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SANTOS v. KIM

429 Mass. 130 (1999)

DEBRA A. SANTOS, administratrix, & another v. IL KIM & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 4, 1999.

Attorney(s) appearing for the Case

David P. Dwork (Kevin P. Scanlon with him) for the plaintiffs.

Teresa J. Farris for Marvin Adner.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

FRIED, J.

The plaintiffs are the parents of a child born with severe brain damage who died one day after delivery by Caesarian section. The mother (plaintiff) sues on her own behalf and as administratrix of her child's estate. During a previous pregnancy, the mother was found to be Rh negative, a blood condition which, if not promptly treated, can lead to severe fetal damage and death to the child. For this reason, those...

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