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BURKE v. RIVO

406 Mass. 764 (1990)

551 N.E.2d 1

CAROLE BURKE & another vs. ELLIOT RIVO.

Supreme Judicial Court of Massachusetts, Middlesex.

March 1, 1990.

Attorney(s) appearing for the Case

Nancy L. Dreher (Allan Green with her) for the plaintiffs.

John V. Woodard for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

A judge in the Superior Court reported to the Appeals Court pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), the question of the proper measure of damages recoverable by the parents of a normal, healthy child who was conceived and born (1) following the defendant physician's alleged negligent performance of a sterilization procedure on the mother, and (2) following the physician's alleged guarantee that...

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