Flickinger v. Wanczyk

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Plaintiffs in this action seek damages for the wrongful birth/life of the minor plaintiff, Sara Mae Flickinger, who was bom suffering from spinabifida. In addition, plaintiffs seek damages under 42 U.S.C.A. § 1983 for the deprivation of their right under Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), to make a timely and informed decision as to whether to terminate the pregnancy. We have jurisdiction pursuant to 28 U.S.C. § 1331. On May 14, 1993 we denied defendants SmithKline Beecham Clinical Laboratories, Inc. and SmithKline…