Bruce R. Parker, Thomasina E. Poirot, and Scott C. Armstrong published “What’s Unconstitutional About Wrongful Life Claims? Ask Jane Roe…” in the August 2020 edition of the International Association of Defense Counsel (IADC) Defense Counsel Journal. Through the lens of tort law, this article will explore how a wrongful life claim is fundamentally different from a wrongful birth claim. It explains the reasoning offered by courts in 38 states that have rejected wrongful life claims and discusses the strained rationale offered by courts in the three states that permit recovery for wrongful life. The article argues that wrongful life claims are constitutionally impermissible because they are incompatible with the rationale that underlies the Supreme Court decision in Roe v. Wade. To read the full article, please click the link below.
August 05, 2020 | International Association of Defense Counsel (IADC) Defense Counsel Journal
What’s Unconstitutional About Wrongful Life Claims? Ask Jane Roe . . .
1 min
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