The Gold Coast parents of a severely disabled toddler are suing medical professionals who they say failed to identify and alert them to their daughter’s condition during pregnancy.
According to Regan Hooker and Wayne Ball, their daughter Aria’s condition of Aicardi Syndrome should have been detected during their routine 19 week ultrasound. Yet due to what they are claiming is ‘medical negligence’, the parents did not learn of their daughter’s condition until an MRI in June 2014 when Aria was already several months old.
In papers filed in the Brisbane Supreme Court, Hooker and Ball say had they known of their daughter’s condition earlier they would have terminated the pregnancy.
The couple is now seeking $2.5 million in damages.
Aria today. Source: GoFundMe.
Hooker and Ball are claiming sonographer Kim Andrews and specialist radiologist Greg Duncombe of Queensland Maternal Fetal Medicine in Southport, and obstetrician Penelope Isherwood are all at fault for not warning the parents of the condition at their 19-week scan or recommending follow-up ultrasounds.
As Regan and Wayne are New Zealand residents, the parents are ineligible for government assistance. The pair have created a GoFundMe page to raise funds to help cover Aria's medical costs, which include: managing her impaired vision, hearing loss, scoliosis, dislocated hip and developmental delays.
"I would love to be able to stay at home and care for Aria but it's just not possible with so many therapies and treatments to pay for," Hooker writes on the fundraiser page.
"She has always shown us signs of being a fighter, and we also are fighting in her corner for a better quality of life for Aria."
Ball and Hooker. Source: Yahoo News video.
"Aria is now two and a half and is a happy little girl, she is always smiling and giggling and showing signs of being a cheeky little girl. She has a beautiful smile that lights up her whole face and anyone around her."
The couple has raised over $3,000 so far and have a goal of $6,000 in total.
A response to the claim is yet to be filed.
Top Comments
This makes me feel uneasy. It would be a different story if the doctors showed clear lack of care - for instance, if clear abnormalities were detected on that ultrasound and were never communicated to the couple or followed up as they should be. That's clear negligence and I can see why some parents would want to sue in order to have that on the record.
But I suspect that the ultrasound in this case was fairly benign and possibly only showed absence of the corpus collosum at most (which can be found in totally normal healthy babies as well as babies with a range of syndromes). The gene for Aicardi syndrome is unknown and although it can be suspected prenatally based on imaging, there's really no way the doctors could have ever given them a definite diagnosis (or prognosis) before birth. Without knowing the full details of the case I would be surprised if they won this case.
Due to our reciprocal healthcare laws between NZ and Aus, Aria has access to free and excellent therapy and healthcare here on the Gold Coast - so I am somewhat appalled that they are both fundraising and suing for money to assist them.
I am especially put off by the fact that they are making Aria's condition (and the fact that they would have terminated her pregnancy) public. Poor Aria.
I applaud their honesty
While some may think they nasty, evil whatever, its not, its honest amd sometimes honesty is hard to hear
Plus, if the win they should have the funds to fully support all her needs and not wait on a public system