there is no precedent for this...

[Shimmer]

Docs sued over unaborted child

A woman is suing two doctors for child support after a botched abortion, blaming them for the "wrongful birth of her child."
Jennifer Raper, 45, of Boston is seeking the costs of raising her now-2-year-old daughter.

Also named in the suit is Planned Parenthood, which runs the Boston facility where the procedure was performed.

In a complaint filed last week in Superior Court, Raper said she learned she was pregnant in March 2004 and opted to get an abortion for "economic reasons."

Dr. Allison Bryant performed the procedure April 9, 2004, the suit said.

Another doctor, Benjamin Eleonu, told her on July 16 he'd given her a full pelvic exam and her uterus was fine, even though she was 20 weeks pregnant at the time, the complaint said.

Raper did not learn she was carrying a child until Sept. 26, when she went to a hospital with pelvic pain.

Neither Bryant nor Eleonu returned requests for comment.

A Planned Parenthood spokeswoman said the organization does not discuss pending litigation.

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What in the HELL is this woman thinking???? SHE CHOSE to keep the child upon birth, if she was detached enough to have an abortion, she should have been detached enough to give the child up for adoption.

 

[hyperRealGurl]

Thank you jamie!!! Amen to that....

 

[Daligani]

I read that this morning and it made me want to throw up. I reaaaaaaally hope she comes to her senses and gives that baby up for adoption. I mean seriously.. How messed up is this poor child going to be?????

"Honey, ya know.. I was so pissed off that I was still knocked up that I actually tried suing because they were supposed to make sure that I wasn't going to have you.. but, dammit, it looks like I'm stuck with you anyway".

There are no words to describe how I feel about that woman..

 

[Beauty Mark]

I don't know why she didn't give up the child, but I think if she sues the doctors, it's okay if they lied about the abortion. Does that make sense? I don't think that the doctors should have to pay for the child, but some sort of justice should be done if they're shady about performing abortions.

 

[Raerae]

Stories like this are why regardless of how open I feel about sex education, and freedome of choice, and when is it ok to start etc... If you think or old enough and responsible enough to have sex, you should be old enough and responsible enough to deal with the consiquences. Be it STD's or child birth.

Botched abortion or not... Wrongful birth?

What a sad mother.

 

[Shimmer]

but there are accounts of abortions not being effective. There's a girl...Gianna Jessen...who survived the saline abortion method...she was in the womb 18 hours prior to being delivered alive.
Medical procedures are not always effective, and abortion is a medical procedure.

Quote:

"The abortionist … was not on duty the moment I came into this world," Jessen added. "Had he been there, he would have ended my life with strangulation, suffocation or [by] leaving me there to die, which was considered perfectly legal up until … President Bush signed … the Born-Alive Infant Protection Act to prevent that from happening any further. Now a child who goes through something like that must receive proper medical care."

 

[*Stargazer*]

I believe that it was in Germany recently, but a woman just won a case like this. Which leads me to believe that little dollar signs appeared in this woman's eyes.

I am also of the firm belief that if you think you are old enough to engage in consensual sex activities you need to also be mature enough to accept the inherent risks and consequences. And abortion, just like any medical procedure isn't infallible.

 

[Hawkeye]

that poor child. She will always know that she was never even wanted.
What a bitch of a woman.
It's one thing to put a child up for adoption but if your sueing just so you can sue and get money and rub it in that you never wanted the child....

why do i have a feeling this woman may abuse her child emotionally, verbally and maybe physically? Why do i have the feeling this child may snap in say- I don't know- a school or something?

That woman needs to have her ass kicked.

 

[lipstickandhate]

Unfortunately, there is plenty of precedent for wrongful birth. Fortunately, a plaintiff usually cannot recover the costs of raising an unwanted child; she probably can recover emotional damages, health care costs incurred during the pregnancy, lost wages.

I remember when we went over this stuff in law school, I was completely horrified. In fact, I had to write an appellate brief on this exact scenario- ours was hypothetical of course- but it involved people who had a vasectomy gone wrong, became pregant, and then wanted to recover the costs of raising the unwanted child. Of course, I had to represent these ridiculous appellants and I realized I never wanted to be a tort attorney. So now I send people to jail or rehab. Criminal law is much easier!

 

[medusalox]

I was just talking about this with someone. Seriously, how messed up is that kid gonna be? "Honey, see this $40,000 car that we're driving in? And our huge plasma tv? Yep, mommy got that money because the doctors tried to abort you and WHOOPS you're still here! Thanks!".

...Not cool.

I wonder why she didn't give the kid up for adoption once it was born? She could have done that, and still continued on with the lawsuit for the botched abortion, and I dont' think anyone would be on her case about it. Gaaaah, it makes me ill.

I just hope her child doesn't turn out to be totally whacked out from this situation.