Greco v. United States Case Brief

Summary of Greco v. United States (1995) Pg. 553, 893 P.2d 345 (Nev. 1995)

Parties: Appellant – Plaintiff – Sundi A. Greco

Appellee – Defendant – United States of America

Court: U.S. Court of Appeals, 1995

Facts: Sunni Greco is suing Air Force Doctors for negligence in her prenatal care and delivery because they negligently failed to make a timely diagnosis of physical defects and anomalies afflicting the child when it was still in the mother’s womb. Because of this, it denied Sunni an opportunity to terminate her pregnancy and thereby caused damages to attendant to the avoidable birth of an unwanted and severely deformed child.

Procedural Posture: TC – US filed on the grounds that there was no cause of action. TC filed a certification order requesting an answer questions relating to the negligently caused unwanted birth of a child suffering from birth defects.

Issue: Can a mother recover for damages for an unwanted birth of a deformed/physically handicapped child?

Judgment: Ruled in favor of the appellant, and said she has a case to sue doctors for malpractice and NIED.

Holding: Under Nevada law, Sundi Greco has a right to bring to trial a case of malpractice against the doctors for not telling her in a timely fashion that the fetus was deformed; therefore, giving her the option of aborting the fetus. Court did decline the tort of “wrongful life". Court will not address the issue of whether not ever being born is more advantageous than being born into mental and physical disability

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