Curlender

Plaintiff Shauna Tamar Curlender, a child, by her father, Hyam Curlender, as guardian ad litem, sought damages for personal injury from defendants Bio-Science Laboratories, a corporation, Automated Laboratory Sciences, a corporation, and Jerome Schaffer, M.D. At first, defendants attacked the sufficiency of the third cause of action set forth in the complaint, a cause of action based upon alleged fraud; eventually, however, defendants demurred to the first amended complaint in its entirety on the ground that it had failed to state a cause of action in its entirety. The trial court sustained the demurrers without leave to amend, and an order of dismissal was filed. Plaintiff has appealed from this order of dismissal.

The appeal presents an issue of first impression in California: What remedy, if any, is available in this state to a severely impaired child— genetically defective—born as the result of defendants’ negligence in conducting certain genetic tests of the child’s parents—tests which, if properly done, would have disclosed the high probability that the actual, catastrophic result would occur?

In resolving this important and complex issue, we turn first to the…