Troppi v. Scarf

187 N.W.2d 511 (1971)

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Facts

Ps were the parents of seven children, ranging in age from 6 to sixteen years of age. John Troppi (H) was 43 years old, and his wife (W) was 37. A physician prescribed an oral contraceptive, Norinyl. The doctor telephoned the prescription to D, a licensed pharmacist. Scarf negligently supplied Mrs. Troppi with Nardil, a mild tranquilizer. W took them on a daily basis. In December 1964, W became pregnant. She delivered a well-born son on August 12, 1965. Ps sued D for: (1) W's lost wages; (2) medical and hospital expenses; (3) the pain and anxiety of pregnancy and childbirth; and (4) the economic costs of rearing the eighth child. D moved for summary judgment, and the judge granted it. The judge declared that whatever damage Ps suffered was more than offset by the benefit to them of having a healthy child. Ps appealed.

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