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Stepping Beyond The Smith Plaintiffs‘ Reliance On Corso: An Alternative Approach To Recovering Emotional-Distress Damages In Wrongful-Birth Cases In New Hampshire, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “More than twenty years ago, in Smith v. Cote, the New Hampshire Supreme Court held “that New Hampshire recognizes a cause of action for wrongful birth.” After so holding, the court then discussed the damages available to a prevailing wrongful-birth plaintiff. Among other things, the court held that when parental emotional distress associated with raising a disabled child, born after the mother had received negligent pre-natal assurance of the baby‘s normal health, “results in tangible pecuniary losses, such as medical expenses or counseling fees, such losses are recoverable.” The court further held that a wrongful-birth plaintiff may not recover …