HUDAK v. GEORGY


390 Pa.Super. 14 (1989)

567 A.2d 1095

Michael J. HUDAK, Ann H. Hudak, Joseph Hudak, Deceased, David Hudak, Deceased and Michael Hudak, Deceased, Appellants, v. Farouk M. GEORGY, M.D., and Lyon, Cooper, Hipple, Georgy and Collins, P.C., Appellees. Michael J. HUDAK, Ann H. Hudak, Joseph Hudak, Deceased, David Hudak, Deceased and Michael Hudak, Deceased, Appellants, v. Leonard COLLINS, M.D., Appellee.

Supreme Court of Pennsylvania.

Filed December 13, 1989.

Petition for Allowance of Appeal Granted May 8, 1990.


Attorney(s) appearing for the Case

Roberta D. Pichini, Philadelphia, for appellants.

Dennis Bonetti, Harrisburg, for appellees.

Before CIRILLO, President Judge, and BECK and JOHNSON, JJ.


PER CURIAM:

This case presents a single issue never before addressed by a Pennsylvania court. The issue is whether a Wrongful Death and Survival action will lie on behalf of a fetus which, although allegedly born alive, was concededly not viable at the time of birth. We hold that nothing in the law of Pennsylvania suggests that such a cause of action exists and we decline to create it on the ground that to do so would be to overstep the proper boundaries of the judicial...

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