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Remedies Keyed to Kovacic-Fleischer, 8th
Larsen v. Banner Health System
Citation:
81 P.3d 196 (2003)Facts
On April 8, 1958, at Campbell County Memorial Hospital, Jean Morgan gave birth to Debra at 3:07 a.m., and shortly thereafter Polly Leyva gave birth to Shirley. Hospital staff switched the babies while the mothers were unconscious, and when they regained consciousness, each mother took home the other’s biological child. Shirley Morgan grew up with a darker complexion than her siblings, leading James Morgan to openly assert she was not his child, resulting in ostracism and mistreatment. DNA testing in 2001 confirmed James Morgan was not Shirley’s father, and subsequent testing revealed Jean Morgan was not her mother either. Shirley located her biological mother, Polly Leyva, and they were reunited after forty-three years of separation. The plaintiffs brought a negligence claim against Banner Health System alleging only emotional damages including great emotional pain, humiliation, anxiety, grief, and expenses for psychological counseling.
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