Lubowitz v. Albert Einstein Medical Center, Northern Division

BECK, Judge.

The issue is whether plaintiffs-appellants, Robyn and Jordan Lubowitz, stated a cause of action against defendantsappellees Albert Einstein Medical Center (the “Hospital”) and Dr. Martin Freedman for “fear of AIDS.” The trial court found they did not and granted appellees’ motion for summary judgment. We affirm.

In August 1985, appellants participated in the Hospital’s in vitro fertilization program. An egg was removed from Robyn Lubowitz and was placed with a sample of her husband’s sperm into a placental serum provided by an anonymous donor. 1 The embryo was then implanted, and…