Parents suing for the wrongful birth of healthy babies have recovered diverse damage awards in the courts. The author examines the various damage awards and underlying rationales, and argues that the benefits rule, which offsets the damage recovered for negligently inflicted harm by benefits perceived to flow from such conduct, is inaccurately applied when emotional benefits are weighed against monetary costs. The author concludes that parents should recover all of their proven damages, including child raising expenses.
Deborah M. Lux,
Damages for the Wrongful Birth of Healthy Babies,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol21/iss3/4