Page:Wilbur v. Kerr, 275 Ark. 239 (1982).pdf/1

Virgil WILBUR & Wilma WILBUR, His Wife v. Robert L. KERR, M.D. et al

Supreme Court of Arkansas
Opinion delivered March 8, 1982

DAMAGES—WRONGFUL BIRTH OR WRONGFUL CONCEPTION AS RESULT OF NEGLIGENT PERFORMANCE OF VASECTOMY—EXPENSES OF RAISING CHILD NOT AWARDED AGAINST DOCTOR PERFORMING NEGLIGENT ACT—AGAINST PUBLIC POLICY.—Where the parents of a normal, healthy child seek to recover the expenses of raising that child from a doctor who negligently or unsuccessfully performed a vasectomy on the father resulting in the birth of the unexpected child, held, damages for the expenses of raising an unwanted, healthy child are denied as against public policy; however, the Supreme Court does not hold that a doctor performing such a negligent act should not have to pay for that act; he would be responsible for any and all proper damages connected with the operation and connected with the pregnancy, inasmuch as these are valid damages that may be recovered in such cases.

Appeal from Baxter Circuit Court, Robert W. McCorkindale, II, Judge; affirmed.

Bailey & Paden, P.A., for appellants.

Sidney P. Davis, of Davis, Cox & Wright, for appellees.

DARRELL HICKMAN, Justice. The issue presented to us is whether the parents of a normal, healthy child may recover the expenses of raising that child from a doctor who negligently and unsuccessfully performed a vasectomy on the father resulting in the birth of the unexpected child. The trial court held that as a matter of law such expenses were not recoverable and we agree with that judgment.

The question comes to us from a summary judgment granted to the appellees, Dr. Robert L. Kerr and his professional association. The parties narrowed the issue to the trial court, as they have on appeal, by admitting certain facts. The appellant, Virgil Wilbur, the father of two, sought