Mason v. Western Pennsylvania Hospital

CAVANAUGH, Judge:

This is an appeal by the plaintiff-mother (appellant) from an order of the court below sustaining defendants’ (appel-lees) demurrer to plaintiff’s complaint for recovery of dam-, ages for the wrongful birth of appellant’s child. A baby was born to appellant on January 2, 1977 despite the fact that a tubal ligation had been performed on the appellant on June 11, 1974 by defendant Dr. Blockstein at defendant hospital. Appellant’s complaint was based on two causes of action: (1) that defendants breached their express and implied warranties that the sterilization procedure which…