Bruggeman Ex Rel. Bruggeman v. Schimke

The opinion of the court was delivered by

Miller, J.:

This is an action for, damages for “wrongful life,” brought by a three-year-old boy against a physician, Robert Neil Schimke; the State of Kansas; the State Board of Regents; and the Kansas University Medical Center. The plaintiff, Andrew John Bruggeman, appeals from an order of the district court of Wyandotte County sustaining defendants’ motions to dismiss for fail ure to state a claim upon which relief can be granted under Kansas law, K.S.A. 60-212(b)(6).

The record in this case consists of the petition, the answers of the defendants, the…