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Assisted Reproduction

Couple Sues IVF Doctor For Wrongful Life Over Birth Of Severely Disabled Son

What a sad case:

A couple from the NSW south coast is suing their IVF doctor because they believe their disabled child should never have been born. Keeden Waller was born in August 2000 following IVF treatment. But a rare blood clotting condition triggered a massive stroke which caused severe brain damage shortly after the birth. It means the 11-year-old boy can never walk, talk or take himself to the toilet, the Sydney Morning Herald reports.

Parents Debbie and Lawrence Waller, from Kangaroo Valley, are now suing their IVF specialist in the NSW Supreme Court for “wrongful birth” and are seeking $10 million in compensation. The respondent, Christopher James, is accused of breaching his duty of care by failing to find out whether the blood condition, known as antithrombin deficiency, could be passed on by Mr Waller, who carries the defective gene.

The Wallers did not know their child had a 50 percent chance he would inherit the gene, the court heard yesterday. Lawyers for Dr James will argue IVF specialist are not responsible for finding out whether rare genetic conditions can be passed on from father to son.

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