Viccaro v. Milunsky

Before marrying, Amy and Thomas Viccaro (plaintiffs) consulted genetic counselor Aubrey Milunsky (defendant) about whether Amy carried ectodermal dysplasia, a painful, severely disfiguring genetic disorder present in her family; Milunsky told Amy she didn't have or carry the condition. The couple married, had a healthy first child, and then had Adam (plaintiff), who was born with ectodermal dysplasia and will require lifelong medical care and suffer ongoing pain and distress; Thomas and Amy have also suffered and will continue to suffer emotional distress because of Adam's condition. The Viccaros sued Milunsky for negligent infliction of emotional distress, and the trial court certified questions to the state supreme court, including whether a child born with a genetic defect and his parents may recover against a physician whose negligent counseling led the parents to conceive that child.