Couple Sue For $5 Million After Adopting A 'Special Needs' Baby—What Would You Do?!

Wed, February 23, 2011 4:27pm EDT by 10 Comments

A New York couple who adopted a baby with severe neurological deficits is suing for $5 million—claiming they would never have gone through with the adoption knowing their son was so sick.

This is a sad situation. After their son, Ellington underwent a CAT scan three months after his adoption, parents Lynell and Victor Jeffrey discovered he had a serious neurological condition. Now, they are filing a $5 million lawsuit against their adoption attorneys for failing to warn them about his medical issues. Are these parents heartless? Or can you sympathize with their predicament?

The Jeffreys claim they’ve spent thousands paying for Ellington’s treatment and are seeking the money from adoption lawyers Aaron Britvan and Alyssa Seiden to cover past and future medical expenses.

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“Ellington is a wonderful little boy, but this has been hard,” Lynell tells the New York Post.

A previous lawsuit against the pair was thrown out in Indiana—where Ellington was born—because Britvan and Seiden are based in New York. So the couple has switched their legal battle to the Big Apple.

The Jeffreys stand a better chance of victory in New York, where, unlike Indiana, the law states prospective adopters must be informed of any medical problems.

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But Britvan and Seiden are confident they’ll win a second legal battle. A lawyer for Seiden tells the Daily Mail, “I hate to say it, but it almost seems like they have Buyers’ Remorse.”

What would you do HollyMoms and dads? And how will poor Ellington feel when he’s old enough to realize he has been rejected by not one, but two sets of parents!

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Mike

Posted at 9:34 PM on March 6, 2011  

I think its a good idea to sue. It will make these adoption lawyers think twice about telling the truth and not just selling kids.

There are thousands of kids in foster care and the counties just want these kids “off the books” so they can deal with another kid. They lead you to believe that these kids have “medicaid ” till there 18 and any medical problems they will cover. They don’t tell the new adoptive parents anything even though they know these kids have huge problems that many of thoughtful adoptive parents have no idea what there getting into. If there lucky the worst thing will be they file medical bankruptcy because they can’t afford it.

Of course there are ALOT of worse things that do happen

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Lillian

Posted at 1:10 PM on February 27, 2011  

If the adoption agency knew or even suspected that the child had medical problems, they should have disclosed this to the adopted parents.

Cases like this discourage parents from adopting because they make parents suspect that adoption agencies will hide medical information that is important.

I’m sure the parents love their adopted boy, but they should be compensated for his care. Here’s why: if they had known he had medical issues, they would not have adopted him. It’s true that any parent could have a child with special needs, but very few people would actively choose to have a child with special needs if they were adopting.

If this were a case of an adopted baby with a learning disability or autism or any of the things that cannot be detected at birth through medical exams, I would not side with the adoptive parents. But adoptive parents should be told the biological parents’ health history and be warned of existing health issues before adopting.

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Mist Stilipec

Posted at 12:06 AM on December 14, 2013  

They should sue the agency and the lawyer to keep them honest..they lie to everyone to include the BIOLOGICAL parents. I am grateful that finally adopters are being responsible enough to sue the RIGHT people which are those who profit from peddling lies and human children.

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canchick

Posted at 2:42 AM on February 27, 2011  

Really? They wouldnt have gone through with it? Had they known? They need to be given the money they can prove they spent and let the baby be adopted by a “loving” family where the baby isnt going to know,, well if I was normal they wanted me.. I mean really? How heartless can a person be? It is not going to be healthy for that baby,, one day it will be found out. As far as I can see, they shouldnt be allowed to adopt a baby,, cause they are never going to find one that is perfect. Jerks

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Alana

Posted at 5:03 PM on February 25, 2011  

This family is so heartless. I’m sure the adoption place didn’t know of a medical problem with the birth mother and father. Plus a baby can be born 100% healthy and problem come up later. Both my kids are developmentally delayed and I could care less I love them with all my hart.

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shell

Posted at 9:25 PM on February 24, 2011  

They didn’t say they were returning the baby, they said they had no idea he was so sick, and they were not informed, maybe they can’t afford the medical care Ellington needs, so yes these people who hid this information should compensate them. If you have ever tried to purchase your own insurance, you know they are hard to obtain when you have medical problems. Its a sad situation, but they should have been informed, they love their child, but they have right to give him a future where they can afford his medical expenses.

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Heather

Posted at 12:58 PM on February 24, 2011  

When you have a baby, and he or she comes out healthy from the doctors perspective. It means no diseases. My daughter is healthy too. She has Learning Disabilities. Sure we had her tested by a Neurologist. So what!!! In this world, 1 out of every 5 kids have some sort of problem. Whether it be mental or physical. It just means they need your love and support like any other child would.

I was adopted a week old. My biological mom was 15 yrs old when she had me. I know now that it was in her best interest that she give me up because she wanted a better life for me. I have Depressive Bi-Polar Disorder. I have has this most of my life. As far back as I can remember, I used to sit in my room at 8 yrs old in front of the window and just cry for no reason at all. and then stop and go outside and play like nothing was wrong.

Now I have severe migraine headaches and other health problems. But I am always gonna be there for my daughter whom has the same problems I have.

These parents who are suing the agency are stupid. They don’t want to deal with the fact that yes the child they ended up with needs extra care, needs extra love. Time they don’t want to share other then with each other. They want a care free life. Parenthood is not carefree. it takes work!!!

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dianna

Posted at 2:44 AM on February 24, 2011  

So what if they had a biological baby with special needs….who would they sue then…..no telling probably the docs….and is it possiable the adoption agency didn’t know themselves?

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suezq

Posted at 10:34 AM on February 24, 2011  

The adoption agency should say up front, the Truth. Im sure the agency knew after a doctor visit.

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rachel s

Posted at 8:45 PM on February 23, 2011  

If the adoption agency knew the child had problems, and never disclosed the information to the adoptive parents I find that to be wrong, but truth be told any parent could have a child that could be special needs. It’s just one of those things.

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