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HUDAK v. GEORGY

535 Pa. 152 (1993)

634 A.2d 600

Michael J. HUDAK and Ann H. Hudak, His Wife, Individually and as Co-Administrators of the Estates of Joseph Hudak, Deceased, David Hudak, Deceased and Michael Hudak, Deceased, Appellants, v. Farouk M. GEORGY, M.D., and Lyon, Copper, Hippel, Georgy and Collins, P.C., Appellees, and Leonard Collins, M.D., Appellee.

Supreme Court of Pennsylvania.

Resubmitted February 24, 1993.

Decided November 16, 1993.

Reargument Denied December 27, 1993.

Attorney(s) appearing for the Case

Roberta D. Pichini, Philadelphia, for appellants.

Joseph Phillips and Dennis J. Bonetti, Harrisburg, for appellees.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

The issue raised on this appeal is whether an action for wrongful death and survival can be maintained on behalf of triplets that were born alive, but were unable to sustain life because of their premature birth.

The facts of this case are as follows: Mrs. Hudak became pregnant in November of 1982, and was under the care of Drs. Farouk M. Georgy, Leonard Collins; and Lyon, Cooper, Hipple, Georgy, and Collins, P...

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