Viccaro v. Milunsky

551 N.E.2d 8 (1990)

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Nature of the Case

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Facts

Ps consulted D, a specialist in genetics, genetic disorders, and genetic counseling, concerning the possibility that P might have, or be a carrier of, a genetic disorder known as ectodermal dysplasia. D concluded that P did not have the disease and that there should be no likelihood of her developing the disorder or of having affected children. Ps got married and had children. The first child was born healthy. The second child was born severely afflicted with anhidrotic ectodermal dysplasia. Ps have suffered and will continue to suffer severe emotional distress and substantial physical injuries. Ps sued seeking emotional distress damages, recovery of the extraordinary expenses for the child's care, support, and education; their loss of companionship of a normal son; and their loss of the services and earnings of a normal son. The district court certified questions to the Supreme Court relating to the tort of wrongful birth.