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PAYNE BY AND THROUGH PAYNE v. MYERS

No. 19218.

743 P.2d 186 (1987)

Michael Patrick PAYNE, By and Through his Guardian ad Litem, John Michael PAYNE; John Michael Payne; and Stephanie Payne, Plaintiffs and Appellants, v. Garth G. MYERS, M.D.; Joseph P. Kesler, M.D.; the State of Utah and Handicapped Children's Service; and the Division of Health of the State of Utah, Defendants and Respondents.

Supreme Court of Utah.

August 18, 1987.

Attorney(s) appearing for the Case

Stuart H. Schultz, R. Scott Williams, Salt Lake City, for plaintiffs and appellants.

Arthur H. Nielsen, William C. Quigley, Gary B. Ferguson, Gary D. Stott, Salt Lake City, for Garth G. Myers, M.D.

Francis J. Carney, Stewart M. Hanson, Jr., Stephen J. Sorenson, Salt Lake City, for Joseph P. Kesler, M.D.

Craig L. Barlow, David L. Wilkinson, Salt Lake City, for the State of Utah.

HOWE, Justice:

Plaintiffs John M. Payne and Stephanie Payne (hereinafter "parents") brought this medical malpractice action seeking damages for "wrongful birth"1 against Drs. Garth G. Myers and Joseph P. Kesler ("doctors") and their employer, the State of Utah Handicapped Children's Service, and the Division of Health of the State of Utah ("State defendants"). John M. Payne on behalf of Michael P. Payne ("minor plaintiff") joined in the...

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