Legal Opinion

Nell v. Froedtert & Community Health, West Bend Clinic, Inc.

Court of Appeals of Wisconsin

Decided January 30, 2013No. 2012AP1556PublishedCited by 1 opinion

1Opinion of the CourtNeubauer, P.J.

¶ 1. Here, we affirm the circuit court's conclusion that public policy precludes recovery of the costs of raising a healthy child as damages for the negligent provision of prenatal vitamins when birth control pills were prescribed. The circuit court granted summary judgment to Froedtert & Community Health, West Bend Clinic, Inc. on Shelby Nell and Austin Omernick's (collectively Nell) complaint against the Clinic, concluding that Nell's suit was barred on public policy grounds. We affirm in part, reverse in part, and remand for further proceedings regarding the mother's claimed personal…

2Cases cited4 opinions

  1. Rieck v. Medical Protective Co.Wisconsin Supreme Court · 1974
  2. Troppi v. ScarfMichigan Court of Appeals · 1971
  3. Marciniak v. LundborgWisconsin Supreme Court · 1990
  4. Flint v. O'CONNELLCourt of Appeals of Wisconsin · 2002

3Cited by1 opinion

  1. Milwaukee Transport Services., Inc. v. Family Dollar Stores of Wisconsin, Inc.Court of Appeals of Wisconsin · 2013

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