Judge: Parents Of Child With Lung Disease Can Sue

June 22, 2012

A District Court judge in Gallatin County says a Montana couple who say they would have terminated a pregnancy if they had known their daughter would be born with cystic fibrosis can move forward with their lawsuit against their health care providers.

The Bozeman Daily Chronicle reported District Judge Mike Salvagni ruled that Kerrie and Joe Evans’ claims should be heard in court.

The couple claims their medical providers failed to conduct genetic testing to determine if their child would have cystic fibrosis when they tested for other chromosomal abnormalities.

The lawsuit, filed in October, seeks damages for emotional distress and medical costs.

The defendants had asked Salvagni to dismiss the case.

In denying the dismissal, Salvagni said the case was about Kerrie Evans’ lost right to decide whether to terminate her pregnancy.

Topics Lawsuits Legislation

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Latest Comments

  • June 25, 2012 at 10:54 am
    Frankie says:
    This is gonna get me slammed but... did they specifically ask for a test on CF, were told they would get the test, but didn't? Were they lied to? Perhaps they have experience ... read more
  • June 23, 2012 at 10:40 pm
    Mama to a child with CF says:
    As a mama to a child with CF this deeply saddens me. My son is a such a precious soul and I could never imagine suing the doctors because of not catching CF earlier. (I didn'... read more
  • June 22, 2012 at 5:21 pm
    askanunderwriter says:
    okay, I admit it , I am slow in understanding this... when did the mother lose her right to terminate the pregnancy? the baby was tested, results came in on everything exce... read more

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