Torts Keyed to Prosser
Procanik by Procanik v. Cillo
Facts
During the first trimester of Mrs. Procanik’s pregnancy with the Plaintiff, she consulted the Defendants who informed her that she had been recently been diagnosed with measles. He ordered a test for German measles and the resulted were indicative of a past infection of Rubella. The Defendants negligently interpreted these results and told Mrs. Procanik that she had become immune to German Measles as a child. Actually, the past infection disclosed by the test was the German Measles that caused Mrs. Procanik to consult Defendants. Mrs. Procanik allowed her pregnancy to continue, not realizing that an accurate diagnosis of German Measles during pregnancy was likely to result in congenital rubella syndrome for her unborn child. Plaintiff was born with multiple birth defects. Plaintiff brought suit, claiming that the doctors negligently deprived his parents of the choice of terminating the pregnancy. He requested general damages for his pain and suffering and for his parents’ impa ired capacity to cope with his problems. Plaintiff also seeks special damages for the extraordinary expenses he will incur due to his condition. The Law Division granted Defendants’ motion to dismiss, and the Appellate Division affirmed. The Supreme Court of New Jersey granted certification.
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