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KINGSBURY v. SMITH

No. 81-150

122 N.H. 237 (1982)

FREDERICA J. KINGSBURY & a. v. ALEXANDER C. SMITH, M.D., & a.

Supreme Court of New Hampshire

March 10, 1982

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (Robert P. Shea on the brief and orally), for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (Theodore Wadleigh on the brief and orally), for the defendants.

BATCHELDER, J.

This case, raising questions concerning whether New Hampshire recognizes a claim for "wrongful birth" and, if so, what damages may be considered by the trier of fact, comes to us from a certification of questions from the United States District Court for the District of New Hampshire (Devine, C.J.). The questions are:

"1. Under New Hampshire law, may recovery be had for the `wrongful birth', i.e., the birth of a child which would...

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