McCaskill v. Philadelphia Housing Authority

JOHNSON, Judge:

Theresa McCaskill appeals the grant of preliminary objections in the nature of a demurrer in favor of the Philadelphia Housing Authority (PHA). We affirm.

McCaskill asserts two issues for our review: (1) whether a wrongful death and survival action can be maintained on behalf of a fetus which spontaneously aborted at seventeen weeks of gestational age and (2) whether an action for loss of consortium can be maintained by McCaskill, as a parent, for the loss of the fetus. We hold that no cause of action exists under the law of this Commonwealth which permits recovery under the…