Supreme Court Rejects Appeal in ‘Wrongful Birth’ Case

BOZEMAN — The Montana Supreme Court has rejected an appeal in the case of a Montana woman who sued saying medical providers failed to diagnose her unborn daughter’s cystic fibrosis.

The Bozeman Daily Chronicle reports Kerie Evans sought up to $2.2 million for medical expenses, arguing that if she had known about the diagnosis she would have had an abortion. A Gallatin County jury ruled last year that the nurse and doctor did not violate the standard of care.

Evans argued jurors should not have been told her daughter had medical insurance. Justices said defense attorneys raised an issue that opened the door to testimony about her insurance.

Evans acknowledged she did not read a brochure on cystic fibrosis and that she and her husband had not undergone blood tests to determine if they carried one of the numerous genetic mutations that cause the disease.