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17 Loy. L.A. Int'l & Comp. L.J. 535 (1994-1995)
Action for Wrongful Life, Wrongful Pregnancy, and Wrongful Birth in the United States and England

handle is hein.journals/loyint17 and id is 545 raw text is: Action for Wrongful Life, Wrongful Pregnancy, and Wrongful Birth in the United States and England ANTHONY JACKSON* I. WRONGFUL LIFE A. What is a Wrongful Life? Baby Shauna might reasonably have assumed that she would be born in good health. Her parents, Phillis and Hyam, did everything within their power to ensure a healthy birth. In fact, out of concern for Shauna's well-being, Phillis and Hyam went so far as to undergo tests to ensure that their baby daughter was not at risk of being born with a debilitating disease. Naturally, Phillis and Hyam relied on the results of these tests in deciding to parent a healthy child. Had they known that they were the carriers of genes that could lead to a crippling disease, Phillis and Hyam would not have continued with the pregnancy. The laboratory assured them that all was well, however, and as far as Phillis and Hyam knew, Shauna could eagerly anticipate her entrance into life without unnecessary complications. Phillis and Hyam understandably assumed that the lab would perform the tests with the requisite skill and care. In fact, however, the lab was grossly negligent in conducting the tests. Moreover, at the time these tests were performed, the nation's leading authors on Tay Sachs expressly warned the lab that its test procedures were substantially inaccurate and could produce a false negative result, in conscious disregard of the health, safety, and * B.A. Law, M.Phil. Criminology, University of Cambridge; LL.M. University of Illinois at Urbana-Champaign, College of Law; Member of the Honourable Society of t he Inner Temple for Barristers in England and Wales. The author is indebted to Professor Elaine Shoben at the University of Illinois at Urban-Champaign, College of Law for invaluable comments and suggestions on earlier drafts of this Article.

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