Frank Foundation, World Child in 'Wrongful Adoption' Suit - Day Two
Reader Comments
"I guess that's the crux of the matter. If information is known but not disclosed to the adopting parents, I'd rake the agency over the coals. If nobody is aware that the child has a disability, then parents need to realise a risk still exists."
JUROL
|
Day two of the "wrongful adoption" lawsuit against
Frank Foundation - Child Assistance International and
World Child, Inc. concluded March 12 at approximately 12:30 p.m., with the lawyers for both sides smiling, shaking hands - even exchanging a hug - as they packed up their files. As usually happens in these cases, there was an "out of court settlement" - which means the amount of money that the insurance companies had to pay out is not a matter of public record. Earlier, in the lobby outside the courtroom, the atmosphere was different: the adoptive father was grim-faced and the adoptive mother was in tears. But at least it was over, for this couple and their child, so far as U.S. law is concerned.
A copy of the 38-page complaint filed by the adoptive parents contains a complete chronology of events, as alleged by the adoptive parents, and lists those who were named in the lawsuit and the amounts being sought in each instance of the 32-count complaint:
World Child: compensatory damages sought of $2 million, punitive damages, $5 million;
Sherrell J. Goolsby, Executive Director of World Child: the same $2 million and $5 million figure; and
Frank Foundation: $2 million and $5 million.
The lawsuit alleged "intentional misrepresentation/fraud," "intentional non-disclosure," "negligent placement of adoptive child," and "intentional infliction of emotional distress." Lutheran Social Services of the National Capital Area, which certified the home study for the couple, was not named. Not sued by name were: Nina Kostina, President of the Frank Foundation web site; Alla Solomonova, the Russian coordinator of adoptions for World Child and/or Frank Foundation; Jane Molchanova, a Russian translator provided by World Child and/or Frank Foundation.
The complaint reveals that the couple traveled to Cheriponava, an orphanage in the Novaslbirsk [sic] area of Russia, and adopted the boy on Aug. 27, 1997, at six months and two days of age. On Aug. 28, the child was examined by a Russian-speaking physician and, just before leaving Russia and after the adoption was final, certain untranslated medical records were given to the couple.
After returning to the USA, the complaint alleges that the couple had the documents translated into English. The documents disclosed that the child was diagnosed by a neurologist prior to adoption with "pre-perinatal encephalopathy of toxico-hypoxic genesis, hypertensive hydrocephalic syndrome, and pyramidal insufficiency," which the lawsuit claims are elements of Tuberous Sclerosis.
Coincidentally, prior to July 27, 1997, when the adoptive parents first saw the pictures and videos of the baby referred to them, the July/August issue of
Adoption/Medical News about "Russian Children and Medical Records" had just been published. The 8-page double issue mentioned "perinatal encephalopathy of hypoxic genesis" as "brain damage at birth from lack of oxygen." Only a physician could interpret what the "pre" in the baby's diagnosis suggested. "Hypertension-hydrocephalic syndrome" includes a dozen criteria, either alone or in combination, the first of which is "seizures." "Pyramidal insufficiency" means, among other things, an infant "considered to be at risk of cerebral palsy." The same issue of the newsletter, which was $36 per year, offered three additional resources "that may be helpful to families, physicians or agencies working with adoptions from Eastern Europe and the former Soviet Union." If someone had bought everything from the publisher, the bill would have increased only $19.
The trial is over and no jury was selected and the opening statements of the attorneys were never given. While the lawyers debated settlement for more than two hours, Sherrell Goolsby of World Child and Nina Kostina of Frank Foundation chatted amiably in the courtroom. Kostina even put on her glasses and read, with great care, the large-format pages that looked like medical records, at least from my front-row seat. Too bad someone didn't have the Russian medical records, translated and understood, to discuss with the adoptive parents or their pediatrician before the parents ever set out for Russia.
As the lawyers piled carts with boxes of files, I couldn't help wonder how much of the "secret settlement" went to the lawyers and how much went to the parents to help them with the multi-million dollar bills for medical care and other services their child will require over his lifetime. Considering the numbers of lawyers and the time that must have been spent on the case, I'd bet the cost of a subscription to
Adoption/Medical News (still $36) that the lawyers went away with the majority of the money paid out by the insurance companies.
> >
Day OneAdditional Reading•
Adopting Parents Center •
Adopting From Russia •
Adoption Headline News•
Adoption Fraud•
Adoption Medical Evaluations•
Wrongful Adoption and Agency Liability•
Lessons for Prospective Adoptive Parents
Home
Add Your Comments!
We want to know what you think. Your comments are important to us and the other readers. You are what makes this site special.