The couple is suing the service, attempting to show that the service failed to meet it's duty of care and is therefore liable for damages.  This despite the fact that the service has apparently offered to negotiate some sort of settlement prior to the law suit being launched.

The judge in the case stated that the children involved, on who's behalf the suit was brought, have "no legitimate expectation other than being born healthy and well."   On one hand, this sounds reasonable.  It's the parents (the ones bringing the law suit) that had expectations in terms of how their children ought to look.  For whatever reasons, they opted for an IVF process in which human error can and obviously does enter in from time to time.  There would seem to be a burden of responsibility that the parents in this situation must bear in exchange for the opportunity they are seeking.  While the situation is unfortunate, isn't this a risk?  

On the other hand, does this comment indicate that people have a right to expect to be born in a certain condition?  I'm sure that's not the intent of the judge (the quote is from the author of the article, not a direct quote from the judge himself).  What expectations do any of us - can any of us - reasonably have about the state into which we're born?  If the parents are the ones with expectations about their children, isn't it a logical extension that the only reason a child would think to have expectations about their own state is because of the expectations and judgments of the community they find themselves in?  Who defines what healthy or well are?  Is there legal recourse available - or should there be? - for individuals who through no control of their own find that their lives are not the picture of healthfulness or wellness?  

As much as we wish to believe we can take control of things, there are elements of unpredictability in every aspect of our life.  Expecting that just because we pay a large sum of money that these unpredictabilities should be weeded out seems rather optimistic, at best.  It ought to give all of us pause to think - and to give thanks for all that we think is as it ought to be.