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Sunday, February 7, 2016

Mother Sues for $14.5 million for “Wrongful Birth” of Daughter Born with Cystic Fibrosis

Kerrie Evans of Gardiner, Montana, testifies in District Judge Mike Salvagni's courtroom on Wednesday.


By Dave Andrusko

Attorneys for the defendants, Livingston HealthCare, nurse Peggy Scanson, Bozeman OBGYN, and Dr. William Peters flatly reject the allegation. 


On Wednesday a Montana mother delivered her opening statement in a civil trial where she is suing her health care providers for $14.5 million in damages because she says they did not diagnose her daughter’s cystic fibrosis. Kerrie Evans says she would have aborted had she known that about her daughter, now nearly six years old.

According to reporter Whitney Bermes of the Bozeman Daily Chronicle, the defendants
argue that Evans did not read information provided by her medical providers and showed no interest in getting tested for cystic fibrosis during her pregnancy.

“Peggy Scanson should not be blamed for this child’s medical condition or for the fact that this child was born into life in the first place,” said Julie Lichte, attorney for Scanson and Livingston HealthCare.

“(The defendants) did not give (the girl) cystic fibrosis. She was either going to be born with cystic fibrosis or (the girl) was not going to be born,” said Lisa Speare, attorney for Peters and Bozeman OBGYN.

In 2009, Evans then 38, said she became unexpectedly pregnant. After that fact, the parties agree on little else, according to stories in the Daily Chronicle, the Associated Press, and the Daily Mail.



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