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FLAX v. McNEW

No. 10-94-209-CV.

896 S.W.2d 839 (1995)

Sarah Paldo FLAX, Appellant, v. Dr. J.T.L. McNEW and Humana of Texas, Inc., d/b/a Humana Day Surgery-Bryan, Appellees.

Court of Appeals of Texas, Waco.

April 12, 1995.

Attorney(s) appearing for the Case

John Alan Goren, Dallas, Sabrina E. Moss, Sabrina E. Moss & Associates, P.C., Irving, for appellant.

J. Preston Wrotenbery & Kevin D. Jewell, Hirsch, Robinson, Sheiness & Glover, P.C., Michael Connelly, Solace H. Kirkland & Laura J. Ware, Major, Day, Caldwell & Keeton, L.L.P., Houston, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

We must decide what types of damages, if any, are recoverable when a "wrongful pregnancy" results from medical negligence in performing a sterilization procedure. Texas courts recognize a claim for "wrongful birth" when a child with birth defects is born as a result of medical negligence; they do not, however, allow parents to recover the financial expenses for education and maintenance that result from the birth of a normal, healthy...

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