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Okla. High Court Rules in 'Wrongful Birth' Case (Jul 06, 2011)

OKLAHOMA CITY (AP) — The Oklahoma Supreme Court has ruled that the parents of a child born with a severe infection may recover damages for the costs associated with the child's ongoing care.

The court's decision on Wednesday was the result of a so-called "wrongful birth" lawsuit filed by an Enid couple against the University of Oklahoma Medical Center and two of its doctors.

According to the decision, Brian and Patricia Shull allege their son born in 2007 was rendered "permanently and completely helpless" as result of the infection. They contend doctors failed to inform them of the health risks of the virus and that, had they known of the virus, they would have terminated the pregnancy.

Oklahoma lawmakers in 2010 passed a law that would prohibit similar cases from being pursued.



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