Michelman v. Ehrlich

In Michelman v. Ehrlich, 311 N.J. Super. 57, 63, 709 A.2d 281 (App.Div.), certif. denied, 156 N.J. 405, 719 A.2d 637 (1998), the grandfather of a child born with Tay-Sachs disease, attempted to recover emotional distress damages for his grandson's wrongful birth. Id. at 60, 709 A.2d 281. The Court rejected that claim essentially for the reason that the doctor's duty to diagnose the mother's condition so as to avoid fetal abnormalities could not, as a matter of logic, extend beyond the parents. Id. at 69, 709 A.2d 281. The Court explained: It serves no purpose of tort law to extend the duty to grandparents who have no patient/doctor relationship, have no power to act on the information that is the subject of the duty, and, unlike the husband, also have no financial obligation to support the handicapped child. No matter what a grandparent may want to do with the information a doctor may impart concerning a potential birth defect, the grandparent is powerless to act upon it. Only the daughter or daughter-in-law, as the case may be, has the constitutional right to terminate the pregnancy or bring it to term. For that reason, the creation of a tort duty to grandparents will not promote the policy of conforming conduct to acceptable standards of care. Ibid. This is the only reported New Jersey case which discusses a wrongful birth claim brought by a party other than a parent.