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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