SCOTX Clarifies What Damages Are Recoverable in ‘Wrongful Pregnancy’ Cases

A mother who sued her doctor, seeking to recover damages stemming from the birth of her fourth child after the doctor failed to perform a sterilization procedure she paid for, cannot proceed with her lawsuit, the Texas Supreme Court determined Friday in reinstating a win for the doctor.

Justice Rebeca Aizpuru Huddle, writing for a unanimous court, explained in a 21-page ruling that in so-called “wrongful pregnancy” cases only a narrow category of damages is available: those costs incurred during pregnancy, delivery and postpartum. But in this case, Grissel Velasco was seeking to recover a much broader category of damages — including the costs of rearing her daughter, mental anguish, and physical pain and suffering.