Brandon Canesi, a Minor by His Parents Melissa and Sebastian Canesi as Guardian Ad Litem, Melissa and Sebastian…

Summary

The Supreme Court of New Jersey held that in a wrongful birth action a plaintiff need not prove that the prescribed drug caused the child’s defect; it is enough to show that the undisclosed fetal risk was material, that the risk materialized, and that the parents would have terminated the pregnancy. The Court reversed the trial court’s summary judgment on the wrongful birth claim, finding sufficient evidence for a jury on duty breach and proximate cause, and remanded for further proceedings. Justice O'Hern concurred and Justice Pollock dissented, each contesting the majority’s approach to causation.