## Facts

- Ruth Johnson underwent a tubal ligation for sterilization at University Hospitals of Cleveland on March 4, 1982, performed by three hospital-employed physicians.
- Johnson alleged the sterilization was negligently performed and failed.
- She became pregnant in July 1982 and gave birth to a healthy baby girl on April 27, 1983.
- Johnson sued the hospital and physicians on July 27, 1983, seeking damages for pregnancy-related pain and suffering, related medical expenses, and child-rearing expenses to the child’s majority (estimated at about $300,000).
- The matter proceeded under a medical arbitration process; Johnson prevailed on liability.
- The trial court awarded $12,500 for pain and suffering and pregnancy-related medical expenses but denied recovery of child-rearing expenses; the court of appeals affirmed.

## Issues

1. In a wrongful pregnancy action arising from negligent sterilization resulting in the birth of a healthy child, must the mother mitigate damages by abortion or adoption?
2. May parents recover child-rearing expenses for a healthy child in such an action, or are damages limited to pregnancy-and-birth-related harms?

## Decision

- The Supreme Court of Ohio affirmed.
- The court held the mother has no duty to mitigate damages by abortion or adoption.
- The court adopted a limited-damages approach: recoverable damages are confined to those associated with the pregnancy and birth (including medical expenses and pain and suffering), and exclude child-rearing expenses for a healthy child.
- The court upheld the award for pregnancy-related damages and the denial of child-rearing costs.

## Legal Principles

- A tort plaintiff must take only reasonable steps to reduce prospective damages; abortion or adoption cannot be required as mitigation in a wrongful pregnancy action.
- In Ohio wrongful pregnancy actions involving the birth of a normal, healthy child, recoverable damages are limited to pregnancy-and-delivery-related harms (including medical expenses and pain and suffering).
- Child-rearing expenses for a normal, healthy child are not a compensable element of damages because, as a matter of Ohio public policy, the birth of such a child is not a legally cognizable injury to the parents.

## Conclusion

Ohio recognizes wrongful pregnancy claims for negligent sterilization but limits recovery to pregnancy-and-birth-related damages, rejects any mitigation requirement of abortion or adoption, and bars child-rearing expenses where the child is born healthy.


Johnson v. Univ. Hosps. of Cleveland, 44 Ohio St. 3d 49, 540 N.E.2d 1370 (1989)