Beardsley v. Wierdsma

650 P.2d 288, 1982 Wyo. LEXIS 379
CourtWyoming Supreme Court
DecidedSeptember 3, 1982
Docket5662, 5672
StatusPublished
Cited by68 cases

This text of 650 P.2d 288 (Beardsley v. Wierdsma) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beardsley v. Wierdsma, 650 P.2d 288, 1982 Wyo. LEXIS 379 (Wyo. 1982).

Opinions

[289]*289BROWN, Justice.

This case involves two separate actions which were consolidated for review. Appellants filed suit against the appellees seeking damages resulting from unsuccessful tubal ligations. There are several categories of appellants here.

Eighteen appellants had tubal ligations so that they would become sterile, but instead became pregnant. They were plaintiffs below. At the time of the suits eleven of these appellants had given birth to healthy, normal children; three of the appellants were pregnant; and four of the appellants had terminated their pregnancies.

The husbands of the female appellants were also plaintiffs below and are appellants here. The women who did not terminate their pregnancies, together with their husbands, brought a cause of action which is styled as a “wrongful birth” action, although it is' sometimes denominated a “wrongful pregnancy” action. It is essentially a medical malpractice action. The husbands and wives who became parents or were to become parents were also plaintiffs below on behalf of the children in another action which is denominated a “wrongful life” action.

Appellees here are Dr. Weirdsma, who performed the tubal ligations; Memorial Hospital of Sweetwater County, where the operations were performed; and Davol, Inc., which manufactured the cauterization instrument used in the surgery.

In their complaints, appellants alleged various acts of negligence against the three appellees. They also alleged breach of warranty against Davol, Inc. Intermingled in the appellants’ tort claims are allegations that apparently were designed to state a cause of action for breach of contract. The trial judge granted judgment on the pleadings in favor of all appellees.

Appellants stated the issues as follows:

“1. Was it error for the trial court to grant judgment on the pleadings when the Plaintiffs’ complaint alleged that Defendants’ medical negligence caused Plaintiffs to become pregnant and thereafter to sustain emotional distress, medical expenses, alteration of lifestyle and other damages?
“2. Can the Defendants exempt themselves from the application of traditional tort law doctrines by arguing that the pregnancies, children and abortions caused by their conduct created a ‘benefit’ to Plaintiffs which, as a matter of law, outweighs the detrimental results of their negligence?
“3. Are the Plaintiffs, who sustained medical expenses, pain, emotional trauma, changes in lifestyle and additional costs which are attributable to the Defendants’ negligence, entitled to have those damages determined by a jury and not upon a motion for judgment on the pleadings?”

We will affirm in part, reverse in part and remand.

I

The “wrongful life” action asserted by the parents on behalf of their children is an action for damages based on appellees’ negligence which caused a particular child to be born. We hold that a cause of action for “wrongful life” under the circumstances here does not exist.

The vast majority of cases have refused to recognize a cause of action for “wrongful life” on behalf of a child based on the rationale that there is no legal right not to be born.1

The Alabama Supreme Court in Elliott v. Brown, Ala., 361 So.2d 546, 548 (1978) stated:

“ * * * Fundamental to the recognition of such a cause of action [wrongful life] is the notion that the defendant has violat[290]*290ed some legal right of plaintiff’s and as a result she has suffered injury. * * *
“We hold that there is no legal right not to be born and the plaintiff has no cause of action for ‘wrongful life.’ ”

The few courts which have acknowledged a cause of action for wrongful life have done so only for impaired children, and then usually because there was a causal connection between the alleged negligence and the impairment. See Park v. Chessin, 60 A.D.2d 80, 400 N.Y.S.2d 110 (1977), modified to allow a cause of action only for “wrongful birth” in 46 N.Y.2d 401, 386 N.E.2d 807, 413 N.Y.S.2d 895 (1978). In Turpin v. Sortini, 31 Cal.3d 220, 182 Cal.Rptr. 337, 643 P.2d 954 (1982), the question was whether a child born with a hereditary affliction could maintain a tort action against a physician who negligently failed to advise the child’s parents before the child’s conception of the possibility of the hereditary condition, thereby depriving them of the opportunity to choose not to conceive the child.

The California Supreme Court stated: “In sum, we conclude that while a plaintiff-child in a wrongful life action may not recover general damages for being born impaired as opposed to not being born at all, the child — like his or her parents — may recover special damages for the extraordinary expenses necessary to treat the hereditary ailment.”

We know of no cases recognizing a “wrongful life” cause of action under the circumstances of this case. The district judge was correct in dismissing the wrongful life claims.

II

The principal issue in this case is whether the parents have a cause of action in their own right for “wrongful birth” against ap-pellees, assuming that fault on appellees’ part led to the birth of an unplanned, yet normal and healthy child.

Appellants seek damages against appel-lees as follows:

“1. For actual expenses to be incurred in the future which have been occasioned by the birth of minor children in question including medical and hospital care during delivery, actual costs of raising such children including medical expenses, expenses for general care and maintenance and other similar expenses.
“2. For the reasonable value of the mental anguish sustained by appellants by reason of wrongful conduct of appellees including interference with the lifestyle decisions made by appellants and for the emotional distress occasioned by changes in the future plans of the appellants and in the case of the appellants who have had abortions the reasonable value of such emotional distress.
“3. For punitive damages against Dr. Wierdsma in a reasonable sum.
“4. For such other and further relief as the court deems proper in the premises together with appellants’ costs incurred herein.”

Courts which have considered “wrongful birth” cases have reached four different positions concerning damages when a normal, healthy child is born. Because this is a relatively new area of medical malpractice law, we will discuss each of these four positions on damages.

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Bluebook (online)
650 P.2d 288, 1982 Wyo. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beardsley-v-wierdsma-wyo-1982.