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VANVOOREN v. ASTIN

No. 30628.

111 P.3d 125 (2005)

141 Idaho 440

Rick and Danika VANVOOREN, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. Marc T. ASTIN, M.D.; E. Monte Crandall, M.D.; Magic Valley Women's Health, P.C., Defendants-Respondents, and Donald E. Smith, M.D., Defendant-Respondent-Cross Appellant, and Darren W. Coleman, M.D.; Twin Falls Magic Valley Regional Medical Center; and John Does I through X, Defendants.

Supreme Court of Idaho, Boise, March 2005 Term.

March 30, 2005.

Attorney(s) appearing for the Case

White Peterson, P.A., Nampa, for appellants. John R. Kormanik argued.

Tolman Law Office, P.C., Twin Falls, for respondent, cross-appellant. Jennifer Kauth Brizee argued.

JONES, Justice.

Rick and Danika VanVooren appeal from the district court's order granting summary judgment in favor of the respondent health care providers. The court held that I.C. § 5-334, which prohibits wrongful birth claims, barred the VanVoorens' claim for negligent infliction of emotional distress. Dr. Smith, one of the providers, cross-appealed, arguing the district court abused its discretion in denying his request for attorney

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