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Turpin v. Sortini

California Supreme Court

643 P.2d 954 (1982)

Relevant factsFree

The Turpins (plaintiffs) sued a hospital and Dr. Sortini (defendant) for failing to warn them of a high probability their children would be born deaf, including a claim on behalf of their daughter Joy, born completely deaf, seeking damages both for being deprived of the chance to be born without total deafness and for the extraordinary costs of specialized teaching, training, and hearing equipment her condition required; Sortini demurred, arguing Joy suffered no legally cognizable injury, and the trial court and court of appeal agreed, dismissing her claim. The case reached the California Supreme Court.

IssueFree

Whether, in California, a child may bring a 'wrongful birth' action in negligence and seek only damages for extraordinary costs associated with training and medical care.

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