Procanik By Procanik v. Cillo Sup. Ct Of N.J.,

97 N.J. 339, 478 A.2d 755 (1984)

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Nature of the Case

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Facts

Cillo, Langer, and Greenberg, (Ds) are board-certified obstetricians and gynecologists who apparently conduct a group practice. During the first trimester of her pregnancy with P, Mrs. Procanik consulted the Ds and informed D 'that she had recently been diagnosed as having measles but did not know if it was German measles.' D examined Mrs. Procanik and ordered 'tests for German Measles, known as Rubella Titer Test.' The results 'were 'indicative of past infection of Rubella.'' D negligently interpreted the results and told Mrs. Procanik that she 'had nothing to worry about because she had become immune to German Measles as a child.' The 'past infection' disclosed by the tests was the German measles that had prompted Mrs. Procanik to consult Ds. Mrs. Procanik allowed her pregnancy to continue, and P was born on December 26, 1977. P was diagnosed as suffering from congenital rubella syndrome. As a result of Ds' negligence, Mr. and Mrs. Procanik were deprived of the choice of terminating the pregnancy, and P was 'born with multiple birth defects,' including eye lesions, heart disease, and auditory defects. P sued Ds and states that 'he has suffered because of his parents' impaired capacity to cope with his problems,' and seeks damages for his pain and suffering and for his 'impaired childhood.' P's parents seek damages for their emotional distress and the extraordinary medical expenses attributable to P's birth defects. The trial court ruled, therefore, that the parents' claim was barred by the two-year statute of limitations. The parents contend that their claim is derived from P's claim and that this tolls the statute of limitations during infancy. Ds’ motion to dismiss for failure to state a cause of action. The Appellate Division affirmed. P appealed.