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No. 123661
| Sharon Barnes and Tim Barnes, |
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Scott E. Combs |
Plaintiffs-Appellees, |
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| vs (Appeal from Ct of Appeals) |
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(Oakland - Grant, N.) |
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Dr. Ivana Vettraino, Dr. William Blessed and |
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Linda M. Garbarino |
Providence Hospital, |
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Defendants-Appellants, |
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| Michael Roth, M.D., |
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James G. Gross |
Defendant, |
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| and |
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| Jane Doe, |
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Defendant. |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendants-Appellants Ivana Vettraino, William Blessed, and
Providence Hospital's Brief on Appeal>>
Defendants-Appellants Ivana Vettraino, William Blessed, and
Providence Hospital's Reply Brief>>
Defendant-Appellant Michael Roth's Brief on Appeal>>
Background
Plaintiff Sharon Barnes learned that she was pregnant, and Dr. Michael Roth recommended that she have an amniocentesis because of her age. The plaintiffs opted for the test, and were initially informed that it did not reveal any significant problems with the pregnancy. Later, they learned that there had been a misdiagnosis, and that a chromosomal anomaly did exist. They decided to terminate the pregnancy, and traveled to Kansas, where a late-term abortion was performed. They then sued, alleging that Dr. Roth and other defendants had been negligent, and that the defendants' actions caused Sharon Barnes to suffer permanent physical, emotional, and financial injuries, and pain and suffering. The defendants asked the trial court to dismiss the plaintiffs' lawsuit. Relying on Taylor v Kurapati , 236 Mich App 315 (1999), the defendants argued that Michigan does not recognize a civil cause of action for either a physician's failure to inform parents of the presence of fetal abnormalities or for a wrongful birth based on a physician's failure to warn of birth defects. The trial court denied the defendants' motion. The Court of Appeal s majority affirmed the lower court's ruling in an unpublished decision, with one judge dissenting. The defendants appeal.
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