Straight from my casebook: Infant plaintiff alleges he is born with congential rubella syndrome and doctors negligently deprived his parents of the choice of terminating the pregnancy. He seeks damages for pain and suffering and for his parents impaired capacity to cope with his problems.
Yes… the doctor negligently misdiagnosed the mother. Yes the doctor should pay up the nose. But… A baby suing because his parents didnt abort him?? *oy*
It sounds unbelievable but it’s true and not that uncommon. The action is wrongful life. The case I quoted from is: Procanik v. Cillo, 97 NJ 339 and here is a link with some articles of recent such cases.