McKernan v. Aasheim

Where a healthy, normal child is born after an unsuccessful sterilization operation, may the parents recover damages in a tort action for the cost of rearing and educating that unplanned child? The trial court held in a partial summary judgment that child-rearing costs could not be recovered. We affirm.

I

On March 7, 1980, Dr. Glen Aasheim performed a sterilization operation known as a tubal ligation upon Karen McKernan. Despite the operation, Karen became pregnant and gave birth to a healthy, normal child. In February 1983, Karen and her husband James McKernan filed the present lawsuit,…