Not Your Gardern Variety Tort Reform: Statutes Barring Claims for Wrongful Life and Wrongful Birth are Unconstitutional under the Purpose Prong of Planned Parenthood v. Casey
![handle is hein.journals/brklr61 and id is 245 raw text is: NOT YOUR GARDEN VARIETY TORT REFORM:
STATUTES BARRING CLAIMS FOR WRONGFUL LIFE
AND WRONGFUL BIRTH ARE UNCONSTITUTIONAL
UNDER THE PURPOSE PRONG OF PLANNED
PARENTHOOD v. CASEY
INTRODUCTION
At the age of 36, Julie Sejpal gave birth to a daughter with
Down syndrome.' Ms. Sejpal, a teacher of differently-abled
children, had expressed concern throughout her pregnancy that
she was at increased risk for fetal anomalies because of her
age. Still her obstetricians discouraged her from getting amnio-
centesis,2 assuring her that the test would not be necessary
unless other prenatal tests suggested a problem.3 Two months
later, a routine prenatal blood test showed that Ms. Sejpal
faced a greater than normal risk of giving birth to a child with
Down syndrome.4 The laboratory result specifically warned
that the patient should be advised about the availability of
amniocentesis and genetic counseling.'
Ms. Sejpal's physicians never advised her about the avail-
ability of amniocentesis, nor did they refer her for genetic
counseling.6 In fact, when a sonogram indicated that her preg-
nancy was not progressing normally, one of her obstetricians
I Complaint at I9 11, 27, Sejpal v. Corson, No. 1991-2288.A (Pa. Ct. Comm.
P1. Mar. 4, 1992), affd, 627 A.2d 210 (Pa. Super. Ct 1993) [hereinafter Seipal
Complaint].
2 See F. GARY CUNNINGHAM, M.D. ET AL., WILLIAMS OBSTTETRICS 945-48 (19th
ed. 1993).
' See Petitioners' Appendix to Petition for a Writ of Certiorari at 87a-S9a,
Sejpal v. Corson, 637 A.2d 289 (Pa. 1993), cert. denied, 115 S. CL 30 (1994) [here-
inafter Sejpal Cert. Appendix] (excerpting deposition of Julie Sejpal).
' Sejpal Complaint, supra note 1, at q 12; Sejpal Cert. Appendix, cupra note
3, at 83a.
r Sejpal Complaint, supra note 1, at q 12; Sejpal Cert. Appendix, supra note
3, at 83a.
' Sejpal Complaint, supra note 1, at 1 18; Sejpal Cert. Appendix, cupra note
3, at 88a-89a.](ViewImageLocal?handle=hein.journals/brklr61&div=15&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most