James G. v. Caserta

MILLER, Chief Justice:

These two cases have been consolidated for purposes of this opinion as they involve interrelated issues dealing with the rights of parents and their children to recover damages against health care providers for what are commonly called wrongful pregnancy, wrongful birth, and wrongful life causes of action. 1

The first case comes by way of certified questions from a federal district court and involves parents seeking to recover damages resulting from an alleged negligently performed tubal ligation. The wife subsequently became pregnant and delivered a healthy child. In the…