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MARCINIAK v. LUNDBORG

No. 88-0088.

147 Wis.2d 556 (1988)

433 N.W.2d 617

Douglas M. MARCINIAK and Paula J. Marciniak, Plaintiffs-Respondents. v. Gary T. LUNDBORG, M.D., Erick Y. Hakanson, M.D., Ramsey Clinic Associates, P.A., Apple River Valley Memorial Hospital, Inc., and Wisconsin Patients Compensation Fund, Defendants. Appellants.

Court of Appeals of Wisconsin.

Decided November 15, 1988.

Attorney(s) appearing for the Case

For appellants there were briefs by Thomas J. Niemiec and Lommen, Nelson, Cole & Stageberg, P.A., Hudson.

For respondents there was a brief by Ardell W. Skow and Lila M. Hambleton and Doar, Drill & Skow, S.C., Baldwin.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The defendants appeal a decision holding that the parents of a child have a cause of action against the physician, hospital, and clinic based upon negligent sterilization thus allowing recovery for child rearing costs less any benefit from the aid, comfort, and society that the child's presence provides.1 We conclude that recovery is barred by the holding in Rieck v. Medical Prot. Co., 64 Wis.2d 514...

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