Fassoulas v. Ramey Case Brief

Summary of Fassoulas v. Ramey, 450 So. 2d 822 (Fla. 1984).

Fact: Ps had two children with severe abnormalities. Ps decided not to have anymore babies and the husband got vasectomy. The medical procedure was performed by D. Then Ps had two more children, one of which was born with severe abnormalities and the other was normal.

Issue: 1. Can the parents recover for normal everyday expenses of raising a normal child? 2. Can the parents recover for normal everyday expenses of raising an abnormal child? 3. Can the parents recover for the extraordinary expenses involved in raising an abnormal child?

Holding: 1. No 2. No 3. Yes

Rationale: The benefits to parents of raising their child clearly outweigh the everyday costs of raising the child. But when parents have to rear extraordinary charges for raising an abnormal child, then the matter is different and the parents should be allowed to recover for damages.

Dissent: D’s negligent performance of the operation resulted in current and future economic strain on the Ps.




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