Legal Opinion

Rivera v. State

New York Court of Claims

Decided April 4, 1978No. Claim No. 61057PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

On April 24, 1975 claimant, Victoria Rivera, underwent a surgical procedure at Downstate Medical Center for the purpose of rendering her sterile. The operation, known as a tubal ligation, proved to be unsuccessful. Mrs. Rivera became pregnant in September, 1976 and subsequently gave birth to a healthy, albeit unwanted, child. In the present claim, Mrs. Rivera and her husband seek damages for medical expenses and pain and suffering incident to the pregnancy, as well as for the anticipated cost of raising the child. Liability is predicated on the…

2Cases cited19 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Meyer v. NebraskaSupreme Court of the United States · 1923
  3. West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
  4. Murdock v. PennsylvaniaSupreme Court of the United States · 1943
  5. Poe v. UllmanSupreme Court of the United States · 1961

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3Cited by12 opinions

  1. Jones v. MalinowskiCourt of Appeals of Maryland · 1984
  2. Fassoulas v. RameySupreme Court of Florida · 1984
  3. Public Health Trust v. BrownDistrict Court of Appeal of Florida · 1980
  4. O'Toole v. GreenbergNew York Court of Appeals · 1985
  5. Hartke v. McKelwayDistrict Court, District of Columbia · 1981

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