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Case Style: Kerrie Evans v. Peggy Scanson, Dr. William Peters, Plark Clinic and Bozeman OB/Gyn
Judge: Mike Salvagni
Court: District Court, Gallatin County, Montana
Plaintiff's Attorney: Casey Magan
Description: Bozeman, MT - Jury Finds Against Plaintiff Wrongful Birth Case
Kerrie Evans sued Peggy Scanson, Dr. William Peters, Plark Clinic and Bozeman OB/Gyn on medical negligence (medical malpractice) theories claiming that she gave birth to a child who suffers from cystic fibrosis because the Defendants failed to diagnose that her daughter, now five years old, suffered from the genetic illness. She claimed that she would have had an abortion if she had been hold the truth.
Plaintiff was given a pamphlet that described the process for determining if a fetus has inherited the genes associated with cystic fibrosis but did not read it.
Outcome: Defendants' verdict.
Comments: Editor's Comment: Wrongful birth cases are not allowed in many states and they are very difficult to win where they are allowed.