New York court says child, not mother, can sue for injuries in womb.

Trial | August 1, 2005| | Copyright

The New York Court of Appeals, the state's highest court, has ruled that a woman whose baby was born with deformities cannot sue for emotional distress, but the child can. The court said the mother could seek damages for separate injuries unrelated to the birth. (Sheppard-Mobley v. King, No. 49, 2005 WL 1106014 (N.Y. May 10, 2005).)

In its ruling, the court specifically refrained from broadening last year's key decision in Broadnax v. Gonzalez and Fahey v. Canino, where it held that a woman could sue for emotional distress damages if she suffered a miscarriage or ...

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