Stewart v. Rudner

Mrs. Stewart, plaintiff herein, had conceived. Though she was a relatively young woman, at least in comparison with her husband, who was 63 .(she was only 37), she was disturbed and apprehensive that she might not be able to have the child. She had had 2 previous stillbirths and she was convinced that she could not normally deliver. As she put it, “I know I couldn’t go through normal.” Yet more than anything else, she testified, she “wanted a sound, healthy baby.”

A solution, however, suggested itself to the couple. They would have the baby delivered by a Caesarean section, * thus avoiding…