Mother in wrongful birth case loses appeal to Montana Supreme Court

[TexasTowelie]

The Montana Supreme Court ruled against a Gardiner mother who was seeking a new trial after jurors ruled against her last year in a wrongful birth case.

In a 5-0 decision issued Tuesday, justices affirmed the judgment in the case of Kerrie Evans, who went to trial last year in Gallatin County District Court after she sued in 2011 following the birth of her daughter, who has cystic fibrosis.

Evans argued that if she had had known her child was going to be born with the disease, she would have aborted. She asked jurors for up to $2.2 million in damages to cover medial expenses for her daughter until she turned 18.

The trial went on for nine days in February 2016. Jurors eventually ruled that defendants Peggy Scanson, a Livingston HealthCare nurse, and Bozeman OBGYN Dr. William Peters did not violate their standard care with Evans.

Read more: http://www.bozemandailychronicle.com/news/mother-in-wrongful-birth-case-loses-appeal-to-montana-supreme/article_5d20f751-50ca-5fb6-861b-8201fd17d6a1.html

[Squinch]

1. If this were something where she had the test and the doc knew and didn't tell

her, I'd be sympathetic. But her case is based on the fact that a test, which is not typical, was offered and she didn't take it because of cost and that test would have shown that the child had CF.

But there are a million tests that test for a million things. Doctors can't be held accountable because they don't test for everything.

CF is a devastating disease, though, and I feel for all of them.