Payne by and Through Payne v. Myers

HOWE, Justice:

Plaintiffs John M. Payne and Stephanie Payne (hereinafter “parents”) brought this medical malpractice action seeking damages for “wrongful birth” 1 against Drs. Garth G. Myers and Joseph P. Kesler (“doctors”) and their employer, the State of Utah Handicapped Children’s Service, and the Division of Health of the State of Utah (“State defendants”). John M. Payne on behalf of Michael P. Payne (“minor plaintiff”) joined in the action against the doctors and the State defendants, seeking damages for “wrongful life.” 2

FACTS

In 1975, the parents gave birth to their first child, Matthew.…