MILWAUKEE ‚Äď A Wisconsin appeals court Wednesday upheld a lower court's decision dismissing a "wrongful life" suit filed by the parents of a boy born at less than 24 weeks gestation.
The parents, Nancy Montalvo and Brian Vila, claimed doctors never told them the possible consequences of preserving the life of their premature son, Emanuel, born by Cesarean section after his mother went into labor and doctors were unable to stop it. He weighed less than 1.4 pounds at birth, did not breathe immediately and suffered from neurological disorders.
In their suit, the parents claimed the doctors were negligent for failing to sufficiently inform them "of the risk of disability to Emanuel following his premature birth. The parents said they should have been allowed to decide whether treatment should be withheld."
The appeals court found, however, "requiring the informed consent process here presumes that ...