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HUMMEL v. REISS

247 N.J. Super. 502 (1991)

589 A.2d 1041

JUDY HUMMEL, AS GUARDIAN AD LITEM FOR KELLY HUMMEL, PLAINTIFF-APPELLANT, v. DR. NORMAN REISS, ST. MICHAEL'S HOSPITAL, JOHN DOES, M.D. 1-10, SAID NAMES BEING FICTITIOUS AND UNKNOWN, JOHN ROES, 1-10, SAID NAMES BEING FICTITIOUS AND JANE DOES, 1-10, SAID NAMES BEING FICTITIOUS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 1991.

Attorney(s) appearing for the Case

Bruce H. Nagel argued the cause for appellant (Nagel & Rice, attorneys).

Richard P. Maggi argued the cause for respondent, St. Michael's Hospital (McDermott & McGee, attorneys).

James R. Korn argued the cause for respondent, Norman Reiss, M.D. (McDonough, Korn & Eichhorn, attorneys).

Before Judges KING, LONG and R.S. COHEN.

The opinion of the court was delivered by KING, P.J.A.D.

This case presents a claim for damages for extraordinary expenses for "wrongful life" or "wrongful birth" where the plaintiff's delivery occurred before the historic decision in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). The plaintiff, Judy Hummel, claims that the defendants departed from acceptable medical standards "by refusing to provide ...

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