SIMMERER v. DABBAS

No. 99-1570.

89 Ohio St.3d 586 (2000)

SIMMERER ET AL., APPELLANTS, v. DABBAS, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided September 6, 2000.


Attorney(s) appearing for the Case

Perantinides & Nolan Co., L.P.A., Paul G. Perantinides and Christopher L. Parker, for appellants.

Weston Hurd Fallon Paisley & Howley L.L.P., Mark O'Neill and Gary A. Vick, for appellee.


COOK, J.

The question raised by this case is whether damages associated with parenting a child born with a birth defect are recoverable in a wrongful pregnancy action stemming from a negligently performed sterilization procedure, when the doctor who performed the unsuccessful sterilization procedure could not have reasonably foreseen the birth defect. We hold that they are not.

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