Justice v. Booth Maternity Center

My distinguished colleagues of the majority have quite accurately set forth in their thoughtful opinion the law as it currently exists in this Commonwealth. I am compelled, however, to formally express disagreement with the presently prevailing view that the heirs and estate of a stillborn child may not bring a cause of action under the Wrongful Death Act1 and the Survival Act2.

*536It was almost a half century ago that our Supreme Court ruled in Berlin v. J.C. Penney Co., 339 Pa. 547, 16 A.2d 28 (1940), that an action would not lie for injuries negligently inflicted upon a child when in the womb.…