 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Vanvooren v. Astin3/30/2005
2005 Opinion No. 47
The decision of the district court granting Defendants' motion for summary judgment is: affirmed.
Rick and Danika VanVooren appeal from the district court's order granting summary judgment in favor of the respondent health care providers. The court held that I.C. § 5-334, which prohibits wrongful birth claims, barred the VanVoorens' claim for negligent infliction of emotional distress. Dr. Smith, one of the providers, cross-appealed, arguing the district court abused its discretion in denying his request for attorney fees. Both parties seek attorney fees on appeal. We affirm the district court's orders and decline to award fees on appeal.
I. FACTUAL AND PROCEDURAL BACKGROUND
On May 30, 2002, the VanVoorens filed suit against Drs. Astin, Smith, Crandall, and Coleman, as well as Magic Valley Women's Health, P.C., and Twin Falls Magic Valley Regional Medical Center (Hospital). They asserted various causes of action stemming from the defendants' care of Danika VanVooren during her pregnancy with Bailey VanVooren. The child was born with severe birth defects and died shortly thereafter. The VanVoorens alleged wrongful birth claims, i.e. that the defendants' failure to properly diagnose the birth defects denied them the opportunity to terminate the pregnancy. An Amended Complaint was filed on July 30, 2002, asserting the following causes of action: (1) negligence against all defendants, except the Hospital; (2) negligence against Dr. Astin and the Hospital relating to a tubal ligation; (3) negligent infliction of emotional distress against all defendants; and (4) intentional infliction of emotional distress against Dr. Astin and the Hospital.
An Answer was filed to the Amended Complaint on August 30, 2002. Dr. Smith moved for summary judgment in December 2003, claiming I.C. § 5-334 barred all the VanVoorens' causes of action against him. The other defendants joined the motion, seeking partial summary judgment on the wrongful birth claims. The VanVoorens filed a memorandum in opposition to the motion for summary judgment in which they conceded their negligence claim (count one) was precluded by I.C. § 5-334, but argued their claim for negligent infliction for emotional distress was not barred.
The district court granted summary judgment in favor of Dr. Smith on all claims. Summary judgment was granted in favor of the other defendants on the negligence claim (count one) and on the claim of negligent infliction of emotional distress (count three) to the extent that it relied on a wrongful birth theory. The VanVoorens timely appealed. The district court refused to award attorney fees to Dr. Smith, prompting a cross-appeal.
II. ANALYSIS
A. The District Court Properly Granted Summary Judgment on the Wrongful Birth Claims
A wrongful birth cause of action is one brought by the parents of an infant born with birth defects, wherein the parents claim (1) the negligence of a physician precluded the parents from making an informed decision as to whether to have the child, and (2) they would have terminated the pregnancy had they been properly advised of the nature and extent of the birth defects. Blake v. Cruz, 108 Idaho 253, 255, 698 P.2d 315, 317 (1984). A wrongful birth cause of action was recognized in Blake. However, the Idaho Legislature subsequently enacted Idaho Code § 5-334 for the specific purpose of overturning Blake. That section provides:
(1) A cause of action shall not arise, and damages shall not be awarded, on behalf of any person, based on the claim that but for the act or omission of another, a person would not have been permitted to have been born alive but wo
Page 1 2 3 4 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|