Miller v. Johnson

The appeal in each of these cases arises from an action by a mother against a physician for damages from what has been characterized as “wrongful pregnancy.” In each case, the mother sought an abortion, the abortion failed, and subsequently a child was born. In each case, the mother sought to recover damages related to the unsuccessful abortion, the continuing pregnancy, and the childbirth and, in addition, the costs of rearing the child to majority.

In one case, the trial court entered judgment on the jury verdict awarding damages under an instruction permitting consideration of all these…