Speck v. Finegold

In Speck v. Finegold (1979) Pa. 408 A.2d 496, 508, the plaintiff infant was crippled with hereditary neurofibromatosis. The defendant doctor had negligently performed a vasectomy upon the father who had requested it after deciding that the best interest of his family would be served if no additional children were born bearing the hereditary affliction. The Pennsylvania court stated: " It is not a matter of taking into consideration the various and convoluted degrees of the imperfection of life. It is rather the improbability of placing the child in a position she would have occupied if the defendants had not been negligent when to do so would make her nonexistent. The remedy afforded an injured party in negligence is intended to place the injured party in the position he would have occupied but for the negligence of the defendant. Thus, a cause of action brought on behalf of an infant seeking recovery for a 'wrongful life' on grounds she should not have been born demands a calculation of damages dependent on a comparison between Hobson's choice of life in an impaired state and nonexistence. This the law is incapable of doing." (Ibid.)