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2292, 2318 (2016) (striking down Texas laws regulating abortion clinics that imposed undue burdens on the women's right to choose to terminate pregnancy). Because paternity fraud fit within traditional notions of common law fraud and was not “contrary to a law or policy expressed by the general assembly,” we determined the father could maintain the claim. Whether a wrongful-birth claim is consistent with traditional concepts of common law.
“We ․ view the record in the light most favorable to the nonmoving party and will grant that party all reasonable inferences that can be drawn from the record.” Baldi, 880 N.
W.2d 282, 286 (Iowa 2011)).“The moving party has the burden of showing the nonexistence” of a genuine issue of material fact.
Thompson of Simmons, Perrine, Moyer, Bergman, PLC, Cedar Rapids, for appellees Pil Kang, John Paiva, and Davis Radiology, P. This appeal presents a question of first impression under Iowa law: whether the parents of a child born with severe disabilities may bring a medical negligence action based on the physicians' failure to inform them of prenatal test results showing a congenital defect that would have led them to terminate the pregnancy. Other jurisdictions are divided as to the parents' right to sue, with most states recognizing such claims. The parents in this Iowa action allege the prenatal doctors failed to inform them of abnormalities noted during an ultrasound. On July 31, 2013, Pamela filed this lawsuit against FMCH, the Women's Center, Fort Madison Physicians and Surgeons, Davis Radiology, P. As a result of this negligent care, Pamela gave birth to Z. If she had been informed of the abnormalities prior to birth, she “would have terminated her pregnancy.” The petition sought damages for (1) the cost of past, present, and future extraordinary care required for Z. as a result of his disabilities; (2) the cost of ordinary care raising the child; (3) Pamela's mental anguish; and (4) Pamela's loss of income. P.] and get[s] a lot of happiness from him.”On September 11, the defendants filed a motion for summary judgment. Plowman [been] informed of her unborn child's potential brain abnormality, Mrs.
For the reasons explained below, we join the majority of courts to allow parents to sue for the wrongful birth of a severely disabled child. About two months after birth, Pamela began to have concerns about Z. She noticed he “had bicycle movements, smacking of the tongue. The court expressly declined to recognize a new cause of action for wrongful birth, stating a decision to do so was more properly left “to the legislature or the Supreme Court.” Plaintiffs appealed, and we retained the case. Standard of Review.“We review a district court ruling granting a motion for summary judgment for correction of errors at law.” Estate of Gray ex rel.
The parents allege they would have chosen to terminate the pregnancy if they had been informed of what the ultrasound allegedly showed. was diagnosed with small corpus callosum, which plaintiffs contend relates to the head circumference as shown in the ultrasound. He requires frequent visits to numerous doctors in Iowa City and Keokuk. The radiologists also alleged plaintiffs could not prove causation because Z. Defendants argued that a cause of action for wrongful birth had not been recognized in Iowa; therefore, plaintiffs' claims should be dismissed.
C., Cedar Rapids, for appellees Fort Madison Community Hospital, Leah Steffensmeier, The Women's Center, and Fort Madison Physicians and Surgeons. We previously held parents have no right to sue for wrongful pregnancy based on a medical mistake that led to the birth of a “normal, healthy child.” Nanke v. Their child was born with severe cognitive defects and remains unable to speak or walk at age five. suffers from cerebral palsy, microcephaly, intellectual disability, cortical visual impairment, and seizure disorder. Jeremy filed a separate action, mirroring Pamela's claims. P.; rather, the parents sue for their own individual injuries and costs attributable to Z. The defendants filed answers denying negligence and asserting the petitions failed to state a claim upon which relief could be granted. The motion stated, Plaintiffs do not assert that Defendants' care and treatment caused [Z. Plowman would have terminated her pregnancy and Plaintiff's injuries would have been avoided.” This is a wrongful birth claim. “Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Barker v. W.2d 157, 161 (Iowa 2016) (quoting Amish Connection, Inc.
On January 18, 2011, Pamela began seeing Leah Steffensmeier, a physician specializing in obstetrics and gynecology, for her prenatal care at the Fort Madison Community Hospital (FMCH). John Paiva, another radiologist at that clinic, reviewed and signed the report. Recommend follow-up to document normal appearance.2) Single, live intrauterine pregnancy consistent with 22 weeks 3 days by today's scan.3) Slightly low head circumference to abnormal circumference ratio without definite etiology.
On April 25, approximately twenty-two weeks into her pregnancy, Pamela underwent an ultrasound at FMCH to assess fetal growth. Pil Kang, a radiologist employed by Davis Radiology, P.
We held the parents could not recover, noting “a parent cannot be said to have been damaged or injured by the birth and rearing of a normal, healthy child because the invaluable benefits of parenthood outweigh the mere monetary burdens as a matter of law.” Id. Nanke is distinguishable, as we expressly limited its holding to deny recovery for the costs of raising a “normal, healthy” child: Our ruling today is limited to the unique facts of this case and the narrow issue presented. We now address the separate question of whether parents of a child born with severe disabilities can sue for wrongful birth.
141, 164–67 (2005) (contrasting wrongful-birth and wrongful-life actions); Mark Strasser, Yes, Virginia, There Can Be Wrongful Life: On Consistency, Public Policy, and the Birth-Related Torts, 4 Geo. In Nanke, we addressed whether parents could recover for wrongful pregnancy in Iowa after a failed abortion procedure led to the birth of a healthy child. W.2d at 521 (“[T]he factual situation involved in this case would more accurately be depicted as a claim for ‘wrongful pregnancy.’ ”).