Articles Posted in Oklahoma Supreme Court

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In 2009, Brian and Patricia Shull filed a medical malpractice action against Respondents Monica Reid, Andrew Elimian, Andrew Wagner, Eric Knudston and the OU Medical Center, alleging that doctors failed to properly diagnose a cytomegalovirus infection that adversely impacted Mrs. Shull's pregnancy. Respondents moved for partial summary judgment, contending that the Shulls could only recover damages related to the medical cost of continuing the pregnancy offset by the cost of terminating the pregnancy. The district court found the issue was one of first impression, and that it lacked guidance because there were no published Supreme Court opinions addressing the damages available to parents of an unhealthy, abnormal child who brought claims for wrongful birth and medical malpractice. Upon review, the Supreme Court held that in a wrongful birth action alleging malpractice, the measure of damages allowable is the extraordinary medical expenses and other pecuniary losses proximately caused by the negligence, and not the normal and foreseeable costs of raising a normal, healthy child until it reaches the age of majority. Parents cannot recover for emotional distress or loss of consortium. The Court remanded the case back to the trial court for further proceedings. View "Shull v. Reid" on Justia Law