and other topics of Pro-Life etc.

I saw the graphic abortions and came upon one that startled me: A chemical abortion where it discolors and burns the skin almost black. i had discovered with horror that I had dreamed of abortion in my teens.

If this isnt helpful Im sorry I cant do anymore than inform through this one dream. One I never forgot. One from God to warn us of something quite awful in our day----the killing of the innocent in the womb. God has a purpose and maybe we dont know what that is in whole or even partly but one He has for all of us.

May we all find this difficult path to God and the journey He intends for all of us.

God Bless.
Lucia Costa-Dietrick
1 year ago
I have been totally blind since birth and my husband read this article to me. It made me cry. I had a friend who committed suicide 3 years ago because our culture of death society treated him like garbage. My husband and I are really glad that this article was written.

The culture of death world that we live in brainwashes disabled people into feeling that they are garbage and not made in the image and likeness of God. Jesus’ Love is Global Inc. just completed a book titled Disabled People are not Garbage to get across the urgent message around the globe that disabled people are created in the image and likeness of God. All individuals, Churches, organizations, and businesses that would like to get involved in getting across this global message can receive a 50% coupon for the book. Since we are not on Facebook everyday send us a message at jesusloveisglobal@gmail.com and we will get one out to you.
vance
1 year ago
I have a friend who had a Down Syndrome son. Yes he required some extra attention, however, he did something most "Normal" people could not do and that is earn a straight "A" in math all the way through calculus. He passed away because of a sudden breathing complication. His college professor told family and friends that he was two classes short of an Associate Arts Degree with 4.0 GPA. This was a person with Down Syndrome.
Beth
1 year ago
I was watching our oldest son play with his little sister yesterday, and it occurred to me what a travesty this also is for the Levys' sons. Our daughter was born with cleft lip/palate and a bowel defect. She has only been with us for eight months, as we adopted her from China last year. Our boys adore her. It will be hard enough to explain to them (and to her) why her Chinese parents could not (or did not wish to) parent her. I can't imagine having to explain a situation like the Levys'! I've read some comments on other sites claiming that the Levys' daughter won't be able to understand what her parents' lawsuit means, even if she does come across information about it in the future. I tend to disagree, because many children with Down syndrome have only mild intellectual impairment. But even if she is more severely impaired, her brothers apparently are not - and they will undoubtedly come to find out that their parents would have aborted their sister had they known she had a disability. What a terrible thing to live with in one's own family.

My husband also was born with a cleft lip/palate, back in the days before prenatal diagnostic testing. I've often wondered what percentage of cleft-affected babies diagnosed before birth are aborted - I have seen it listed by abortionists as a medical condition "justifying" the "need" for a late-term abortion. Sickening.
joseph Tran
1 year ago
Speak about this kind of problem, I see the doctor may get an unjust accusation. The extra chromosome may develop after the diagnostic. In my genetic..research I found that this problem somehow related to the side effect from the birth control pill. In some case even the mothers stopped to use the pill six months before pregnancy.The victim doctor may look at this factor to defense himself.

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