Mom of Down Syndrome Child Wins ‘Wrongful Birth’ Suit, Could Get $245,000

A British court on Tuesday sided with a mother who had filed a “wrongful birth” suit after she gave birth to a baby with Down syndrome, she says she would have aborted.

The case – which has sparked pushback by individuals with Down syndrome and advocates, too – began when Edyta Mordel became pregnant and booked a prenatal screening for Down syndrome. The sonographer, though, failed to carry it out. 

The sonographer “knew, or ought to have known, Ms. Mordel had indicated provisionally she wanted Down screening,” the judge ruled. 

Once her baby was born, she sued the National Health Service, saying she would have aborted the baby had she known the prognosis. The child, a boy, is now four. 

Mordel’s attorneys are wanting about $245,000 (USD). The BBC reports the payout is expected to be six figures.

“Nothing I have said should be interpreted as suggesting that the birth of a child with Down syndrome must be seen as unwelcome,” the judge wrote.

Mordel, now 33, says she is devoted to her child. During the trial, she said she knew someone with Down syndrome before her baby was born. 

“I saw how difficult his life is, and I would not have continued my pregnancy,” she said, according to the Daily Mail. “I would not have wanted a disabled child, and I would not have wanted my child to suffer the way disabled people suffer. I…