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Show GheSalt Lake Tribune e$LTIOy, SUNBAY MLOTTERY, C-2 MIWILSON & BARBERI,C-4 EHEARTLINES, C-5 if OBITUARIES, C-8 = JUNE 20, 1999 Suit Challenges ‘Wrongful Life’ Statute Kids Adopted Overseas Find New Lives in Utah Obscure Utah law shelters medical personnelin botched prenataltests BY HOLLY MULLEN THE SALT LAKE TRIBUNE BY RAYRIV! THE SALT LAKE TRIBUNE MURRAY — Sitting at a picnic table in a Riverview Parkpavilion, 2-year-old William Anton Murphy was enjoying a sensory feast, American-style! dozens of other children running past him, balancing paper Prenatal genetic tests often heave an agonizing responsibility upon would-be parents — making them choose whether their child will be too dis- daughter with Down syndrome. despite what they believed were optimistic prenatal tests. Thesuit is thought to be the first challenge of the 16-year-old Utah law that prohibits so-called But what happens when their decision is based onfaulty information? In Utah, nothing. The issue is more important than ever, Schaffer Says, as genetic screening strengthensits foothold on the American psyche. As manyas9 of 10 pregnant women in this country undergo some form of prenatal test, not always covered byinsurance, andfaith in the results has become nearly unwavering. “wrongful birth” and “wrongful life” actions. Undera state law enacted in 1983, parents can- phy,calls him, was only 24 hours in this country at the Saturday reunion of families who have adopted children from Russia, China and Vietnam through Focus on Children, a licensed, nonprofit agency specializing in international adoptions. Gary and his wife, Shelice, returned to Utah late Friday afternoon from Vladivostok, Russia, with three newly adopted children — William Anton, Isaac Andresa, 22; and Nathan Aloosha, not sue doctors or genetic counselors who botch prenataltests, misinterpret the results or who fail to inform them ofthe risks of delivering a child. The obscurestatute was established to protect ‘Why would we spend the moneyif the medical doctors who oppose abortion. In almost no other profession didn’t tell us these tests were reliable?” Schaffer asked. “We're giving them our moneyand we'reputting our trust in them.” In the lawsuit, Marie Wood and Terry Borman, a 40-something Salt Lake City husbandandwife, allege that contaminated tests performed at the University of Utah Medical Center produced false medical instance would a physician receive such immunity from malpractice lawsuits. A Salt Lake City lawyer says that distinction is unfair, and perhaps unconstitutional. “Whydoes this portion of the medical profession get protection when noone else does?” asked attorney ThomasA. Schaffer. “If I go to a doctor for a lump on mychest, and hesaysit’s benign and he’s wrong, he can be sued for misdiagnosis. Why 3% “We couldn't be more thrilled. I've got jet lag I guess, but I’m too happyto notice it,” said Murphy, a funeral director from Spanish Fork. His wife was See ADOPTIONS,Page C-5 Schaffer filed a lawsuit this month in 3rd District Court on behalf of a couple who delivered a abled,too chronicallyill or too mentally impaired to be born atall. plates heaped with sub sandwiches and sheet cake; the constant buzz of English conversation all around him; and bestofall,his first taste of a potato chip. “Antonsa,” as his new adoptive father, Gary Mur- homewith the other two boys and their big sister, Mychel Anne, the Murphy’s 9-year-old biological daugh- do genetic counselors get more protection?” Michael J. Miller/The Salt Lake Tribune Gary Murphy and new son William,from Valdivostok, Russia, at Riverside Park on Saturday. results, leading them to believe their child would See ‘WRONGFULLIFE’, Page C-7 Tale of New Cities Facts or Fantasy? Reservists Home for Father’s Day Members of Utah Guard unit get early Kosovoexit, but someto stay behind Plan could plop Olympus Covein Taylorsville BY CHRISTOPHER SMITH and KELLY KENNEDY THE SALT LAKE TRIBUNE BY REBECCA WALSH THE SALT LAKE TRIBUNE “This is the best Father’s Day gift,” Maj. Bart Woodsaid Saturdayon arriving home from tour in Kosovo. “The packed mywife inside my baggage.” Master Sgt. Kathy Wood remains in Kosovo, so Wood returned home to their three children by himself. Wood was oneof 23 Utah Air National Guard reservists who flew in on their KC-135 Air Tankerto the 15ist Air Refueling Wing basein Salt Lake on Saturday night. They had gone overseas on May18. “They told me my wife’s more important than I am, so she’s still there,” Wood said. ‘‘We both had to go and had no choice, so Mom [their grandmother] watchedthe kids.” The soldiers were released from duty as NATO slowly begins to demobilize who hugged their wives and children they did not expect to see for another eight months. “I'm happy my dad could come home, but I miss my mom,” Steven Wood, 13, said. “I had to do all the stuff my dad would do while he was gone — yard work and poisoning bugs under the house.” Kim Ocana hugged her husband Matt, but said she didn't worry about him be- ing gone. supposed to pay for part of the $59,000 Olympus Cove a neighborhood in “Greater Taylorsville’? It’s possible. Facing the prospect of having their communitiessplit up and spliced into existing cities, some residents of unincorporated Salt Lake County are throwing only thing better is if I could have the 10-week bombing of Yugoslavia, part of an agreement to end Yugoslav agression against ethnic Albanians in Kosovo. Wood joined several other fathers with such a dramatic change. Each city is “He would want to know more about what was going on with us and wouldn't tell us what was going on with him,” she said, as Matt Ocana played with baby Alexander. Shawna Cragun hasnot been separat ed from her husband for such a long period since he flew sorties in Desert Storm. “Hewas gone for eight months, but that was eight years ago,” she said. “It's not that I'm worried about his safety, it’s more the ‘How long?’”” Her husband, Mike, got his Father's Day gift in Kosovo the day before he left “I don’t see us going back unless something significant happens,’ Mike See RESERVISTS, Page C-11 As a result, residents of communities such as Millcreek, Kearns and Granite out alternatives, no matter how wild fear the Nesbitt study, expected to be released in August, will represent only the interests of thecities. A so-called Greater Taylorsville, stretching from Magna on thewestto the canyonsontheeast, is just one. Feeling excluded from a countywide West Jordan annex two southern Kearns Behind-the-scenes machinations don't calm their concerns. Take, for example, Kearns. Callaghan has proposed that wall-to-wall-cities feasibility study, members of the Association of Commu- neighborhoods, Oquirrh Shadows and nity Councils Together (ACCT) sent county commissioners a letter suggesting a bigger Taylorsville two weeks ago. “Wefinally got their attention,” says Joyce Smith, ACCT president and Cottonwood Heights resident. City annex the western section of the community, to 5600 West. And Taylors- been directed by Commissioner Mary Callaghan, who is pushing to eliminate unincorporated communities. Last week, Commissioners Brent Overson and Mark Shurtleff got involved, adding more representatives to Callaghan’s steering committee and instructing the consultant to expand the options. “We were excluding things from the contract,” Shurtleff says. “It's been han. died piecemeal and without a lot of in. volvement. People feel left out."” Last month, Salt Lake Countyhired Nesbitt Planning & Management to study how annexation or incorporation tion petition, hoping to beat any agreement Callaghanreaches with thecities. ley, and the costs and benefits associated See CITIES, Page C-8 For weeks, the feasibility study has Trent Nelson/The SaltLake Tribune Tami Bridge embraces her husband, Quentin, on his return to Salt Lake City Air Guard base from Kosovo on Saturday. Their baby is due any day. study. Callaghan, commission staffers and the consultants are directing the study. Misty Hills. She suggests West Valley ville would takeall the rest, effectively eliminating the fiercely proud andinde- pendent working-class neighborhood Rather thanface partitioning, Kearns residents are circulating an incorpora- “We wantto protect what we'vegot,” says Kearns Town Council Chairman Alan Anderson. ‘Kearns is going to do what is in Kearns’ best interest.” And if that means becoming part of Greater Taylorsville, where they hope taxes would be lower than surrounding cities’ and Salt Lake Countystill would provide municipal services, Anderson says Kearns residents would forfeit incorporation “We're willing to come up with any idea to protect our boundaries, protect our identity and preserve the level of can achievewall-to-wall cities in the val- Wildfire Could Trap Hundredsin Canyon Unless County Builds Road, Residents Allege in Lawsuit BY PHIL MILLER THE SALT LAKE TRIBUNE out in a hurry. It’s pretty basic that it’s more difficult on one small road," Pioneer Fork Road snakes its way more than Theroad to Stephanie Harnicher's house is 1.2 miles of winding, climbing pavement, a narrow Emigration Canyonlanethat at one point twists into a quaint and scenic S-curve Harnicher has anotheradjective forit: deadly Pioneer Fork Road, the entrance to The Boyer Co.'s 210-lot Emigration Oaks development, is a dangerous choke point that could trap hundreds of three miles up and down the canyon wall, past doz ens of million-dollar homes, before finally dead. ending in cul-de-sacs next to Freeze Creek. Boyer Co.'s original plans for Emigration Oakscalled for connectingtheserpentinestreet to Emigration Can yon Roadalongthe creek bed, and Salt Lake County fireofficials initially insisted the connector road be residents if a wildfire started on the canyon floor, Harnicher contends. built But when several residents complained to the canyon's community council and Emigration Town nicher said. ship Board about the prospect of putting down pavement near thecreek, both bodies votedtoelim. inate the road from Boyer's site plans, andthe Salt You're talking about hundredsof people atrisk — not just their property, but their lives,” Har And someprofessionalfirefighters say she has a int “Youdon't have to be a rocket scientist to know that if someone panics and rolls a vehicle, you're going to havea lot of people in trouble up there,’ said Dave Dalrymple, a fire-management forester for the Utah Division of Forestry, Fire and State Lake County Commissionrefused to hear an appeal by Harnicher Fearing a catastrophe such as the 1991 wildfire that killed 24 people anddid $2 billion damage in Oakland, Calif., Harnicher and her husband, David, filed a lawsuit last month in 3rd District Court, ask Lands, “You've got to get equipmentin and people See FEAR, Page C-8 Michael J, Miller/The Salt Lake Tribune S-curve in Emigration Oaks is a choke point that could trap residents in a fire, a couple claims. UTAH QUOTES “To these young women who are at risk, some of the beauty and fashion magazines can be as dangerous as giving a beer to an alcoholic. Young women may choose to use the media to support and reinforce their eating disorder. — Steven Thomsen, Brigham “They get on the plane and go to sleep and then they get to the hotel and goto sleep. I'm just looking for ways to make them It is unenforceable, unconsti “T'm a Vietnam vet — a door. tutional and I wouldbe the first gunner on a chopper, among onearrested in South Salt Lake. other things in ‘68 and 69 — We have so many stinking laws andthese people are telling me I now: curfews, exhibition driving can't fly the flag.” but legally driving a car — Toby Collins, after his does not make for an illegal condo association told him he action | could not display a flag on Flag — South Salt Lake CouneilDay man Wes Losser on why his city | curious about something. — Utah Starz Coach Frank Layden on making his players better-rounded adults Young University | “I'd be the longest of the long shots, I know that. I just hope whatever | do my fellow Utahns will respect me and support ax” — Sen. Orrin Hatch on a pos sible presidential bid should not adopt an anti-eruls- | ing ordinance like Salt Lake City's | v a * tT “ . «“ ’ ne n today's |
