The Supreme Court of the State of Kansas (“Kansas Supreme Court”), in its opinion dated April 30, 2021, stated: “This case considers the constitutional validity of a statute abolishing a medical malpractice claim commonly known as a “wrongful birth” action…. Read More
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New York Appellate Court Revives Medical Malpractice Wrongful Birth Lawsuit
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion issued on March 24, 2021, held in a New York wrongful birth medical malpractice action, “The record demonstrates a triable issue of fact as to whether… Read More
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Georgia Supreme Court Revives Some Claims Against Sperm Bank
The Supreme Court of Georgia (“Georgia Supreme Court”), in its decision filed on September 28, 2020, revived some claims against a sperm bank, stating: “Wendy and Janet Norman allege that Xytex Corporation, a sperm bank, sold them human sperm under… Read More
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Georgia Appellate Court Affirms Dismissal Of Claim Against Sperm Bank As Impermissble Wrong Birth Claim
The Court of Appeals of Georgia (“Georgia Appellate Court”) affirmed the dismissal of a claim against a sperm bank for the birth of a child with mental health issues, in its decision dated June 21, 2019. The Georgia Appellate Court… Read More
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$14M Iowa Wrongful Birth Medical Malpractice Verdict
On January 8, 2019, an Iowa medical malpractice jury returned its verdict in favor of the wrongful birth plaintiffs in the amount of $14,504,790, which included $285,000 for the mother’s emotional distress from the date of the injury to the… Read More
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Wrongful Pregnancy Medical Malpractice Claims
A wrongful pregnancy medical malpractice claim, which is sometimes called a wrongful conception claim, is brought by “parents of a normal but unplanned child [seeking] damages either from a physician who allegedly was negligent in performing a sterilization procedure or… Read More
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Kansas Appellate Court Says Statute That Eliminated Wrongful Birth Claims Is Constitutional
The Court of Appeals of the State of Kansas (“Kansas Appellate Court”) held in its opinion filed on June 15, 2018 that “K.S.A. 2013 Supp. 60-1906 is constitutional since a cause of action for wrongful birth was unavailable when our… Read More
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Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim
In its opinion dated February 8, 2018, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) recognized wrongful birth claims but rejected wrongful life claims in Oregon, thereby affirming the lower appellate court’s decision. In the case the… Read More
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New York’s Highest Appellate Court Decides Wrongful Birth Claim Begins To Run At Date Of Birth
The New York Court of Appeals, New York’s highest appellate court, held in its opinion filed on December 14, 2017 that the statute of limitations for wrongful birth claims in New York begins to run on the date of birth,… Read More
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Iowa Supreme Court Recognizes Wrongful Birth Claims
In its opinion filed on June 2, 2017, the Iowa Supreme Court recognized for the first time wrongful birth claims in which the parents of a child born with severe disabilities may bring a medical negligence action based on the… Read More
