Fort Worth Osteopathic Hospital, Inc. v. Reese

in which Justice HECHT, Justice OWEN, Justice O’NEILL, Justice JEFFERSON, Justice WAINWRIGHT and Justice BRISTER joined.

We again address whether parents of a stillborn child can sue for statutory wrongful death and survival damages. This case presents the new issue of whether foreclosing this claim denies such plaintiffs and their unborn fetuses their constitutional right to equal protection of the laws. Because we conclude that the Legislature’s decision to exclude such claims is not unconstitutional, we hold that the court of appeals erred in concluding that the Equal Protection Clause…