Our Case

The severity and number of defects of Trisomy babies is different and specific to each child. Each child is very unique, as we all are, and should be cared for on a case by case basis. When Nathan was born the only severe defect he had was a Ventricular Septal Defect (VSD) - a hole in his heart. We planned on taking him to UVA for corrective heart surgery as soon as he was released from the hospital. This particular procedure is very common-place this day-and-age and is not considered an extreme procedure. However, neither Riverside Regional Medical Center, nor CHKD will perform this surgery on a baby with Trisomy. This is why we were going to take Nathan to UVA.

Most people we know are unaware of the following events. It was just too painful to discuss for so long and now most people don't want to ask. But this is what happened (extremely shortened version). On Nathan's eleventh day of life, the morning we were scheduled to take him home, he stopped breathing while I was feeding him. Frantic, we yelled for the nurses who immediately began CPR. However, the neonatologist on call that day ordered them to stop - before he even knew whether or not Nathan was responding. We argued and pleaded with that doctor on behalf of Nathan's life for over two hours, while Nathan lay there slowly dying. The doctor absolutely refused to do anything for our son, despite our requests and pleadings as his parents, simply because he had Trisomy. It was prejudice, discriminatory and heartless at best. And according to the Americans with Disabilities Act, it was criminal.

About a month after Nathan's death we sought legal counsel from a very prestigious law firm and began the process to sue that doctor for medical malpractice and wrongful death. The attorney representing us began his research and received several faxes from other medical doctors regarding their experiences which supported our case. To read some of these excerpts click here. Unfortunately, shortly after we began our case, our lawyer had to drop it due a conflict of interest. We sought other counsel but ultimately dropped the suit. According to both attorneys, medical malpractice suits are the longest, most expensive (financially and emotionally), most difficult to prove and least likely to win - statistics are 1 in 9. And in the case of the death of a baby or child the monetary reward will most likely not even cover your expenses because the death of a child does not incur a monetary loss as in the death of a spouse / adult.

Since we dropped our legal case I pursued another venue. In November of 2000 I filed a formal complaint against that doctor with the Commonwealth of Virginia, Deparment of Health Professions, Enforcement Division. To my delight, after review, our case was assigned an investigator. However, it does take a lot of time. As of March 8, 2002, our investigator submitted her findings to the Board for their review and we are awaiting their decision.

Dave and I are both strong Christians. We know beyond any shadow of doubt that God is sovreign, He is in control and if Nathan was meant to live, he would have lived that day. What we believe is that the reason the Lord allowed all of this to happen, to us, is He knew that I would not take it lying down. He needed someone who would stand up and fight for these babies that everyone else has given up on, including the medical community whose very existence and job should be to help these children. This is why we have created this website. This is why we are in the process of starting a fund in Nathan's memory. We want to help others going through what we went through. We want to tell them - DON'T GIVE UP. Life is precious - every life. We don't all have to be perfect to deserve life. Listen to the words of one of our greatest forefathers, Mr. Thomas Jefferson:

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; ...." --Declaration of Independence as originally written by Thomas Jefferson, 1776. ME 1:29, Papers 1:315

"An equal application of law to every condition of man is fundamental." --Thomas Jefferson to George Hay, 1807. ME 11:341

"The most sacred of the duties of a government [is] to do equal and impartial justice to all its citizens." --Thomas Jefferson: Note in Destutt de Tracy, "Political Economy," 1816. ME 14:465

"The evidence of [the] natural right [of expatriation], like that of our right to life, liberty, the use of our faculties, the pursuit of happiness, is not left to the feeble and sophistical investigations of reason, but is impressed on the sense of every man. We do not claim these under the charters of kings or legislators, but under the King of Kings." --Thomas Jefferson to John Manners, 1817. ME 15:124

"Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with His wrath?" --Thomas Jefferson: Notes on Virginia Q.XVIII, 1782. ME 2:227

I think Jefferson puts it very eloquently. This country was founded on the very principles that we are all equal and have the right to life, liberty and the pursuit of happiness. To deny anyone any of these rights is not only illegal and immoral, it is unconstitutional and goes against the very foundation of our great nation.

If you are interested in becoming a board member or helping in any fashion with our fund, please contact us.

Thank you.

*********************** - A U G U S T 30, 2002 ************************

Today was indeed a very sad day for us, to say the very least. We finally received a response from the Virginia Board of Medicine regarding our case. They stated "The Board has concluded that the investigation report does not establish by clear and convincing evidence that a violation of the laws or regulations of the Commonwealth has occured which is actionable at this time. Therefore, the Board has closed this matter."

We are simply in a state of shock and heartache. Apparently it is legal in the Commonwealth of Virginia for a doctor to watch someone die and not even attempt to save their life. Think about that for a moment. That is a very scary thought. We were forced to endure watching our son die because this doctor did not want to bother to try and keep him alive. No one should EVER have to endure such agony. This is why we want to raise funds to start a foundation to help other parents dealing with a child with Trisomy. If you can help in any way, please do.

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