A severely disabled woman wants to sue her mother’s doctor for allowing her to be born. “The High Court is hearing a landmark case arising from a medical negligence claim brought by two children who were born severely disabled.

One of the so-called ‘wrongful life’ claims has been brought by Sydney woman Alexia Harriton, now aged 24.

When Alexia Harriton was born, she was not expected to live beyond six months. She suffers multiple disabilities including deafness and blindness.

Ms Harriton is seeking compensation from her mother’s doctor on the basis that duty of care was breached when there was a failure to diagnose rubella.

Counsel for Ms Harriton, Bret Walker, told the court her mother should have been counselled about the possible terrible consequences for his client.

He says if that had happened, her parents would have taken steps to ensure she was not born.”

Comments are moderated before they are published. Please read the comment policy.

  • Anonymous

    Can we sue CJD and Elliot’s Obstetricians for wrongful birth? Again, this is another article that shows you have to be an idiot or mentally unstable to go into OB-GYN.

  • Anonymous

    How about suing Geoge Bush Senior for allowing George Junior to be born?? How much more absurd can this get?

  • Anonymous

    I don’t understand. If someone is unhappy about having been born, isn’t there an easy way to correct it? No bridges or tall buildings to jump off?
    How about suing Geoge Bush Senior for allowing George Junior to be born
    Can I join a class action?

  • drdarcy

    This is interesting (in a very disturbing kind of way) … this person is profoundly physically disabled, deaf, blind, I would assume based on experience with similar patients, probably profoundly mentally retarded and not capable of the kind of cognition necessary to start a lawsuit (no lawyer jokes necessary here, please) … so, really, her parents must have initiated this suit on her behalf … I wish I knew more about what is happening in this family, and whether this patient lives with her family, or if she has been institutionalized.

  • Anonymous

    “Can we sue CJD and Elliot’s Obstetricians for wrongful birth? Again, this is another article that shows you have to be an idiot or mentally unstable to go into OB-GYN.”

    . . . in Australia. Read for comprehension.

  • Anonymous

    The mother apparently contacted Rubella while pregnant. Actually, in 1981 when this occurred, determination of Rubella titer was already part of the routine tests in the workup of a patient diagnosed to be pregnant, at least in the U.S.. If the titer was low or negative, rubella immunization was administered. The negligence may have been in not determining the Rubella titer in the mother and subsequently she contacted Rubella resulting into transmitting it to the fetus.

  • ohiomedgirl

    This is the most ridiculous thing I have heard this year…