Miller v. Duhart

SNYDER, Judge.

This is an action in which the plaintiffs seek damages for the “wrongful life” or “wrongful birth” of a child born after the allegedly negligent performance of a bilateral tubal ligation. The Circuit Court of St. Louis County sustained the defendants’ motion to dismiss, ruling that the action was barred by the two-year statute of limitations, § 516.105 R.S.Mo.1978. 1 The plaintiffs appealed. The judgment is affirmed.

Appellant Virginia Miller, upon the birth of her fourth child, decided she wanted no more children. Respondents Alan S. Palmer, D.O. and Fred DuHart, D.O. were…