C.S. v. Nielson

HALL, Chief Justice:

The United States District Court for the District of Utah certified two questions of law to this Court under rule 41 of our Court rules.1 The parties to the pending federal court action have submitted briefs setting forth their positions on these certified questions:

1. Does a claim for “wrongful pregnancy” resulting in the birth of a normal, healthy child as a result «f an unsuccessful sterilization procedure performed by a physician give rise to a tort claim for damages under the laws of the State of Utah?

2. In the event a tort claim for “wrongful pregnancy” is recognized…