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ELLIS v. SHERMAN

512 Pa. 14 (1986)

515 A.2d 1327

Donald L. ELLIS, Jr., and Jeanni E. Ellis, Individually and as Guardians of the Minor Donald L. Ellis, III, Appellants, v. Alfred J. SHERMAN, M.D., John G. Goedecke, Robert E. Stevenson, M.D., Donald F. Post, M.D., Sherman Associates, Paul A. Wengert, M.D., James E. Jones, M.D. and James Daly, M.D., Appellees.

Supreme Court of Pennsylvania.

Decided October 3, 1986.

Attorney(s) appearing for the Case

Gerald S. Robinson, Harrisburg, for appellants.

James W. Evans, Harrisburg, for appellee Sherman Associates.

Linda S. Porr, Philadelphia, Peter J. Curry, Harrisburg, for appellee Paul A. Wengert, M.D.

Wiley P. Parker, Lebanon, C. Kent Price, Harrisburg, for appellee James Jones and James Daly, M.D.'s.

Robert E. Kelly, Jr., Harrisburg, for appellee Hamilton Health Center.

Christian S. Erb, Jr., Harrisburg, for appellee Glen Wheeler, M.D. etc. et al.

William W. Cahill, Jr., James G. Groves, Deborah G. Shortridge, Baltimore, Md., pro hac vice.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The issue in this case is whether a child born with a hereditary disease may recover, in his own right, against medical doctors who treated his parents prior to his birth and who failed to inform the parents that the child might be born with a hereditary disease transmitted by the father. The essence of the child's claim is that he was injured by being born, that nonexistence is preferable to a diseased life of suffering...

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