Who's Been Wronged? Two Australians are suing for the missed opportunity of avoiding birth. Both are brain damaged - one from congenital rubella, the other from a genetic condition. One is only five years old. Their claims are based on "wrongful life," but it's fair to say that neither of the plaintiffs have the capacity to bring the suits or to complain that they've never been born. It's their parents who resent their presence on this earth.