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MILLER v. JOHNSON

Record Nos. 822020, 841536.

343 S.E.2d 301 (1986)

Donald MILLER, M.D. v. Laura JOHNSON. FUNG MAI HWANG v. Gerald J. RUTH, M.D., et al.

Supreme Court of Virginia.

April 25, 1986.

Attorney(s) appearing for the Case

Robert A. Rapaport (H.H. Hunter Clarke, Harlan, Knight, Dudley & Pincus, Norfolk, on briefs), for appellant Miller.

William L. Perkins, III (Michael Wayne Price, Price & Perkins, Norfolk, on brief), for appellee Johnson.

John B. Spiers, Jr. (Spiers & Spiers, Radford, on brief), for appellant Hwang.

L. Thompson Hanes (George W. Wooten, Woodward, Fox, Wooten & Hart, P.C., Roanoke, on brief), for appellees Ruth, et al.

Present: All the Justices.

COCHRAN, Justice.

The appeal in each of these cases arises from an action by a mother against a physician for damages from what has been characterized as "wrongful pregnancy." In each case, the mother sought an abortion, the abortion failed, and subsequently a child was born. In each case, the mother sought to recover damages related to the unsuccessful abortion, the continuing pregnancy, and the childbirth and, in addition, the costs of rearing the child to majority...

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