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JOHN v. DE VIVO

10896, 805256/17.

179 A.D.3d 597 (2020)

117 N.Y.S.3d 230

2020 NY Slip Op 00542

Stanley John et al., Appellants, v. Darryl C. De Vivo, M.D., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2020.

To the extent the complaint alleges that if plaintiffs had known that their subsequent children would be afflicted with the same condition as the infant A.J., they would not have conceived A.D.J. or would have had A.D.J. genetically screened for abnormalities before he was carried to term, it fails to state a cause of action on behalf of A.D.J. because an impaired infant has no claim for wrongful life or wrongful birth (Alquijay...

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