Szekeres by Szekeres v. Robinson

OPINION

By the Court,

Springer, J.:

This case arises out of a claimed failure of surgical sterilization procedures and the delivery by Phyllis Szekeres of a normal baby girl, Erica. Phyllis sues on her own behalf and on behalf of Erica and Erica’s brothers and sisters claiming that all have been “damaged” by the birth of Erica. The father of Erica, Peter Szekeres, joins the suit and asks for damages caused by his wife’s unavailability during pregnancy. The Szekereses sue, in both contract and tort, the attending physicians and the hospital where the surgery was performed. The district court…