Gallagher v. Duke University

BUTZNER, Senior Circuit Judge:

Duke University and Dr. George H. Mickey appeal the district court’s judgment entered on the verdict of a jury awarding damages to John and Kimberly Gallagher for failure to detect a genetic abnormality resulting in the birth of a daughter who suffers severe physical and mental defects. The Gallaghers cross appeal, assigning error to the district court’s refusal to measure damages by the life expectancy of their daughter, Lisa. They also appeal the district court’s denial of their claim for emotional distress.1

Jurisdiction is founded on diversity of citizenship,…