Phillips v. United States

ORDER

BLATT, District Judge.

This matter is before the court on defendant’s motion for summary judgment pursuant to Rule 12(b) and Rule 56(b) of the Federal Rules of Civil Procedure. The action was brought under the Federal Tort Claims Act, and jurisdiction is predicated on 28 U.S.C. § 1346(b). Defendant’s motion asserts, inter alia, that any failure by defendant’s employees in advising, counseling, and testing plaintiff Kathleen Phillips during her pregnancy concerning the risks of Down’s Syndrome would not constitute actionable negligence; that an allegation of “wrongful birth” 1 does not…