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Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef
Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef
Washington Law Review
The Washington Supreme Court recently recognized both wrongful birth and wrongful life causes of action in Harbeson v. Parke-Davis, Inc. The court joined a growing number of jurisdictions that grant a wrongful birth claim. In recognizing the wrongful life claim, however, the court broke with the great weight of authority. This Note briefly examines the facts of the Harbeson case. Then, in separate sections, the Note reviews the legal background for the wrongful birth and wrongful life causes of action and analyzes and criticizes the court's reasoning on each claim. The analysis and criticism of the wrongful birth claim is …
Torts—Wrongful Birth—New Jersey Recognizes Emotional Distress Damages In A Wrongful Birth Action Involving A Deformed Child—Berman V. Allan, 80 N.J. 421, 404 A.2d (1979), T. Ryan Durkan
Washington Law Review
This note begins by reviewing developments that created the legal and social setting for the Berman decision. After analyzing the court's opinion the focus shifts to the issue of damages. A valuation scheme is then proposed to effectuate the conclusion that both pecuniary and emotional damages should be awarded in wrongful birth actions involving impaired children.