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Loving Homes Case Summary

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Amy and Matt Stark can allege a cause of action of wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would need to find that they neglected to screen for CF based on the supposed contract or neglected to inform Amy and Matt about the CF gene from donor 3409’s medical history. For now we should allege all three claims in the complaint just in case there is a contract to be found if we reach the discovery period. …show more content…
21 C.F.R. § 1271.85 (2001) lists all diseases that laboratories are required to test for in semen donors. Cystic fibrosis is not listed under § 1271.85. Therefore, Loving Homes cannot be liable if they did not screen for cystic fibrosis. However, if Loving Homes knew that Amy carried the CF gene, and screened donor 3409 to which they found the CF gene, and neglected to tell Amy and Matt about this gene, then there are suitable grounds to sue Loving Homes based on negligence. As for breach of contract, unless a contract between Loving Homes and the Starks exist, then it is unlikely that they can sue Loving Homes based on a breach of contract cause of

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