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Keywords

plaintiffdefendantdamagesnegligencestatutemotionstatute of limitations

contractplaintiffdefendantdamagesappealmotionsummary judgmentmotion to dismiss

Related Cases

Procanik by Procanik v. Cillo, 97 N.J. 339, 478 A.2d 755

Facts

Peter Procanik, the infant plaintiff, was born with congenital rubella syndrome due to the negligence of the defendant physicians, who failed to properly diagnose his mother, Rosemary Procanik, during her pregnancy. The mother had informed the doctors of her recent measles diagnosis, but they misinterpreted the test results and assured her that she had nothing to worry about. As a result, Peter was born with multiple birth defects, and his parents sought damages for emotional distress and extraordinary medical expenses related to his condition.

The infant plaintiff, Peter Procanik, alleges that the defendant doctors, Joseph Cillo, Herbert Langer, and Ernest P. Greenberg, negligently failed to diagnose that his mother, Rosemary Procanik, had contracted German measles in the first trimester of her pregnancy.

Issue

The main legal issues were whether the infant plaintiff could recover damages for emotional distress and impaired childhood, and whether the parents could recover for their emotional distress and medical expenses given the statute of limitations.

The primary issue on this appeal is the propriety of a grant of a partial summary judgment dismissing a 'wrongful life' claim brought by an infant plaintiff through his mother and guardian ad litem.

Rule

The court ruled that an infant plaintiff could recover special damages for extraordinary medical expenses attributable to congenital conditions but could not recover general damages for emotional distress or impaired childhood. Additionally, the parents' claims were barred by the statute of limitations as they were independent from the child's claim.

We now conclude that an infant plaintiff may recover as special damages the extraordinary medical expenses attributable to his affliction, but that he may not recover general damages for emotional distress or for an impaired childhood.

Analysis

The court analyzed the claims by determining that while the infant had a valid claim for extraordinary medical expenses due to the negligence of the physicians, the claims for emotional distress and impaired childhood were not legally cognizable. The court emphasized the difficulty in measuring damages for emotional distress and the philosophical implications of a 'wrongful life' claim, ultimately deciding that the infant's claim for medical expenses was the only recoverable damage.

The crux of the problem is that there is no rational way to measure non-existence or to compare non-existence with the pain and suffering of his impaired existence.

Conclusion

The Supreme Court affirmed in part and reversed in part the judgment of the Appellate Division, allowing the infant plaintiff to recover extraordinary medical expenses while denying claims for emotional distress and impaired childhood. The matter was remanded to the Law Division for further proceedings.

The judgment of the Appellate Division is affirmed in part, reversed in part, and the matter is remanded to the Law Division.

Who won?

The prevailing party was the defendants, as the court upheld the dismissal of the claims for emotional distress and impaired childhood, and ruled that the parents' claims were time-barred.

The Law Division granted defendants' motion to dismiss, and the Appellate Division affirmed in an unreported opinion.

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