wrongful birth Archives - Medical Malpractice Lawyers

Georgia Appellate Court Affirms Medical Malpractice Plaintiffs Pled Impermissible Wrongful Birth Claims Against Sperm Bank

April 5, 2026

Xytex Corporation sells human sperm for the purpose of aiding those seeking to have children using assisted reproductive technology. The plaintiffs purchased sperm that had been procured from one of three donors –Donor #3116, Donor #5444, and Donor #9623. The plaintiffs alleged that had Xytex cond[...]

California Medical Malpractice Lawsuit Alleges Fetal Abnormalities Missed On Targeted Ultrasound

September 25, 2024

A recently filed California medical malpractice lawsuit alleges that a woman’s OBGYN and related parties failed to diagnose a fetus’ congenital abnormalities that should have been observed by multiple ultrasounds performed during prenatal care. The California birth injury medical malprac[...]

Washington Supreme Court Addresses Recoverable Damages In Negligent Reproductive Health Care Cases

November 20, 2022

Recoverable Damages In Negligent Reproductive Health Care Cases: The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its en banc opinion filed on August 18, 2022: “This case asks whether a patient who received negligent reproductive health care may r[...]

Texas Appellate Court Revives One Of Plaintiff’s Claims Involving Negligent Sterilization/Wrongful Birth

June 17, 2022

The plaintiff in a Texas medical malpractice case alleged that defendant Dr. Noe failed to perform a bilateral tubal ligation at the time of her third Cesarean delivery on July 16, 2014, which she alleged resulted in the unplanned pregnancy and birth of her healthy fourth child, Andrea. The plaintif[...]

Kansas Supreme Court Upholds Statutory Ban On Wrongful Birth Claims

May 3, 2021

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. See K.S.A. 2[...]

Georgia Supreme Court Revives Some Claims Against Sperm Bank

October 31, 2020

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 false pretenses about the charact[...]

Georgia Appellate Court Affirms Dismissal Of Claim Against Sperm Bank As Impermissble Wrong Birth Claim

July 9, 2019

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 held that the parents’ claims were for wrongful bi[...]

$14M Iowa Wrongful Birth Medical Malpractice Verdict

January 16, 2019

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 present and $1,346,938 for her future emotional distr[...]

Wrongful Pregnancy Medical Malpractice Claims

September 22, 2018

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 abortion, or from a pha[...]

Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim

February 10, 2018

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 Oregon Supreme Court was de[...]

Montana Judge OKs Wrongful Birth Medical Malpractice Lawsuit

June 25, 2012

On June 18, 2012, a Montana state judge gave approval to a medical malpractice case filed in October, 2011 that alleges a claim for wrongful birth. The medical malpractice plaintiffs claimed that had they been advised that their baby would be born with cystic fibrosis, they would have terminated [...]

Oregon Medical Malpractice Wrongful Birth Verdict

March 20, 2012

On March 9, 2012, an Oregon medical malpractice jury returned a verdict after a ten-day trial in the amount of almost $3 million in favor of the parents of a Down syndrome daughter that the 12-member jury determined would help cover the extra costs of caring for their daughter that the parents c[...]

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Tag: wrongful birth