Legal Opinion
Simms ex rel. Jantuah v. United States
District Court, S.D. West Virginia
Decided May 29, 2015No. Civil Action No. 3:11-0932PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS., Chief Judge.
Plaintiff Misty Simms brought this action for wrongful birth against the United States of America.1 The Court granted *564partial summary judgment to Plaintiff, finding that Defendant breached its duty of care but reserving the issues of causation and damages. The remaining issues in the action were then tried to the Court on January 27 through 30, 2015. Based on the findings made herein, the Court FINDS in favor of Plaintiff and awards damages in the total amount of $12,116,165.
I. CAUSE OF ACTION FOR WRONGFUL BIRTH
The parent(s) of a…
2Cases cited11 opinions
- Harris v. McRaeSupreme Court of the United States · 1980
- Molzof v. United StatesSupreme Court of the United States · 1992
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- Felder v. United StatesCourt of Appeals for the Ninth Circuit · 1976
- Crum v. WardWest Virginia Supreme Court · 1961
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3Cited by1 opinion
- Simms Ex Rel. C.J. v. United StatesCourt of Appeals for the Fourth Circuit · 2016