In what circumstances can a plaintiff in a wrongful life action seek damages for medical costs incurred as a result of the tortfeasor's disability?

California, United States of America


The following excerpt is from Andalon v. Superior Court, 162 Cal.App.3d 600, 208 Cal.Rptr. 899 (Cal. App. 1984):

I conform my concurrence to the reasoning and conclusion reached in Turpin v. Sortini (1982) 31 Cal.3d 220, 182 Cal.Rptr. 337, 643 P.2d 954. That court succinctly summarized the extent to which such an action may be pursued and ultimately compensated in damages. "In sum, we conclude that while a plaintiff-child in a wrongful life action may not recover general damages for being born impaired as opposed to not being born at all, the child--like his or her parents--may recover special damages for the extraordinary expenses necessary to treat the hereditary ailment." (Id., at p. 239, 182 Cal.Rptr. 337, 643 P.2d 954.)

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