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TILLMAN v. GOODPASTURE

No. 117,439.

485 P.3d 656 (2021)

Alysia R. TILLMAN and Storm Fleetwood, Appellants, v. Katherine A. GOODPASTURE, D.O., Appellee. Office of Attorney General Derek Schmidt, Intervenor.

Supreme Court of Kansas.

Opinion filed April 30, 2021.

Attorney(s) appearing for the Case

Lynn R. Johnson , of Shamberg, Johnson & Bergman, Chtd., of Kansas City, Missouri, argued the cause, and David R. Morantz , Ashley E. Billam , and Paige L. McCreary , of the same firm, and Stanley R. Ausemus , of Stanley R. Ausemus, Chartered, of Emporia, were with him on the briefs for appellants.

Jacob E. Peterson , of Clark, Mize & Linville, Chartered, of Salina, argued the cause, and Dustin J. Denning , of the same firm, was with him on the briefs for appellee.

Brant M. Laue , deputy solicitor general, argued the cause, and Dwight R. Carswell , assistant solicitor general, Bryan C. Clark , assistant solicitor general, Toby Crouse , solicitor general, Jeffrey A. Chanay , chief deputy attorney general, and Derek Schmidt , attorney general, were with him on the briefs for intervenor.

This case considers the constitutional validity of a statute abolishing a medical malpractice claim commonly known as a "wrongful birth" action. See K.S.A. 2020 Supp. 60-1906(a) (abolishing the claim), (d)(2) (defining the claim). The plaintiff parents allege their prenatal doctor negligently...

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