Facts
- John and Edith Fassoulas had two children with severe congenital abnormalities and sought to avoid another pregnancy.
- In January 1974, Dr. John R. Ramey performed a vasectomy on John and provided follow-up advice and sperm testing.
- Edith became pregnant twice after the procedure, allegedly due to negligence in performing the vasectomy and in post-operative advice and evaluation of sperm viability.
- The first post-vasectomy child, Maria (born November 1974), had multiple congenital deformities.
- The second post-vasectomy child, Roussi (born September 1976), had a minor deformity corrected at birth and later developed normally.
- The parents sued for medical malpractice damages, including medical expenses, lost wages, emotional distress, loss of consortium, and the costs of raising both children to adulthood.
- A jury found defendants negligent (100% as to Maria; 50% as to Roussi) and found comparative negligence by plaintiffs as to Roussi, awarding $250,000 for Maria and $100,000 for Roussi (reduced to $50,000).
- On appeal, liability was affirmed, but damages were limited: ordinary rearing expenses were disallowed for both children, while expenses above ordinary rearing costs were permitted for a physically and mentally defective child.
- The Florida Supreme Court reviewed the case on a certified question of great public importance concerning the proper scope of damages.
Issues
- Whether parents may recover the ordinary costs of raising a healthy child born after a negligently performed sterilization procedure.
- Whether parents may recover child-rearing costs for a severely handicapped child born after such negligence, and if so, which categories of costs.
- What limits, if any, apply to damages in a negligence action arising from a failed sterilization intended to prevent conception.
Decision
- The Florida Supreme Court approved the limitation on damages adopted by the district court.
- Ordinary child-rearing expenses (past and future) were not recoverable for either child.
- For the severely impaired child, parents could recover special damages consisting of extraordinary medical, educational, and related expenses attributable to the disability, through the age of majority.
- Liability findings were left undisturbed; the Court’s disposition focused on restricting the measure of damages.
Legal Principles
- In negligence actions arising from failed sterilization, Florida does not permit recovery of ordinary child-rearing expenses on the theory that the child’s existence constitutes compensable injury.
- Recoverable economic damages may include extraordinary, disability-specific expenses (medical, educational, and related costs) that are reasonably connected to the child’s severe impairment and are incurred until the child reaches majority.
- A workable damages boundary is maintained by distinguishing ordinary rearing costs from quantifiable, disability-related special expenses, avoiding open-ended valuation of the benefits and burdens of parenthood.
Conclusion
Florida limited damages in negligent sterilization “wrongful birth” litigation by barring ordinary child-rearing costs for both healthy and disabled children, while permitting recovery of extraordinary disability-related expenses for a severely impaired child through the age of majority.