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Fassoulas v. Ramey
450 So. 2d 822 (Fla. 1984).
Author: Jim
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: Ds
negligent performance of the operation resulted in current and
future economic strain on the Ps.
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