They are now suing the IVF specialist who oversaw Keeden's conception - Christopher James - in the NSW Supreme Court for what is known as ''wrongful birth'' and seeking compensation in the order of $10 million for the lifelong care of their handicapped son. ''We love Keeden now that he's here, but if we had the right information and the right options we wouldn't have gone ahead with the birth, not in the way we did,'' Mrs Waller said from her home in Kangaroo Valley yesterday. ''Had things been done right, Keeden would never have been here. He would never have to go through the suffering he goes through - the seizures and all.'' The case raises a number of legal questions and could set a precedent for other parents whose children have disabilities. The Wallers told Dr James about Lawrence's blood clotting condition, and they claim he breached his duty of care to them by failing to take proper steps to find out whether it could be passed on by just one parent.

In the first day of the hearing yesterday, Justice John Hislop heard that Dr James did not seek to find out the answer himself, but handed the couple the name and phone number of a genetic counsellor at Wollongong Hospital on a post-it note. It is alleged the note was given to the Wallers in the context of a discussion about fertility not genetics, and that the phone number was the main switchboard for the hospital rather than the counsellor's direct line. When the phone went unanswered the Wallers did not call back, and it is alleged that Dr James did not mention the genetic counsellor again, and began the IVF process. ''There was a duty of care on the part of Dr James to ensure that both he and the Wallers understood that this problem could be passed on and for there to be proper counselling and discussion about the other options they had, including the option of an anonymous sperm donor,'' counsel for the Wallers, David Higgs, SC, said. It is not the first time the Wallers have been to court in relation to their son. In 2006, they launched an unsuccessful ''wrongful life'' case in the High Court on Keeden's behalf, in which he sought compensation for future loss of earnings and opportunity. Lawyers for Dr James will argue it is not the responsibility of an IVF specialist to find out whether rare genetic conditions such as antithrombin deficiency can be passed on from father to son.

They claim that such responsibility as does exist was met by the referral of the Wallers to the genetic counsellor. ‘‘There is no question that Debbie and Lawrence Waller have experienced a tragic event and that the Keeden Waller situation is extremely sad,’’ counsel for Dr James, Jeremy Kirk, SC, said. ‘‘But they are intelligent adults who were advised to speak to a genetic counsellor. They chose not to take up that advice.’’ Loading The Wallers' solicitor, Bill Madden from Slater and Gordon, said that the compensation claim was largely made up of the costs of accommodation, food and caring for Keeden full-time.

"Neither parent has been able to work much; they've had to modify their home - the financial impact of something like this is huge."