SIMMONS v. WEST COVINA MEDICAL CLINIC

Docket No. B035667.

212 Cal.App.3d 696 (1989)

260 Cal. Rptr. 772

BRENNAN SIMMONS, a Minor, etc., et al., Plaintiffs and Appellants, v. WEST COVINA MEDICAL CLINIC et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

July 27, 1989.


Attorney(s) appearing for the Case

COUNSEL

Adel & Pollack and Nancy P. Adel for Plaintiffs and Appellants.

Ian Herzog, Richard D. Aldrich, Leonard Sacks, Harvey R. Levine, Gary Gwilliam, Robert Steinberg, Douglas DeVries, Sanford Gage, Bruce Broillett and Roland Wrinkle as Amici Curiae on behalf of Plaintiffs and Appellants.

Hagenbaugh & Murphy, Mary E. Porter and John R. Lisenbery for Defendants and Respondents.

Horvitz & Levy, Ellis J. Horvitz, David M. Axelrad, Barry R. Levy and M. Reed Hunter as Amici Curiae on behalf of Defendants and Respondents.


OPINION

ORTEGA, J.

In this case, we conclude plaintiffs mother and child have failed to establish their respective causes of action for wrongful birth and wrongful life. Even if the defendant physician had provided the expectant mother with a certain genetic test, the test's 20 percent probability of detecting the risk of Down's Syndrome falls far short of the requisite reasonable medical probability standard of causation. We affirm...

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