Smith v. Cote
Supreme Court of New Hampshire
513 A.2d 341 (1986)
Dr. Cote (defendant) failed to timely diagnose Linda Smith's (plaintiff) rubella exposure or warn her of the risk it posed to her fetus, and her daughter Heather (plaintiff) was born with severe congenital defects from rubella exposure; Smith sued for negligence and emotional distress, and Heather separately sought damages for "wrongful life," with the superior court certifying questions on both theories.
Whether, if a wrongful-birth cause of action exists when a physician negligently fails to provide information necessary for parents to make an informed decision regarding whether to have a child with birth defects, a wrongful-life cause of action exists despite public policy considerations against it.