Shull v. Reid
Oklahoma Supreme Court
258 P.3d 521 (2011)
Patricia and Brian Shull (plaintiffs) sued Dr. Monica Reid (defendant) for failing to properly diagnose a debilitating virus during Patricia's first trimester, alleging that had they known of the diagnosis and its likely severe effects, they would have terminated the pregnancy; their son was born with significant, permanently disabling health problems. Reid moved for summary judgment, arguing recoverable damages were limited to the medical costs of continuing versus terminating the pregnancy, and the trial court granted the motion; the Shulls appealed.
Whether, prior to enactment of an Oklahoma law that disallows damages for wrongful birth, the proper measure of damages in a wrongful birth action claiming medical malpractice is the extraordinary medical expenses and other pecuniary losses proximately caused by the negligence for the period of time of the child's life, or until the child reaches the age of majority, whichever is shorter.