Wrongful birth cases include claims made by the parents of a
child with a congenital disorder alleging that their doctor failed
to adequately warn them of the risk of conceiving a child with a
serious genetic disorder or congenital abnormality.
A claim for wrongful birth brought by the parents of Keeden
Waller is currently before the New South Wales Supreme Court. Mr
and Mrs Waller are reportedly seeking $10 million in damages,
including damages for the cost of caring for their son Keeden (who
is disabled and suffers from anti-thrombin III
deficiency1), and for nervous shock. The defendant, Dr
James, provided IVF treatment to Mrs Waller that lead to the
conception of Keeden.
The Wallers had experienced difficulty conceiving a child and
were referred to Dr James by a medical practitioner. In the
referral letter, Dr James was informed about Mr Waller suffering
from anti-thrombin III (AT3) deficiency "...which
caused...[Mr Waller's] blood to have a propensity to
clot"
