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

Summary

The New Jersey Supreme Court held that in a wrongful birth action the plaintiff need not prove that the physician’s drug caused the child’s defect; liability can be based on the physician’s failure to warn of a material fetal risk that was foreseeable and that would have led the mother to terminate the pregnancy. The Court reversed the summary judgment, remanding for a jury trial on the wrongful birth claim.