BOZEMAN, Mont. (ChurchMilitant.com) - A Montana woman is suing for $14.5 million for "wrongful birth."
Kerrie Evans has filed a lawsuit against a clinic, her doctor and a nurse practitioner for malpractice by not diagnosing her child in utero for cystic fibrosis in 2011. She claims that had she known her child had the disease, she would have aborted her.
The little girl is now six years old and requires constant care — costing over $300,000 per year. She claims her daughter is the "love of [her] life," and $10 million from the lawsuit would be used for the girl's medical and psychological care.
The lawsuit claims the plaintiffs violated standard of care by not screening for cystic fibrosis. The defendants, however, claim Evans specifically requested and received screening for Down's syndrome but never brought up cystic fibrosis. Moreover, the plaintiffs argue that screening for cystic fibrosis is not considered standard. They are also rejecting the claim of malpractice because they did not cause Evan's child to have cystic fibrosis.
Montana state law does not recognize "wrongful birth" as a legitimate cause for litigation. The judge has refused to dismiss the case, as the plaintiffs have requested, but he's also chided Evans for using the term "wrongful birth," calling it inflammatory and misleading.
Abortions for children with genetic problems has been increasing in the last 10 years. The highest number of eugenic abortions are on children with genetic abnormalities. Between 80 and 90 percent of children with Down's syndrome are aborted.