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Torts — wrongful birth — public policy

Wisconsin Court of Appeals


Torts — wrongful birth — public policy

Here, we affirm the circuit court’s conclusion that public policy precludes recovery of the costs of raising a healthy child as damages for the negligent provision of prenatal vitamins when birth control pills were prescribed. The circuit court granted summary judgment to Froedtert & Community Health, West Bend Clinic, Inc. on Shelby Nell and Austin Omernick’s (collectively Nell) complaint against the Clinic, concluding that Nell’s suit was barred on public policy grounds. We affirm in part, reverse in part, and remand for further proceedings regarding the mother’s claimed personal injury damages allegedly related to the Clinic’s negligence because these claims are not sufficiently developed for a public policy determination. Not recommended for publication in the official reports.

2012AP1556 Nell, et al. v. Froedtert & Community Health, et al.

Dist II, Washington County, Muehlbauer, J., Neubauer, P.J.

Attorneys: For Appellant: Keane, Kevin G., Pewaukee; For Respondent: Pliner, David J., Madison; Garza, Jesus G.Q., Madison

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