Will robert be successful in his claims against dr stevens

Reference no: EM133604199

Problem

Elizabeth and Robert are a young couple who recently got married. They wish to have children, but before trying to conceive, they have genetic testing done and find out that they are both carriers of the gene for Cystic Fibrosis. After receiving this news, they decide not to have their own biological children, but to make use of a donor egg and sperm to hopefully have their first child.

In January of 2021, Robert goes to Dr. Stevens for a vasectomy procedure. In May of 2021, Elizabeth begins undergoing fertility treatments to prepare her body for the transfer of a donor egg and sperm. In July of 2021, Elizabeth and Robert are thrilled to learn that Elizabeth is pregnant. Elizabeth is treated throughout her pregnancy by her regular OB/GYN, Dr. Barnes. Dr. Barnes oversees treatment, including a regular ultrasounds, and reports that everything looks great. Elizabeth and Robert's son, William, is born in March of 2022. Soon after birth, the pediatrician at the hospital informs Elizabeth and Robert that William has severe defects in his pancreas and lungs that should have been identified on an ultrasound. After some testing, William is diagnosed with Cystic Fibrosis. Elizabeth and Robert share their concerns about the earlier results of their genetic testing, and after a DNA test is completed, it is found that William, is, in fact, the biological child of Elizabeth and Robert. The doctors tell the devastated parents that there must have been some mix-up where Elizabeth became naturally pregnant right after the time of the attempted embryo transfer. Meanwhile, William begins to receive treatment for his Cystic Fibrosis, which will include a lifetime of expensive treatment, organ damage, and a reduced life expectancy. Elizabeth and Robert love William very much and wouldn't trade him for anything in the world, but are devastated by the medical and financial problems they now face as a family.

Robert wants to sue Dr. Stevens for negligent sterilization and wrongful conception. Elizabeth wants to sue Dr. Barnes for wrongful birth and wrongful life. Will Robert be successful in his claims against Dr. Stevens? Why or why not? Will Elizabeth be successful in her claims against Dr. Barnes? Why or why not?

Reference no: EM133604199

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