359 P.3d 841
Wash. Ct. App.2015Background
- Oliver Wuth was born with severe physical and cognitive defects; postnatal testing showed an unbalanced 2;9 chromosomal translocation. Plaintiffs Brock and Rhea Wuth sued alleging wrongful birth (parents) and wrongful life (child) against Valley Medical Center, LabCorp, and Dr. James Harding.
- Brock had a balanced 2;9 translocation in his family; Children's Hospital had recommended prenatal diagnosis (CVS or amniocentesis, with possible FISH testing) and produced a written report identifying breakpoints.
- Rhea underwent CVS at Valley on Dec. 31, 2007. Dr. Harding directed a medical assistant to prepare the lab requisition and to send Brock’s genetic report to LabCorp, but the report was not attached. Dr. Harding ordered a karyotype (not FISH).
- LabCorp performed a karyotype (reviewed by a single, inexperienced technician), reported a normal male karyotype with a standard disclaimer, and did not perform or recommend FISH; Valley relayed the “normal” result to the Wuths. Oliver was born with the translocation.
- Jury found LabCorp and Valley 50% each liable, awarded $25 million to Oliver (special damages) and $25 million to Brock and Rhea (general damages). Dr. Harding was found not liable. LabCorp appealed; the Court of Appeals affirmed, finding any errors harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parents may recover general (emotional) damages in wrongful birth | Harbeson allows parents to recover emotional injury and medical expenses; Brock/Rhea sought general emotional distress damages | LabCorp argued McKernan precludes recovery of general damages or that emotional distress requires objective symptomatology | Court: Harbeson controls; parents can recover emotional distress in wrongful birth; objective symptom requirement not required under RCW 7.70 claims |
| Whether wrongful life plaintiff may recover damages | Oliver sought recoverable, calculable extraordinary expenses for medical care and special training | LabCorp argued damages for life vs. nonexistence are incalculable and invalid | Court: General damages barred for wrongful life but extraordinary medical/special-training expenses are recoverable; summary judgment properly denied |
| Admissibility / effect of Dr. Harding–Wuths settlement | LabCorp: nondisclosure of settlement prejudiced jury, masked alignment/collusion and bolstered credibility | Wuths/Dr. Harding: settlement did not realign interests; disclosure not required; ER 408 bars admission for liability | Court: Trial court did not abuse discretion denying admission — settlement did not create misleading alignment here |
| Exclusion/limitation of expert testimony and defense allocation theories | LabCorp sought to present alternate negligence theories and experts (Dr. London, Dr. Clark) to allocate fault to Dr. Harding | Dr. Harding moved to strike; trial court limited expert testimony to perinatology standard within record; Wuths’ theory narrowly pleaded | Court: Exclusions and limits were within discretion; no admissible expert support for other negligence theories so court properly barred those fault-allocation arguments |
Key Cases Cited
- Harbeson v. Parke-Davis, 98 Wn.2d 460 (Wash. 1983) (recognizing wrongful birth and wrongful life causes; parents may recover emotional injury and medical expenses; child may recover extraordinary medical/special-training expenses)
- McKernan v. Aasheim, 102 Wn.2d 411 (Wash. 1984) (limits on recovery for costs of rearing a healthy child; public policy concerns about uncertainty and disparagement)
- Bunch v. King County Dep’t of Youth Servs., 155 Wn.2d 165 (Wash. 2005) (standard for reviewing excessive damages remittitur; deference to jury verdicts)
- Pon Kwock Eng v. Klein, 127 Wn. App. 171 (Wash. Ct. App. 2005) (expert admissibility governed by scope of witness knowledge, not professional title)
- Broyles v. Thurston County, 147 Wn. App. 409 (Wash. Ct. App. 2008) (arguments seeking awards to "make sure this never happens again" can improperly request punitive damages)