Kara and Brian have been married for five years and do not desire to have children. As a result, Brian undergoes a vasectomy on January 5, 2010, which is completed by Dr. James. Much to Kara and Brian’s surprise, Kara discovers that she is pregnant in April of 2011 with a little girl. The two are initially quite surprised, but soon become excited about their new little one.
Kara finds an OBGYN named Dr. Morgan. She takes prenatal vitamins and has a wonderful pregnancy. All genetic testing and routine sonograms look excellent throughout the pregnancy. When Kara and Brian’s daughter, Lisa is born, they discover that she has an extremely severe heart defect that would have easily been seen on a sonogram. Because of the heart defect, Lisa will require many surgeries, hospital stays and medications throughout her young life to repair the defect as she grows. Her quality of life will be poor until and unless the defect can be resolved. There is no guarantee from her physicians that a repair will be possible.
Kara and Brain are devastated. Brian wants to sue Dr. James for negligent sterilization and wrongful conception. Kara wants to sue Dr. Morgan for both wrongful birth and wrongful life.
Will Brian be successful in his claims against Dr. James? Will Kara be successful in her claims against Dr. Morgan?
If Lisa had been born perfectly healthy, could Brian still bring any successful claims against Dr. James? Why or why not?
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