Johnson v. University Hospitals Of Cleveland

540 N.E.2d 1370 (1989)

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Nature of the Case

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Facts

University Hospitals (D) and three physicians (Ds) performed a tubal ligation on P. P was supposed to be sterilized. After the operation, P got pregnant and gave birth to a healthy baby girl. P sued Ds seeking damages. P alleged the tubal ligation for sterilization purposes had been negligently performed. P sought damages for pain and suffering from the birth, medical bills, and lifetime expenses for raising the child. An arbitration panel found that P was not entitled to any child-rearing expenses since any monetary expense is '* * * substantially outweighed by the offsetting value of her [the child's] love, aid, comfort, and society. * * *' The panel assessed all P's remaining damages at $12,500. P appealed the arbitration award to obtain a trial de novo. The court denied recovery for child-rearing expenses. P appealed. The court affirmed, and P appealed again.