Legal Opinion

Willis Ex Rel. Willis v. Wu

Supreme Court of South Carolina

Decided December 20, 2004No. 25915PublishedCited by 26 opinions

1Opinion of the Court

Justice BURNETT:

In this appeal, we are asked to decide the novel issue of whether South Carolina will recognize a common law cause of action for “wrongful life” brought by or on behalf of a child born with severe congenital defects. This case was certified for review from the Court of Appeals pursuant to Rule 204(b), SCACR. We decline to recognize such a cause of action.

FACTUAL AND PROCEDURAL BACKGROUND

Jennie Willis (Mother), in her capacity as guardian ad litem for her minor son, Thomas Willis (Child), brought a “wrongful life” action on behalf of Child against Donald S. Wu (Physician).…

2Cases cited48 opinions

  1. Becker v. SchwartzNew York Court of Appeals · 1978
  2. I'On, L.L.C. v. Town of Mt. PleasantSupreme Court of South Carolina · 2000
  3. Nelson v. KrusenTexas Supreme Court · 1984
  4. Clark v. CantrellSupreme Court of South Carolina · 2000
  5. Harbeson v. Parke-Davis, Inc.Washington Supreme Court · 1983

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3Cited by26 opinions

  1. USAA Property & Casualty Insurance v. Clegg Ex Rel. Estate of CleggSupreme Court of South Carolina · 2008
  2. Moore v. WeinbergCourt of Appeals of South Carolina · 2007
  3. Singleton v. ShererCourt of Appeals of South Carolina · 2008
  4. Tomlinson v. Metropolitan Pediatrics, LLCOregon Supreme Court · 2018
  5. Pee Dee Stores, Inc. v. DoyleCourt of Appeals of South Carolina · 2009

21 more not listed; retrieve them via the Exa API.

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