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ROBAK v. UNITED STATES

Nos. 81-1038, 81-1099.

658 F.2d 471 (1981)

Robert ROBAK and Anna Robak, Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1981.

As Corrected August 25, 1981.

Rehearing Denied November 17, 1981.

Attorney(s) appearing for the Case

Richard S. Fleisher, Karlin & Fleisher, Chicago, Ill., for plaintiffs-appellees, cross-appellants.

Martin B. Lowery, Asst. U. S. Atty., Chicago, Ill., for defendant-appellant, cross-appellee.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and GRANT, Senior District Judge.

SWYGERT, Senior Circuit Judge.

This appeal presents a question that has never been decided by a federal court of appeals: whether a cause of action exists for wrongful birth. We hold that it does and affirm the judgment of the district court, which awarded damages to the parents of a child born with defects after a doctor had failed to inform the pregnant mother she had rubella. We reverse the judgment of the district court...

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