Battalion/Page 11
May 5, 1982
state/national
Jury finds two guilty
killings in Conroe
irs.
s f le rc-ustf
sionally,
notocc®
wuld
•c i B United Press International
, re r ' -^CONROE — A jury con-
l ua % Evicted two Houston men of
UUs ' ■ caidtal murder in the death of
a young girl killed in an inci-
a PP ea rit|,£leiu that also left her father
P a persar» a d and her mother
j^adbv, wounded.
)le daily, ■ Fermin P. Hernandez, 38,
and Harry D. Carter, 48, were
convicted Monday of killing
Karen Weicht, 8, on Oct. 26,
1981.
The prosecutors are seek
ing the death penalty in the
punishment stage of the trial
which began Tuesday. The
minimum sentence is life im
prisonment.
Prosecutors contend the
men killed the girl after they
attempted to collect an
$ 11,000 debt from her father,
Craig Weicht.
Charges pending against
the two men also accuse them
of killing Mr. Weicht in the
incident and wounding his
wife, Carolyn.
Mrs. Weicht testified last
week that Hernandez forced
his way into the family’s home.
Deaf child given right
to sue for being born
United Press International
SAN FRANCISCO — In an
unprecedented decision allow
ing a child to sue for having been
born, the California Supreme
Court gave a child the right to
seek damages from the doctor
who misdiagnosed a genetic dis
order that caused her deafness.
The court ruled Monday Joy
Turpin,4, could sue Dr. Adam J.
Sortini of Fresno, Calif., be
cause, before she was born he
told her parents her older sister
Hope’s deafness was not genetic
and they would not likely pro
duce another deaf child.
With Sortini’s assurance, Dr.
James Turpin and his wife, Don
na, now living in Chapel Hill,
N.C., had Joy. She was born tot
ally deaf. Later, both Hope and
Joy were correctly diagnosed as
suf fering from a genetic hearing
defect.
The Turpins, contacted at
their home in North Carolina,
said they were “elated” and
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“drained” by the ruling. But
they said their lives would have
been different if they had
known Joy stood a one-in-four
chance of being born deaf.
“I would never would have
had a second child. Never,” Mrs.
Turpin said. “But I had already
conceived her at the time J
found out. I would not have
taken any chances.”
“A child deserves to be born
whole,” Turpin said.
The opinion overturns a de
cision by the intermediate state
Court of Appeal, which said it
could not grant damages be
cause it could not draw a distinc
tion between life with a hand
icap and no life at all.
While courts have given pa
rents the right to sue for dam
ages stemming from negligerit
advice, the Supreme Court’s 4-2
decision in the Turpin case is the
first highcourt decision nation
wide giving a child the right to
sue for being born.
The court refused to sa?y
whether its decision would seta
standard for similar cases. <
Sortini and other staff mem
bers at the Leon S. Peters Re
habilitation Center at the Fresno
Community Hospital told the
Turpins that Hope could hear
within normal limits when, in
reality, she was “stone deaf,” the
court said.
The court ruled the doctor’s
misdiagnosis harmed both “the
potential child as well as the pa
rents” by depriving the mother
and father of information that
could be necessary to determine
“whether it was in the child’s
own interests to be born with de
fects or not to be born at all.” 1 '
Joy does not suffer from a
totally debilitating deformity
and “it seems quite unlikely a.
jury would ever conclude lift
with such a condition is worse
than not being born at all,” the
court added.
The court rejected claims
frpm the Turpins that the'J'
should be awarded general
daxuages because Joy was negli
gently brought into the world,
but upheld their argument thej/
should receive special damages
for the “extraordinary expenses
for specialized teaching, train
ing and hearing equipment” the
child needs.
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