Fassoulas v. Ramey

450 S.2d 822 (Fla. 1984)

Facts

Ps, Edith, and John were married with two children both of whom were born with severe congenital abnormalities. They decided that they should not have any more children and John had a vasectomy by Ramey (D). The operation was not done right, and Edith became pregnant and had two more children; one with many congenital deformities and the other basically normal and healthy. P sued D for two wrongful births. The jury found for P 100% with reference to the first child and 50% with reference to the second child. P got $250,000 for the first child and $100,000 for the second less $50,000 for comparative negligence. D appealed.