Miller v. Rivard

OPINION OF THE COURT

Levine, J.

In this action, plaintiffs, John Miller and Sharon Miller, have sued defendant Capital Area Community Health Plan Inc. (hereinafter CHP) and its physician/employee, defendant Donald Rivard, for various damages arising out of the conception and subsequent birth of a normal, healthy child in January 1989. The gravamen of their suit is what courts and commentators have come to call "wrongful conception” or "wrongful pregnancy”, i.e., the negligent performance of a sterilization or abortion procedure by a physician, or the negligent filling of a contraceptive…