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Johnson v. University Hospitals of Cleveland

Supreme Court of Ohio

540 N.E.2d 1370 (1989)

Relevant factsFree

University Hospitals and three physicians (defendants) negligently performed a sterilization procedure on Johnson (plaintiff), who then became pregnant and gave birth to a healthy daughter. Johnson sued for negligence seeking pain-and-suffering and medical damages from the pregnancy and birth, as well as anticipated lifetime child-rearing expenses; the trial court awarded $12,500 for pregnancy-related damages but denied any recovery for child-rearing costs, and the court of appeals affirmed.

IssueFree

Whether, under the limited-damages rule, a parent plaintiff in a wrongful-pregnancy action may recover damages related to the pregnancy and birth but not for child-rearing expenses.

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