Schroeder v. Perkel

The majority implicitly clings to the rule that there is no cause of action for “wrongful life,” but its reasoning completely undercuts the rule’s raison d’etre. It accepts the thesis that the infant has no cause of action based on whether he or she should not have been born. It accepts the public policy that the child’s existence outweighs any discomfort the parents might endure in rearing and caring for the child. The consequence of adopting these propositions is that the, parents can have no claim for medical expenses unless they are injured in their own right. Conversely, once the parents…