FRUITERMAN v. GRANATA

Record Nos. 071894, 071897.

668 S.E.2d 127 (2008)

Jan Paul FRUITERMAN, M.D., et al. v. Julie GRANATA Joseph Granata v. Jan Paul Fruiterman, M.D., et al.

Supreme Court of Virginia.

October 31, 2008.


Attorney(s) appearing for the Case

Robert H. Hovis III, Annandale, for Joseph and Julie Granata.

Thomas M. Wochok (Stephen L. Altman; Hamilton Altman Canale & Dillon, on brief), Fairfax, for Jan Paul Fruiterman, M.D., et al.

Amici Curiae: The Medical Society of Virginia (W. Scott Johnson; Gerald C. Canaan; Hancock, Daniel Johnson & Nagle, on brief), Glen Allen, in support of appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and CARRICO, S.J.


OPINION BY Justice CYNTHIA D. KINSER.

In these wrongful birth cases filed by the parents of twin daughters afflicted with Down syndrome, the circuit court sustained a jury verdict in favor of the mother. We will reverse that judgment because the evidence was insufficient as a matter of law to prove the element of proximate causation. With regard to the father's case, the circuit court granted a motion to strike the evidence because the father failed to prove a physician...

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