Shull v. Reid

258 P.3d 521 (2011)

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Nature of the Case

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Facts

Shulls (P) initiated an action in medical malpractice seeking compensation for the injuries suffered as a result of the D's alleged malpractice in failing to properly diagnose a Cytomegalo virus infection, that occurred during P's first trimester of pregnancy, and failing to inform Ps of the significant health risk to their unborn child. As a direct and proximate result of this failure to diagnose and inform, Ps' minor son was born on June 9, 2007, with the CMV infection and suffered significant complications rendering the child permanently and completely helpless. Ps claim that, had they known of the virus, they would have terminated the pregnancy. Ds filed a Partial Motion for Summary Judgment alleging the Ps may only recover damages for the medical cost of continuing the pregnancy, offset by the cost of termination of the pregnancy. The court granted the partial summary judgment, and this appeal resulted.