Kassama v. Magat

767 A.2d 348 (2001)

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Nature of the Case

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Facts

Ibrion Fatuo Kassama, was born to P. Ibrion was born with Down's Syndrome. P was treated by D, a board-certified obstetrician, and gynecologist. P sued on behalf of Ibrion for negligence and lack of informed consent. P alleged she would have had an abortion and would not have delivered Ibrion if D had not been negligent. In her wrongful-birth claim, P, individually, claimed economic damages caused by the necessity of raising her genetically defective child. P filed a claim for wrongful life based on negligence and lack of informed consent theories. Prior to trial, the court granted D's motion for partial summary judgment as to Ibrion's claim of lack of informed consent. The case was tried before a jury, and at the close of P's case, the trial court granted D's motion for judgment as to Ibrion's claim of negligence, as well as P's lack of informed consent claim. Only P's wrongful- birth claim was considered by the jury. The jury found that D had breached the applicable standard of care and that the breach was a proximate cause of P's injury. The jury also found that P was contributorily negligent and that her negligence was a proximate cause of her own injury. Everybody appealed.