Nelson v. Krusen
Supreme Court of Texas
678 S.W.2d 918 (1984)
The Nelsons (plaintiffs), already parents of one child with muscular dystrophy, consulted Dr. Krusen (defendant) about whether Gloria was a genetic carrier before continuing a second pregnancy; Krusen wrongly told them she was not a carrier, and they proceeded with the pregnancy, only to learn three years after their son Mark's birth that he had muscular dystrophy. The Nelsons sued for wrongful birth on their own behalf and for wrongful life on Mark's behalf, claiming they would have terminated the pregnancy with accurate advice. The trial court granted summary judgment to the defendants on both claims, and the court of appeals affirmed.
Whether a minor child's claim for wrongful life can be sustained under ordinary negligence principles when the element of injury cannot be established.