In what circumstances will a tort jury be able to assess damages for failure to provide a prescription birth control drug?

California, United States of America


The following excerpt is from Stills v. Gratton, 127 Cal.Rptr. 652, 55 Cal.App.3d 698 (Cal. App. 1976):

In Troppi v. Scarf, supra, 187 N.W.2d 511, the court gave a lucid rebuttal to the various policy reasons used to deny a cause of action to the parents, or to limit their recovery, against the normal rules of tort damages. In that case, the defendant druggist negligently failed to provide the birth control drug prescribed for plaintiff mother. It resulted in the birth of an eighth child. The court concluded that there was no valid reason why the trier of fact should not be free to assess damages as it would in any other negligence case. (Id. at p. 516.) The court said that contrary to the idea that to allow damages would be against public policy, both state and federal governments encourage birth control.

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