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WILLIS v. WU

No. 25915.

362 S.C. 146 (2004)

607 S.E.2d 63

Jennie WILLIS, as guardian ad litem for Thomas Willis, a minor under the age of fourteen years, Appellant, v. Donald S. WU, M.D., and Donald S. Wu., M.D., P.A., Respondents.

Supreme Court of South Carolina.

Decided December 20, 2004.

Attorney(s) appearing for the Case

O. Fayrell Furr, Jr. and Karolan F. Ohanesian, both of Furr, Henshaw & Ohanesian, of Myrtle Beach, and Glenn V. Ohanesian of Ohanesian & Ohanesian, of Myrtle Beach, for Appellant.

Stephen Brown, John Hamilton Smith, and D. Jay Davis, Jr., all of Young, Clement, Rivers & Tisdale, of Charleston, for Respondents.

Justice BURNETT:

In this appeal, we are asked to decide the novel issue of whether South Carolina will recognize a common law cause of action for "wrongful life" brought by or on behalf of a child born with severe congenital defects. This case was certified for review from the Court of Appeals pursuant to Rule 204(b), SCACR. We decline to recognize such a cause of action.

FACTUAL AND PROCEDURAL BACKGROUND

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