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NACCASH v. BURGER

Record No. 791548.

290 S.E.2d 825 (1982)

Edmund P. NACCASH, M.D. v. Joseph BURGER, et al.

Supreme Court of Virginia.

April 30, 1982.

Attorney(s) appearing for the Case

John F. Gionfriddo, Vienna, for appellant.

Haynie S. Trotter, Fairfax (Terrence Ney, Fairfax, Harold P. Green, Jonathan L. Kempner, Washington, D. C., Boothe, Prichard & Dudley, Fairfax, Fried, Frank, Harris, Shriver & Kampelman, Washington, D. C., on brief), for appellees.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON and STEPHENSON, JJ.

CARRICO, Chief Justice.

The determinative question presented by this appeal is whether a cause of action exists in favor of parents for the so-called "wrongful birth" of a child. The question arose in the context of a motion for judgment filed in the trial court by Joseph Burger and Trudy Burger against Edmund P. Naccash, M.D., and certain other health care providers. The motion alleged that the defendants had negligently failed to discover that the fetus carried...

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