'Wrongful Birth' Suit: Parents of Disabled Boy Sue Hospital for $2.3 Million Claiming Ultra-Sound Failure Robbed Them of Option to have an Abortion

via: Telegraph.co.uk
Rupert Parsons' mother is claiming £1.5 million ($2.3 Million American Dollars) in interim compensation for "wrongful birth" on the grounds that the hospital should have picked up on his "severe, profound and multiple disabilities" before the 20th week of her pregnancy.

Rupert was born at Musgrove Park Hospital in his home town of Taunton, Somerset, suffering congenital heart defects, a cleft palate, a vertebral abnormality and with only one kidney.

Robin Oppenheim, QC, respresenting the family, told the High Court in London that the disabilities meant Rupert spent much of his time in a wheelchair. and needed 24-hour ventilation via a tracheotomy. He was also fed through a tube.

His devoted mother, Franchesca Parsons, 25, had the "extraordinarily demanding" task of caring for him, he added.

The court heard Rupert's father, Lee Barrett, suffered from congenital heart problems and his maternal grandmother was born with spina bifida.

A pre-natal scan was reported as showing "no obvious fetal abnormality" in Rupert, but the family claims more detailed tests would have picked up on the boy's disabilities before the 20th week of pregnancy.

Although Rupert was now a very much loved member of his family, his mother has sued the hospital's managers, Taunton and Somerset NHS Trust, arguing that she never had the option of terminating the pregnancy.

The family's lawyers said Rupert's parents were concerned throughout the pregnancy that he might be born disabled and did not want to see him suffer in the way his father had done.

Mr Oppenheim said the NHS had "admitted liability" in 2006, opening the way for a multi million pound compensation claim to cover the costs of a lifetime's care.

He added that it was too early to finally assess the compensation due to uncertainties over how Rupert's condition will develop as he grows up.

But in the meantime, Mr Oppenheim asked Mr Justice Blair to award an interim payment of pounds 1.5 million so that Rupert and his family could move to a more suitable home and put in place a professional care regime, with two nurses on hand day and night.

Mr Oppenheim told the judge that Rupert's family has already received pounds 500,000 in interim payments, but his current care regime only allowed for one carer to be on hand at night.

Mr Oppenheim said the family's most "pressing need" was to move to a new home which could be specially adapted for Rupert's care. The boy became "frustrated" at the lack of space, the court heard.

Urging the court to sanction the £1.5 million payout, Mr Oppenheim said: "The strain on this family is immense; bluntly it is at the point of breaking down. A move to a new home is essential as well as a stable care regime".

Women are routinely offered an ultrasound scan at around 20 weeks’ gestation, to check that the baby is developing normally. Unless any concerns are discovered this is the last scan they will receive before the birth

Abortion is allowed in Britain up to the 24th week of pregnancy. Beyond this a termination can only be sanctioned if the fetus has a severe disability, or of the mother’s life is at risk.

The NHS Trust is disputing the amount of the interim payment. The case was adjourned and a decision will be announced at a later date.