Second Department Reaffirms Limit On Wrongful LIfe Claims

In Kubik v. Erhart, the plaintiffs alleged that the defendants committed medical malpractice in failing to properly diagnose their child's condition in utero resulting in their failure to terminate the pregnancy.  The Second Department reaffirmed their prior holding in Mickens v. LaSala, that damages are limited for wrongful life claims to the parents' personal pecuniary loss and that expenses covered by other sources, such as private insurance or public programs, are not recoverable.  The plaintiffs, however, raised a triable issue of fact as to whether the child's extraordinary special needs caused them to incur extraordinary expenses, such as increased utility bills, and the cost of special equipment, which were not reimbursed by other sources.