Hegyes v. Unjian Enterprises, Inc

In Hegyes v. Unjian Enterprises, Inc. (1991) 234 Cal. App. 3d 1103, a woman was involved in an automobile accident, and as a result of injuries sustained, was fitted with a lumbo-peritoneal shunt. Two years later she became pregnant. During the pregnancy, the fetus compressed the lumbo-peritoneal shunt, and in order to avoid further injury to the mother, the child was delivered 51 days premature by cesarean section. The child allegedly suffered from injuries relating to premature birth. (Hegyes, supra, 234 Cal. App. 3d at p. 1108.) The child sued the driver who had collided with the mother some two years prior to the child's birth. (Ibid.) On appeal, the court held that the negligent motorist owed no legal duty of care to the subsequently conceived child. (Id. at p. 1111.) In reaching its conclusion, the Hegyes court observed that "generally speaking, a 'wrongful life' case is brought by a genetically impaired child against a physician or other health care provider for preconception negligence in rendering medical counseling or testing. In a 'wrongful life' case, the child does not assert that the negligence of the defendant caused the inherited or congenital abnormalities. The essence of the child's claim is that the medical professional's breach of the applicable standard of care resulted in that child being born to experience the pain and suffering attributable to his or her affliction." (Hegyes, supra, at p. 1112.)